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

The process of getting veterans disability benefits can be overwhelming. The right veterans disability attorney can guide you from beginning to end.

It's important that you choose an attorney who has experience in disability law and who handles these cases at all levels of appeal. This will ensure that you're receiving the best representation.

Appeals

If the VA decides to deny or not consider a claim, the spouse of the deceased can file an appeal. This is a complicated and time-consuming process that can be complicated even with the most basic disability claims. A veterans disability attorney can help you understand your options and help you get the benefits you deserve.

One of the main reasons people need to make an application for disability benefits is that they are not satisfied with their disability status. In this situation, the lawyer can ensure that the evidence is sufficient to support a fair rating based upon a disabling condition that is caused or exacerbated by military service.

Another reason for people to require a veteran disability lawyer is because they've waited too long for benefits. The lawyer can help determine what documents are missing and then submit a request to the VA to obtain those documents.

A veteran disability attorney can also relieve the burden of dealing with the VA away from your shoulders. This will allow you to focus on your health and other obligations you might have. Some lawyers are veterans themselves and this can provide them a unique form of empathy for their clients and create a deeper investment in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

veterans disability law firm can appeal VA decision if they disagree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to look at the same evidence that was presented in the original claim, and make a new determination. The senior reviewer can either affirm or reverse the previous rating decision.

The veteran or their representative may arrange for a casual conference with the senior reviewer to discuss the case, but only one conference is allowed. It is crucial to be prepared and be able to present your case in a clear manner at this time. A veterans disability attorney can help you prepare for and take part in the informal conference.

Higher-level reviews are often used to correct mistakes made by the previous reviewer in a disability claim which could include mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct these errors by changing a previous decision but only if it is in the best interests of the claimant.

The more extensive review can result in a personal hearing for the claimant which gives them the chance to meet with the person reviewing the claim and to explain their arguments. A veterans disability lawyer can help determine whether or not a personal hearing is needed and also prepare and present the evidence for the hearing.

Notice of Disagreement

You may file a dispute within one-year of the date the local office sent you the original denial letter. The VA will review the claim again and prepare a Statement of Case.

You must use VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help complete this form in a manner that is effective in appealing the decision. You don't have to list every reason why you disagree with the decision; however, it is better to be specific in order that the VA understands what exactly you believe to be incorrect. Your attorney can help you determine what evidence to include with the NOD. These could be statements from medical professionals, or results from diagnostic tests.

If your appeal is denied at this stage, then you can have it re-examined by a senior judge through a Higher Level Review. This process could take as long as 25 months and you should be with your attorney throughout the process. If the VA denies your claim, your lawyer may request an appointment with an Veterans Law judge to present evidence and testimony in person. If your claim is accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has written extensive laws to ensure that veterans are paid for injuries, illnesses and other ailments incurred during service. The VA is a huge bureaucracy and it's not difficult to become lost. A veteran disability lawyer can help navigate the process and offer much-needed assistance to applicants.

Once a veteran files a Notice of Disagreement to his or her local VA office, the VA must conduct a review of the case. This includes examining the laws, regulations and evidence used in the original decision. This also includes looking at the veteran's medical records and, if needed lay statements. The VA must send the claimant an official statement of the case which is a list of all evidence it studied.

The statement should be in plain English and should explain the reasoning of the decision, which should include the interpretation of the regulations and laws that affect the case. It should address all arguments made by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was sent. Due to the VA backlog it may take the agency longer to issue the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision regarding the basis of a rating or a claim for benefits.