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

The process of submitting an application for benefits for veterans disability can appear overwhelming. A good veterans disability attorney can assist you from start to finish.

It is essential to find a lawyer who limits their practice to disabilities and only handles those cases at all levels of appeal. This ensures that you're receiving the best legal representation.

Appeal

When the VA decides to deny or not approve a claim, the spouse of the deceased can appeal. This is a complicated and lengthy procedure that can be complicated even by the most basic disability claims. A veteran disability lawyer can help you understand all your options and help you get the benefits you deserve.

The most common reason why people make a claim for disability is because they are unhappy with their disability status. In this case, a lawyer can make sure that the evidence is there to support a fair rating based upon a disabling condition caused by or aggravated by military service.

Another common reason for people to require a veterans disability lawyer is because they've been waiting too long for benefits. The lawyer can assist in determining what documents are missing and then submit a request to the VA for those records.

A lawyer for veterans' disability can also relieve you of the burden of dealing directly with the VA. This will let you focus on your health and other responsibilities that you may have. Some lawyers are veterans themselves, and this can give them a unique level of empathy with their clients and increase the stakes in their cases. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decision if they disagree. The Higher-Level Review is a decision review option that allows the 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 may confirm or reverse the previous rating decision.

A veteran or their agent may ask for an informal meeting to discuss the matter with the senior reviewer. However, only one of these conferences is allowed. At this conference it is essential to prepare and present your case's facts clearly. An attorney that specializes in Pryor Creek Veterans Disability Lawsuit disability can help you prepare and participate in the informal conference.

Higher-level reviews can be used to correct mistakes made by the earlier reviewer in the case of a disability claim that result in misinterpreting evidence or making errors in the law. Senior reviewers can correct these mistakes by changing a previous decision, but only when it is in the best interests of the claimant.

A personal hearing may be arranged for the claimant as a result of the higher-level review. This is a chance for the claimant to meet with the person reviewing their claim and present their arguments. A veteran disability attorney can help determine whether or not a personal hearing is needed, as well as prepare and present evidence for the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached an assessment, you may submit a notice of disagreement within one year from the date that the local office gives you the original denial notice. The VA will review your case again and prepare a 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 this form in a proper manner to appeal the decision. It is not necessary to list every reason why you are not with the decision; however it is best to be specific in order that the VA knows exactly what you believe to be incorrect. Your attorney can provide guidance about the type of evidence you can submit to support the NOD, including statements from medical professionals or the results of diagnostic tests.

If your appeal is not accepted at this point, you can request that it be reviewed by a senior reviewer through an Higher Level Review. This process could take as long as about 25 months and you must be in contact with your lawyer throughout the process. If the VA rejects your claim, your lawyer can request a hearing before a morro bay veterans disability lawyer Law judge to present testimony and other evidence in person. If your claim is accepted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a number of laws to ensure rayne veterans disability lawsuit receive compensation for injuries, illnesses and other ailments they've suffered during their service. The VA is a huge bureaucracy and it's not difficult to be lost. A veteran disability attorney can assist in navigating the process and provide vital assistance to applicants.

The VA must review the case following the time the veteran has filed an official Notice of Dispute with the local VA office. This involves examining the laws, regulations and the evidence used to make the initial decision. This includes reviewing the medical records of the veteran as well as at times, lay statements. The VA must send the claimant a Statement of Case that includes a list of all evidence that it has looked over.

This statement should be in plain English and should explain the reasoning behind the decision, as well as the interpretation of the laws and regulations which affect the case. It should address the issues raised by the claimant in his or her NOD.

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