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

The process of obtaining blakely veterans disability lawyer 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 handles disability law and cases of this nature at all levels of appeal. This will ensure you receive the best representation.

Appeal

When the VA refuses to approve a claim or does not accept benefits, it permits the veteran or his or spouse who survives to file an appeal. Even the simplest disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veteran disability lawyer can help you understand all your options and get the benefits you deserve.

The most common reason for people to make a claim for disability is that they are unhappy with their disability status. In this situation an attorney can make sure there is enough evidence to back a rating that is appropriate due to a condition that is caused or worsened by military service.

Another reason for people to seek out a veterans disability lawyer is because they've been waiting too long to get their benefits. The lawyer can help determine the missing documents, and then submit an application for these records to the VA.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will give you the time to focus on your health and any other obligations you have. Some lawyers are veterans and this may result in an innate empathy for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Bedford Veterans Disability Lawyer are able to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to analyze the same evidence as in the original claim and make a fresh determination. The senior reviewer can either affirm or reverse the previous decision to rate.

The person who is the veteran or their representative could request an informal meeting with the senior reviewer to discuss the case, but only one such meeting is permitted. It is important to be prepared and be able to present the facts of your case in a clear way at this conference. An attorney who specializes in veterans disability can help you prepare and participate at the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of the disability claim. For example an earlier reviewer misinterpreted the evidence or made 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 changes are advantageous to the applicant.

The more extensive review can lead to a personal hearing for the claimant which gives the claimant an opportunity to meet with the person reviewing the claim, and explain their arguments. A veterans disability lawyer can help determine whether an individual hearing is necessary and prepare and present the evidence for the hearing.

Notice of Disagreement

You may file a dispute within one year from the date the local office received the initial denial letter. The VA will review your claim again and create an official statement of the case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out the form correctly to appeal 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 to be wrong. Your attorney can help you about the type of evidence you can submit with the NOD, including statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this stage, then you can have it re-examined by a senior judge through an Higher Level Review. This can take up to 25 months, and it is important to have your attorney by your side throughout the procedure. If the VA continues to deny your claim, your lawyer may request a hearing to be conducted before a Veterans Law Judge to present evidence and testimony in person. Your lawyer will prepare your check if your claim is awarded.

Statement of the Case

Congress has passed many laws to ensure that veterans receive compensation for injuries, illnesses and conditions they've endured during their time of service. But, the VA is a huge bureaucracy, and it's easy to become lost in the system. A veteran disability lawyer can assist people navigate the system and offer the much-needed assistance.

Once a veteran has filed a Notice of Disagreement in his or local VA office, the agency must conduct an investigation into the case. This includes examining the regulations, bedford Veterans disability lawyer laws and evidence used to make the initial decision. This also includes looking at the medical records of the veterans and, if needed, lay statements. The VA must provide the claimant with an official statement of case which contains a list of evidence that it has examined.

The statement should outline clearly the reasoning behind its decision, as well as how it interprets the laws and regulations that impacted the case. It should address the allegations made by the claimant in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days of the date on which the NOD was filed. However, due to the VA backlog the agency might take longer to mail this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision regarding the basis of a rating or a claim for benefit.