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

The process of getting veterans disability benefits can be overwhelming. A qualified veterans disability lawyer will guide you from beginning to end.

It is essential to find an attorney that only practices disability law and handles these cases at all levels of appeal. This will ensure you receive the most effective representation.

Appeals

If the VA refuses to approve a claim or does not approve benefits, it gives 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 your options and ensure you receive the benefits you deserve.

One of the main reasons people are required to make a disability claim is because they are not content with the disability rating they have received. In this case, a lawyer can make sure that there is sufficient evidence to back the proper rating based on a condition that is caused or worsened by military service.

Another reason for people to require a veteran disability lawyer is because they have been waiting for too long to receive benefits. The lawyer can assist in determining what documents are missing and then make an inquiry for these records to the VA.

The help of a veterans disability attorney can also take the burden of dealing with the VA away from your shoulders. This allows you to focus on your health and any other obligations you have. Some attorneys are Bethel Park Veterans Disability Lawsuit and this gives them a unique form of compassion for their clients and increase the stakes in their cases. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

Veterans can appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that allows a senior reviewer to examine the same evidence as was presented in the original claim and then make a new decision on the case. The senior reviewer is able to confirm or reverse the previous rating decision.

A veteran or their representative could request an informal conference to discuss the case with the senior reviewer. However only one conference is allowed. In this meeting it is essential to prepare and present your case's details clearly. A veteran disability attorney can assist you in preparing and participate in the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of the disability claim. For example in the event that the previous reviewer misinterpreted the evidence or made mistakes in the law. Senior reviewers can correct these errors by reversing a previous decision however only if it is in the claimant's best interest.

The more extensive review can lead to a personal hearing for the claimant, which provides an opportunity to speak with the person who is reviewing the claim and to explain the arguments. A lawyer who is a veteran can assist with determining whether or not it's required to request a personal hearing, and with creating and presenting evidence at the hearing.

Notice of Disagreement

After the VA has examined your claim and reached a decision, you can submit a notice of disagreement within one year of the date on which the local office sends you its original denial letter. The VA will review your case again and create an official statement of the case.

You must use 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. It is not necessary to list all the reasons you do not 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 on the kind of evidence to include in the NOD such as statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this stage, then you can ask to have it reviewed by a senior judge through an Higher Level Review. This could take up to 25 months, and it is important to have your lawyer by all the procedure. If the VA still denies your claim, your lawyer can request that a hearing be held before a lancaster veterans disability attorney Law Judge to present evidence and testimony in person. If your claim is ultimately granted, your attorney will prepare you for your check.

Statement of the Case

Congress has written extensive laws to make sure that fairfield veterans disability lawsuit are compensated for ailments, injuries and illnesses suffered during service. However the VA is a huge bureaucracy and it is easy to be lost within the system. A veteran disability lawyer can help those seeking assistance navigate the system and offer the needed assistance.

When a veteran files a Notice of Disagreement to his or local VA office, the agency must conduct an examination of the case. This includes looking into the laws, regulations and evidence used to make the original decision. This includes looking over the medical records of the veteran as well as when necessary lay statements. The VA must provide the claimant with the Statement of Case which contains a list of evidence that it has examined.

This statement should be simple and clear, and also explain the reasoning of the decision, which should include the interpretation of the laws and regulations which affect the case. It should address all the assertions made by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was submitted. However due to the VA backlog, the agency may delay the release of the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision regarding an assessment or claim for benefit.