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

The process of applying for benefits from veterans disability may be overwhelming. A qualified veterans disability lawyer can guide you from beginning to end.

It's important that you choose an attorney who has experience in disability law and who handles cases of this nature at all levels of appeal. This will ensure that you get the best legal representation.

Appeal

When the VA refuses to approve a claim or fails to accept benefits, it permits the veteran or or her surviving spouse to file an appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veteran disability lawyer can help you understand the options available to you and help you get the benefits you deserve.

The most common reason for people to make a claim for disability is that they are not satisfied with their disability rating. In this situation, the lawyer can make sure that the evidence is sufficient to support a fair rating based on a disability condition that is caused or exacerbated by military service.

A veterans disability lawyer may be required by those who have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing and can then make a request to the VA for the relevant records.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will allow you the time to concentrate on your health and any other obligations you have. Some attorneys are veterans themselves and this can provide them a unique form of empathy with their clients and give them a greater stake in their cases. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that allows an experienced reviewer to review the same evidence presented in the original claim, and then make a new decision on the case. The senior reviewer can affirm or reverse the previous rating decision.

The individual or veterans disability lawyer the representative of the veteran can request an informal meeting with the senior reviewer to discuss the case, however, only one such conference is allowed. At this meeting it is important to prepare and present your case's information clearly. An attorney who specializes in veterans disability can help you prepare for and participate in the informal conference.

Higher-level reviews are often utilized to correct errors made by the reviewer who was earlier in the case of a disability claim for example, not interpreting evidence correctly or making mistakes in the law. The senior reviewer may alter an earlier decision on the same claim in order to correct these kinds of errors however only if the modifications are beneficial for the person filing the claim.

The more extensive review can result in a hearing for the applicant, which provides an opportunity to speak with the person who is reviewing the claim, and explain their arguments. A veterans disability lawyer can help determine whether it is required to request a personal hearing, and with creating and presenting evidence during the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you are able to file a written notice of disagreement within one year from the date when the local office gives you the original denial letter. The VA will review the claim again and prepare a Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you complete this form correctly to appeal the decision. It is not necessary to list all the reasons you don't agree with the VA's decision, but it is best to be specific to help the VA to understand what you believe is wrong. Your attorney can guide you about the type of evidence you can submit to support the NOD, for example, statements from medical professionals or results of diagnostic tests.

If your appeal is not accepted at this stage, then you can ask to have it reviewed by a senior reviewer through a Higher Level Review. This process could take up to up to 25 months, and you should be in contact with your attorney at every step. If the VA rejects your claim, your attorney may request an appearance before a Veterans Law judge to present testimony and other evidence in person. Your lawyer will draft your check when your claim is accepted.

Statement of the Case

Congress has passed a number of laws to ensure veterans receive compensation for illnesses, injuries, and ailments they've experienced during their service. However 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.

The VA must examine the case once a veteran has filed an Notice of Dispute at the local VA office. This includes looking into the regulations, laws and evidence used to reach the original decision. It also involves examining the medical records of the veterans disability law firms and in the event of a need, lay statements. The VA must send the claimant a Statement of the Case which includes a listing of all evidence it has studied.

The statement should state in a clear manner the reasoning behind its decision, and how it interpreted the laws and regulations that affected the case. It should address all assertions made by the claimant in the NOD.

The Statement of the Case is usually sent to the veteran within 120 days from when the NOD was filed. However, due to the VA backlog, the agency may take longer to issue this document. If you are a veteran appealing the decision of a rating agency or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.