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

The process of getting veterans disability benefits can be overwhelming. A veteran disability lawyer can guide you through the process.

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

Appeals

When the VA denies a claim, or fails to approve benefits, it gives the veteran or his or the spouse who died to appeal. Even the most basic disability claims can make this a complicated and lengthy procedure. A veteran's disability attorney can help you understand your options and help you get the benefits you deserve.

A common reason people declare a disability claim is that they are not satisfied with their disability status. In this case, a lawyer can ensure that the evidence is there to justify a proper rating based on a debilitating condition caused or exacerbated by military service.

A veteran disability lawyer might be required by those who have not received their benefits. The lawyer can assist in determining what documents are missing, and then make a request for these records to the VA.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will let you concentrate on your health and other obligations you have. Certain attorneys are veterans and this can create an exceptional compassion for their clients. This can make a major difference in the outcome of the appeal.

Higher-Level Reviews

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

A veteran or their representative could request an informal meeting to discuss the matter with the senior reviewer. However only one conference is allowed. It is important to be prepared and present the facts of your case in a clear manner at this time. An attorney for veterans can assist you in preparing for and take part in the informal conference.

Higher-level reviews are usually utilized to correct errors made by the earlier reviewer in an appeal for disability for example, mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct the errors by changing a previous decision, but only when it is in the best interest of the claimant.

The higher-level review could result in a private hearing for the claimant which provides an opportunity to meet with those who are reviewing the claim and to explain the arguments. A veteran disability lawyer can help decide whether a personal hearing is required and prepare and present the evidence at the hearing.

Notice of Disagreement

Once the VA has assessed your claim and ivimall.com issued an assessment, you may make a formal notice of disagreement within one year of the date when the local office gives you the original denial notice. The VA will review your case once more and draft a Statement of the Case.

To file a complaint to file a dispute, you must use VA Form 21-958. A disability lawyer can help you complete this form correctly to appeal the decision. You do not have to list all the reasons you disagree with the VA's decision but it is best to be specific and help the VA know what you believe is wrong. Your attorney can assist you in deciding the evidence you should include in the NOD. This could be statements from medical professionals, or results from 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. The process can take between 25 and up to 25 months, and you should be in contact with your lawyer throughout the process. If the VA refuses to accept your claim, your lawyer can request a hearing to be conducted before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately granted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed many laws to ensure veterans receive compensation for illnesses, injuries and ailments they've experienced during their time of service. The VA is a massive bureaucracy, and it's easy to be lost. A veteran disability lawyer can help applicants navigate the system and offer the assistance they need.

When a veteran files a Notice of Disagreement to his or local VA office, the VA must conduct a review of the case. This includes reviewing the laws, regulations and evidence used in the initial decision. This also includes looking at the veteran's medical records and in the event of a need, lay statements. The VA must provide the applicant with an Statement of Case which includes a list with evidence that it has reviewed.

The statement should outline in plain language the reasoning behind its decision, including how it interpreted the laws and regulations that affected the case. It should address any claims raised by the claimant in the NOD.

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