Write About Everything

How a veterans disability law firms Disability Attorney Can Help You Get the Benefits You Deserve

The process of applying for veterans disability benefits may be overwhelming. A good veterans disability attorney can assist you from beginning to end.

It is essential to find a lawyer who limits their law practice to disability cases and exclusively handles those cases at all levels of appeal. This helps ensure you’ll be getting the best representation.

Appeal

If the VA decides to deny or not accept a claim, the spouse or the veteran who is surviving can file an appeal. It is a difficult and lengthy process that could be complicated even for the most simple disability claims. A veteran disability lawyer can assist you in understanding all your options and obtain the benefits you deserve.

A common reason people make a claim for disability is that they are not satisfied with their disability rating. In this case, a lawyer can ensure that the evidence is in place to support an appropriate rating based upon a disabling condition that was caused or worsened by military service.

A veterans disability lawyer could be needed by those who have not received their benefits. The lawyer can help determine what documents are not available, and then submit a request for these records to the VA.

A veteran disability lawyer can also relieve you of the burden of dealing directly with the VA. This will let you concentrate on your health and any other obligations you have. Certain attorneys are veterans disability lawsuits and this may result in an unmatched empathy for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans can appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to analyze the same evidence as in the original claim and make a fresh decision. The senior reviewer can confirm or reverse the previous decision to rate.

A veteran or their representative could request an informal conference to discuss the case with the senior reviewer. However only one of these conferences is allowed. At this conference, it is important to prepare and present your case’s information in a concise manner. An attorney for Veterans Disability Law Firms can help you prepare and participate in the informal conference.

The higher-level reviews are typically used to correct mistakes made by the previous reviewer of a disability claim. For instance in the event that the previous reviewer misinterpreted evidence, or made errors in the law. The senior reviewer can alter an earlier decision on the same claim to correct these kinds of mistakes, but only if those modifications are beneficial to the claimant.

The higher-level review could result in a private hearing for the claimant which gives the claimant an opportunity to meet with the person reviewing the claim and to explain the arguments. A lawyer who is a veteran can help you determine whether it is required to request a personal hearing, as well as preparing and presenting the evidence during the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you can file a notice of disagreement within one year of the date the local office mails you the original denial notice. The VA will review your case again and issue an official statement of the case.

To file a disagreement with the VA, you should fill out VA Form 21-958. A disability lawyer can help to fill out the form correctly so that it is effective in appealing the decision. You do not have to list all the reasons you don’t agree with the VA’s decision, but it is advisable to be specific and help the VA to understand what you believe is wrong. Your attorney can help you decide what evidence to include in the NOD. These could be statements from medical professionals, or results of diagnostic tests.

If your appeal is rejected at this stage, then you can ask to have it reviewed again by a senior reviewer through a Higher Level Review. This process could take up to approximately 25 months. You should be with your attorney at every step. If the VA denies your claim, your lawyer may request an appearance before an Veterans Law judge to present evidence and testimony in person. Your lawyer will draft your check when your claim is accepted.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are paid for ailments, injuries and illnesses suffered during service. The VA is a massive bureaucracy and it’s not difficult to get lost. A veteran disability lawyer can assist people navigate the system and provide the assistance they need.

The VA must review the case following the time the veteran has filed an official Notice of Dispute with the local VA office. This includes looking at the regulations, laws and the evidence used to make the original decision. This includes reviewing the veteran’s medical record and when necessary lay statements. The VA must provide the claimant with an official statement of the case that includes a list of all evidence it studied.

The statement should state in clear language the reasoning behind the decision, as well as how it decided to interpret the laws and regulations that affected the case. It should address the claims made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was sent. However due to the VA backlog, the agency may delay the release of the document. If you’re a veteran who is appealing a rating decision or a claim for benefits, contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.