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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 locate an attorney who is skilled in disability law and can handle cases of this nature at all levels of appeal. This helps ensure you'll be receiving the best legal representation.

Appeal

When the VA rejects or doesn't approve a claim, the spouse of the deceased may appeal. Even the most basic disability claims could make it difficult to navigate this complicated and time-consuming procedure. A veteran disability lawyer can help you understand the options available to you and obtain the benefits you deserve.

The most common reason why people submit a claim for disability is because they are unhappy with their disability status. In this instance, the lawyer can make sure that the evidence is sufficient to justify a proper rating based on a debilitating condition that was caused or worsened by military service.

Another reason for people to seek out a veterans disability lawyer is because they've waited too long to get their benefits. The lawyer can help determine what documents are not available, and then submit an inquiry for these records to the VA.

Having a veterans disability lawyer can take the burden of dealing with the VA away from your shoulders. This allows you to concentrate on your health and other obligations you might have. Some lawyers are Veterans disability law firms, which can give them a unique empathy for their clients. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions if they do not agree. The Higher-Level Review is a decision review option that allows a senior reviewer to look at the same evidence as was presented in the original claim and make an entirely new decision in the case. The senior reviewer can confirm or reverse the previous decision to rate.

The individual or the representative of the veteran can request an informal meeting with the senior reviewer to discuss the case, but only one of these conferences is permitted. For this meeting it is essential to prepare and present your case's facts in a concise manner. A veteran disability attorney can help you prepare for and take part in the informal conference.

Higher-level reviews are usually used to correct errors made by the reviewer who was earlier in a disability case, such as misinterpreting evidence or making errors in the law. The senior reviewer can alter an earlier decision regarding the same claim to correct these mistakes but only if the changes are advantageous to the applicant.

A hearing at a personal level can be arranged for the applicant as a result of the higher-level review. This is an opportunity for the claimant to meet the person who is reviewing their case and present their arguments. A veterans disability attorney can help determine whether the need for a personal hearing is justified, as well as prepare and present evidence during the hearing.

Notice of Disagreement

After the VA has examined your claim and reached a decision, you can submit a notice of disagreement within one year from the date that the local office has sent you the original denial letter. The VA will review your case once more and draft a Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help to fill out the form correctly to appeal the decision. It is not necessary to list every reason you do not agree with the VA's decision but it is advisable to be specific to help the VA know what you believe is wrong. Your attorney can help you on the evidence you should submit in the NOD such as statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this stage, then you can have it re-examined again by a senior reviewer through an Higher Level Review. This can take up to 25 months, and you must have an attorney on with you every step of the way. If the VA is unable to resolve your claim, your lawyer can request a hearing to be conducted before a Veterans Law Judge to present evidence and testimony in person. If your claim is awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans receive compensation for their injuries, illnesses and conditions that they suffer during their service. The VA is a big bureaucracy and it's not difficult to get lost. A veteran disability lawyer can assist applicants navigate the system and provide the assistance they need.

Once a veteran files a Notice of Disagreement with his or her local VA office, the VA must conduct a review of the case. This involves examining the regulations, laws, and evidence used in the initial decision. This also includes looking at the medical records of the veteran and, if needed, lay statements. The VA must provide the claimant with a Statement of the Case which is a list of all evidence it has examined.

This statement should be in plain language and provide the reasoning behind the decision, as well as the interpretation of the regulations and laws relevant to the case. It should address all the assertions made by the claimant in the NOD.

The Statement of the Case is typically sent to the veteran within 120 days from the date on which the NOD was filed. Due to the VA backlog, it could take the agency longer to issue the document. If you are a veteran seeking to appeal the decision of a rating agency or a claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.