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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 may seem overwhelming. The right veterans disability attorney can guide you from start to finish.

It’s crucial to find an attorney who only handles disability law and these cases at all levels of appeal. This ensures you’re receiving the best legal representation.

Appeal

When the VA denies a claim, or does not approve benefits, it allows the veteran or his or spouse who is surviving to file an appeal. This is a lengthy and lengthy process that could be complicated, even for the most simple disability claims. A veterans disability attorney can help you understand your options and ensure you receive the benefits you deserve.

One of the main reasons people need to file a disability claim is because they are not happy with their disability rating. In this case, a lawyer can make sure that the evidence is in place to support an appropriate rating based upon a disabling condition caused or exacerbated by military service.

A veterans disability lawyer may be needed by those who have not received their benefits. The lawyer can assist in determining what documents are missing and then submit a request to the VA for those records.

A veteran disability attorney can also take the burden of dealing with the VA away from your shoulders. This will let you concentrate on your health and any other responsibilities that you may have. Some attorneys are veterans disability law firms and this can provide them a unique form of empathy with their clients and give them a greater stake in their cases. This can make a big difference in the result of the appeal.

Higher-Level Reviews

Veterans can appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review process that allows an experienced reviewer examine the same evidence provided in the original claim, and then make a new decision. The senior reviewer can affirm or reverse the previous rating decision.

A veteran or their agent may arrange for an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is permitted. At this conference, it is important to prepare and present your case’s facts in a clear manner. A veterans disability attorney can assist you in preparing and take part in the informal conference.

Higher-level reviews are often utilized to correct errors made by the previous reviewer in a disability case, such as mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct the errors by altering the decision made previously however only when it is in the best interest of the claimant.

The higher-level review could result in a hearing for the claimant which gives the claimant an opportunity to speak with the person who is reviewing the claim, and explain their arguments. A veterans disability lawyer can help determine whether or not the need for a personal hearing is justified and prepare and present evidence for the hearing.

Notice of Disagreement

You can file a disagreement within one year from the date the local office mailed you the original denial letter. The VA will review your claim again and create an official statement of the case.

To file a disagreement with the VA, you should fill out VA Form 21-958. An attorney for disabled people can help you fill out this form correctly so that it is effective in appealing the decision. It is not necessary to list every reason you do not agree with the VA’s decision but it is best to be specific to help the VA understand what you think is wrong. Your attorney can help you decide what evidence to include in the NOD. This could be statements from medical professionals, or results of diagnostic tests.

If your appeal is not granted at this stage, you have another chance to review it by a senior reviewer in the form of A Higher-Level Review. This process could take up to about 25 months and you must be with your lawyer throughout the process. If the VA denies your claim, your lawyer can request an appointment with a Veterans Law judge to present testimony and other evidence in person. Your attorney will draft your check if your claim is awarded.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are paid for injuries, illnesses and other ailments suffered during service. The VA is a large bureaucracy, and it’s easy to be lost. A veteran disability lawyer can assist in navigating the process and offer much-needed assistance to claimants.

When a veteran files a Notice of Disagreement in his or her local VA office, the VA must conduct an examination of the case. This involves examining the laws, regulations and evidence used in the original decision. This includes reviewing the veteran’s medical record and when necessary, lay statements. The VA must provide the claimant with a Statement of Case which is a list of all the evidence it has examined.

The statement should be written in plain language and provide the reasoning for the decision, including the interpretation of the law and regulations affecting the case. It should address any claims that the claimant has made in the NOD.

The Statement of the Case is typically sent to the veteran within 120 days from when the NOD was filed. However due to the VA backlog the agency might take longer to mail the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision over an assessment or claim for benefits.