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

The process of applying for veterans disability benefits can seem overwhelming. The right veterans disability attorney can guide you from start to finish.

It's crucial to find an attorney who only is skilled in disability law and can handle cases of this nature at all levels of appeal. This ensures that you're getting the best representation.

Appeal

If the VA rejects or doesn't consider a claim, the spouse of the deceased or veteran can appeal. Even the most basic disability claims could make it difficult to navigate this complicated and time-consuming procedure. A veterans disability attorneys disability attorney can assist you in understanding your options and obtain the benefits you deserve.

The most common reason why people submit a claim for disability is that they are not satisfied with their disability rating. In this case lawyers can make sure that there is enough evidence to back a rating that is appropriate for a condition that is caused or aggravated by military service.

A veterans disability lawyer could be needed by people who have had to wait too long for their benefits. The lawyer can assist in determining what documents are missing and then submit a request to the VA for the relevant records.

A veteran disability lawyer can also take away the burden of dealing directly with the VA. This will allow you the time to focus on your health, as well as any other obligations you might have. Some lawyers are veterans and this can create an exceptional empathy for their clients. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions if they do not agree. The Higher-Level Review is a decision review option that allows the senior reviewer to look at the same evidence that was presented in the original claim and make a new decision on the case. The senior reviewer can choose to either affirm or reverse the previous rating.

A veteran or their agent may arrange for an informal conference to discuss the case with the senior reviewer. However, only one of these conferences is allowed. It is crucial to be prepared and provide the facts of your case in a concise way at this conference. A veterans disability attorney can help you prepare for and take part in the informal conference.

Higher-level reviews are typically used to correct mistakes by the earlier reviewer in a disability claim, such as mistakenly interpreting evidence or committing errors in the law. Senior reviewers are able to correct these mistakes by reversing a previous decision, but only when it is in the claimant's best interest.

The more thorough review may result in a hearing for the claimant which is an opportunity to speak with the person who is reviewing the claim and present their arguments. A veterans disability lawyer can help determine whether it's necessary to request a private hearing, as well as with preparation and presenting evidence during the hearing.

Notice of Disagreement

Once the VA has reviewed your claim and made a decision, you are able to make a formal notice of disagreement within one year of the date when the local office has sent you the original denial notice. The VA will examine your claim once more and draft a Statement of the Case.

You should use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. You do not have to list all the reasons you do not agree with the VA's decision, but it is advisable to be specific to help the VA understand what you think is wrong. Your attorney can help you on what evidence to submit to support the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this stage If you are denied, you can try again to get it reviewed by a senior reviewer in form of a Higher-Level review. This could take up to 25 months, and you should have an attorney on all the way. If the VA refuses to accept your claim, your attorney can request an appeal before a Veterans Law judge to present testimony and other evidence in person. Your lawyer will prepare your check when your claim is accepted.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for injuries, illnesses and conditions they've endured during their time of service. The VA is a big bureaucracy, and it's easy to be lost. A veteran disability lawyer can help applicants navigate the system and provide the needed assistance.

If a veteran files a Notice of Disagreement to his or local VA office, the VA must conduct an examination of the case. This includes looking at the laws, regulations and evidence used in making the initial decision. This includes looking over the medical records of the veteran and when necessary, lay statements. The VA must provide the claimant with a Statement of Case, which contains a list of all the evidence it has looked over.

The statement should outline in plain language the reasoning behind its decision, and how it interprets the laws and regulations that impacted the case. It should address the claims raised by the claimant in his or her NOD.

The Statement of the Case is usually mailed to the veteran within 120 days of when the NOD was filed. Due to the VA backlog, it may take the agency longer to issue the statement. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is appealing a decision on an assessment or claim for benefit.