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

The process of obtaining veterans disability benefits can be overwhelming. A good veterans disability attorney can help you navigate it from start to finish.

It is essential to find an attorney that only has experience in disability law and who handles cases of this nature at all levels of appeal. This helps ensure you’ll be receiving the best legal representation.

Appeal

If the VA refuses to approve a claim or does not approve benefits, it gives the veteran or vimeo.com his or her surviving spouse to appeal. This is a lengthy and lengthy process that could be complicated even with the most simple disability claims. A veterans disability lawyer can help you understand the various options available and secure the benefits you deserve.

The most common reason people need to declare an claim for disability is because they are not content with the disability rating they have received. In this instance an attorney can make sure that there is enough evidence to justify the appropriate rating in light of a condition that was caused or aggravated by military service.

Another reason for people to seek out a veterans disability lawyer is that they have been waiting for too long to receive benefits. The lawyer can help determine what documents are missing and submit a request to the VA for those records.

A lawyer for veterans’ disability will also help you get rid of the burden of dealing directly with the VA. This will allow you to concentrate on your health and any other obligations that you may have. Some lawyers are veterans themselves and this can provide them a unique type of empathy with their clients and make them more invested in their cases. This can make a major difference in the result of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions if they disagree. The Higher-Level Review is a decision review option that permits a senior reviewer to examine the same evidence that was presented in the original claim, and then make an additional decision regarding the case. The senior reviewer is able to either reverse or confirm the previous rating.

A veteran or their agent may request an informal meeting to discuss the matter with the senior new.ishinkwang.org reviewer. However, only one of these conferences is permitted. At this conference it is crucial to prepare and present your case’s details in a clear way. An attorney that specializes in veterans disability can help to prepare and take part in the informal conference.

Higher-level reviews can be used to correct mistakes by the earlier reviewer in the case of a disability claim, such as failing to interpret evidence or making mistakes in the law. The senior reviewer is able to alter an earlier decision regarding the same claim in order to correct these mistakes, but only if those modifications are beneficial to the person filing the claim.

A personal hearing may be scheduled for the claimant in the wake of the review at a higher-level. This is an opportunity for the applicant to meet with the person who will be reviewing their claim and present their arguments. A veteran disability lawyer can help decide whether an individual hearing is necessary and prepare and present evidence during the hearing.

Notice of Disagreement

You may file a complaint within one year of the date the local office issued the original denial letter. The VA will review your claim once more and draft an official statement of the case.

If you want to file a dispute for a disagreement, you should file VA Form 21-958. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. You don’t have to list all the reasons you disagree with the VA’s decision, but it is best to be specific and help the VA determine what you think is wrong. Your attorney can help you on the evidence you should submit along with the NOD, for example, statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you have another chance to review it by an experienced reviewer in the form of an Higher-Level Review. This process could take as long as up to 25 months, and you should be with your attorney throughout the process. If the VA refuses to accept your claim, your lawyer may request an appointment with an Veterans Law judge to present evidence and testimony in person. If your claim is ultimately accepted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are paid for injuries, illnesses and other ailments suffered during service. But the VA is a huge bureaucracy and it is easy to get lost in the maze of regulations. A veteran disability lawyer can help you navigate the process and provide crucial assistance to those seeking assistance.

The VA must examine the case once a veteran has filed a Notice of Dispute with the local VA office. This includes looking at the regulations, laws and evidence used to reach the initial decision. It also involves examining the veteran’s medical records and in the event of a need lay statements. The VA must send the claimant a Statement of the Case which is a list of all evidence that it has reviewed.

The statement should outline in plain language the reasoning behind the decision, including how it determined the law and regulations that affected the case. It should address the issues that the claimant has made in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was received. However, due to the VA backlog and backlog, the agency could take longer to mail the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran appealing a decision on the amount of your rating or a claim for benefits.