How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve

The process of submitting an application for benefits from veterans disability may be overwhelming. The right veterans disability attorney can help you navigate it from beginning to end.

It's important that you locate an attorney who handles disability law and cases of this nature at all levels of appeal. This ensures you're receiving the best legal representation.

Appeal

When the VA decides to deny or not consider a claim, the spouse of the deceased can file an appeal. It is a difficult and lengthy process that can be complicated even for the simplest disability claims. A veterans disability attorney can help you understand your options and ensure you receive the benefits you deserve.

One common reason that people need to file an claim for disability is because they are not content with their disability ratings. In this case, a lawyer can make sure that there's enough evidence to support a rating that is appropriate due to a condition that is caused or worsened by military service.

A veteran disability lawyer might be needed by people who have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing and can then make a request to the VA to obtain those documents.

A lawyer for veterans' disability can also ease the burden of dealing directly with the VA. This gives you the time to concentrate on your health, and any other obligations you might have. Some lawyers are veterans which can give them an unmatched empathy for their clients. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

veterans disability attorneys are able to appeal VA decision if they disagree. The Higher-Level Review is a decision review option that allows an experienced reviewer to examine the same evidence as was presented in the original claim and then make a new decision on the case. The senior reviewer is able to affirm or reverse the previous decision to rate.

The veteran or their representative may ask for an informal conference with the senior reviewer to discuss the case, but only one such conference is allowed. It is crucial to be prepared and explain your case in a clear manner during this meeting. A veterans disability attorney; look at here, can assist you in preparing and participate in the informal conference.

Higher-level reviews are typically used to correct errors made by the previous reviewer on a disability claim which could include not interpreting evidence correctly or making mistakes in the law. The senior reviewer is able to alter the previous decision made on the same claim in order to correct these kinds of mistakes however only if those modifications are beneficial for the applicant.

A personal hearing can also be scheduled for the claimant as a result of the review at a higher level. This provides the applicant to meet with the person reviewing their claim and present their arguments. A lawyer for veterans disability can help you determine whether it is required to request a personal hearing, as well as preparing and presenting the evidence at the hearing.

Notice of Disagreement

After the VA has looked over your claim and come to a decision, you are able to make a formal notice of disagreement within one year of the date on which the local office has sent you the original denial letter. The VA will review your claim once more and draft an official statement of the case.

To file a complaint, you should use VA Form 21-958. A disability lawyer can help to fill out the form correctly to appeal the decision. You don't need to list every reason that you disagree with the decision. However it is recommended to be specific in order that the VA understands what exactly you believe to be wrong. Your attorney can help you on the kind of evidence to include along with the NOD, for example, statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point, you can have it re-examined by a senior judge through a Higher Level Review. This could take up to 25 months, and you should have your attorney by with you every step of the process. If the VA is unable to resolve your claim, your lawyer may request that a hearing be conducted before a veterans disability law firms Law Judge to present testimony and additional evidence in person. Your lawyer will draft your check should your claim be approved.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans are compensated for their ailments, injuries and illnesses caused by their service. The VA is a huge bureaucracy and it's easy to get lost. A veteran disability attorney can help navigate the process and provide much-needed assistance for those seeking assistance.

If a veteran files a Notice of Disagreement with his her local VA office, the agency must conduct an investigation into the case. This includes looking at the regulations, laws and evidence used to make the original decision. Also, it involves looking over the veteran's medical records and when necessary lay statements. The VA must provide the claimant with a Statement of the Case which includes a listing of all evidence it has looked over.

The statement should outline in a clear manner the reasoning behind the decision, and how it determined the law and regulations that impacted the case. It should address the claims raised by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was sent. Due to the VA backlog it may take longer for the agency to issue the document. If you're a veteran attempting to appeal the decision of a rating agency or a claim for benefits, please contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.