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

The process of applying for veterans disability benefits can be overwhelming. A lawyer who is a veterans disability attorney can guide you through the process.

It's crucial to find a lawyer who has a limit on their law practice to disability cases, and only handles those cases at all levels of appeal. This helps ensure you'll be receiving the best legal representation.

Appeals

When the VA denies or does not approve a claim, either the spouse of the deceased or veteran can appeal. This is a lengthy and lengthy procedure that can be complicated even for the simplest disability claims. A veterans disability lawyer can help you understand the various options available and get the benefits you deserve.

One common reason that people need to submit an application for disability benefits is that they are not content with the disability rating they have received. In this instance an attorney can make sure that there's enough evidence to back the proper rating due to a condition that is caused or worsened by military service.

Another common reason for people to require a veterans disability lawyer is that they've waited for too long to receive benefits. The lawyer can assist in determining what documents are missing and submit a request to the VA for the relevant records.

A veteran disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will give you the time to focus on your health, as well as any other responsibilities you may have. Some attorneys are veterans 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 huge difference in the result of the appeal.

Higher-Level Reviews

waterloo veterans Disability lawyer 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 as in the original claim and make a fresh decision. The senior reviewer can either confirm or reverse the previous decision to rate.

The veteran or their representative may arrange for a casual conference with the senior reviewer to discuss the case, but only one such conference is allowed. It is important to be prepared and present your case in a clear manner at this meeting. An attorney who is specialized in the field of veterans disability can assist you prepare for and participate in the informal conference.

Higher-level reviews are usually used to correct errors made by the previous reviewer on a disability claim that result in failing to interpret evidence or making mistakes in the law. Senior reviewers can correct these mistakes by altering the decision made previously however only if it is in the best interest of the claimant.

A personal hearing could be scheduled for the applicant as a result of the review at a higher-level. This is a chance for the applicant to meet with the person who is reviewing their case and explain the arguments. A veteran disability attorney can help determine whether a personal hearing is needed and also prepare and present evidence for the hearing.

Notice of Disagreement

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

If you want to file a dispute for a disagreement, you should file VA Form 21-958. A disability attorney can assist to fill out the form in a way that is effective in contesting the decision. You don't have to include 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 is incorrect. Your attorney can provide guidance about the type of evidence you can submit to support the NOD, for example, statements from medical professionals or the results of diagnostic tests.

If your appeal is not accepted at this point, you can have it reviewed by a senior reviewer through a Higher Level Review. This process could take up to 25 months and Veterans Disability Lawyer you should be with your lawyer throughout the process. If the VA refuses to accept your claim, your lawyer may request a hearing to be held before a Veterans Law Judge to present evidence and testimony in person. If your claim is ultimately granted, your lawyer will prepare you for your check.

Statement of the Case

Congress has passed many laws to ensure that veterans receive compensation for illnesses, injuries and ailments they've experienced during their time of service. The VA is a large bureaucracy and it's not difficult to be lost. A veteran disability attorney can guide you through the process and provide much-needed assistance for those who are seeking benefits.

Once a veteran files a Notice of Disagreement in his or local VA office, the agency must conduct an examination of the case. This involves examining the laws, regulations, and the evidence used in the original decision. This includes looking over the medical records of the veteran as well as, if necessary, lay statements. The VA must provide the applicant with an official statement of case which includes a list of evidence that it has reviewed.

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

The Statement of the Case is usually mailed to the veteran within 120 days from the date on which the NOD was filed. However, lawyers due to the VA backlog, the agency may take longer to issue this document. If you're a veteran seeking to appeal a rating decision or a claim for benefits, contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.