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

The process of applying for veterans disability benefits may be overwhelming. The right veterans disability attorney can assist you from beginning to end.

It's important that you find an attorney who only is skilled in disability law and can handle these cases at all levels of appeal. This will ensure that you get the most effective representation.

Appeal

When the VA decides to deny or not approve a claim, the spouse of the deceased can appeal. Even the most basic disability claims can make this a complicated and lengthy procedure. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.

One of the main reasons people submit a disability claim is that they are unhappy with the disability rating they have received. In this case an attorney can make sure that there is sufficient evidence to back the appropriate rating for a condition that is caused or aggravated by military service.

A veterans disability lawyer could be needed by people who have waited too long to get their benefits. The lawyer can assist in determining what documents are missing and then submit the request for these documents to the VA.

A veterans disability attorney can also alleviate the burden of dealing with the VA away from your shoulders. This will allow you the time to focus on your health, as well as any other responsibilities you may have. Some attorneys are veterans themselves, and this can give them a unique empathy with their clients and make them more invested in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions if they disagree. The Higher-Level Review is a decision review option that permits the senior reviewer to review the same evidence presented in the original claim and then make an entirely new franklin veterans disability lawsuit decision in the case. The senior reviewer has the option to either confirm or reverse the previous rating.

The veteran or their representative may arrange for a casual conference with the senior reviewer to discuss the case, however, only one such conference is allowed. In this meeting it is crucial to prepare and present your case's facts in a concise manner. A veterans 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 a disability claim. For example, springmall.net if the earlier reviewer misinterpreted evidence, or made errors in the law. The senior reviewer may alter an earlier decision on the same claim in order to rectify these mistakes however only if those modifications are beneficial for the claimant.

A personal hearing can also be scheduled for the claimant as a consequence of the higher-level review. This gives the claimant to meet with the person who is reviewing their case and present their arguments. A veterans 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

After the VA has looked over your claim and come to an assessment, you may submit a notice of disagreement within one year from the date when the local office mails you the original denial notice. The VA will then review your case again and create a Statement of the Case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can help to fill out the form in a manner that is effective in appealing the decision. You don't have to list every reason you do not agree with the VA's decision, but it is advisable to be specific in order to help the VA know what you believe is wrong. Your attorney can advise you on what evidence to submit with the NOD, such as statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point, you have another chance to have it reviewed by an experienced reviewer in form of a Higher-Level Review. It could take as long as 25 months, and you should have your attorney by your side every step of the process. If the VA refuses to accept your claim, your attorney can request an appeal before a Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a number of laws to ensure veterans receive compensation for injuries, illnesses and ailments they've experienced during their service. However the VA is a massive bureaucracy, and it's easy to get lost in the system. A veteran disability attorney can help you navigate the process and provide much-needed assistance for claimants.

Once a veteran files a Notice of Disagreement to his or her local VA office, the VA must conduct an investigation of the case. This involves examining the regulations, laws and evidence used in making the initial decision. It also involves examining the medical records of the veteran as well as, if needed lay statements. The VA must provide the claimant with a Statement of Case that includes a list of all evidence it studied.

This statement should be in plain language and explain the reasoning behind the decision, including the interpretation of the laws and regulations which affect the case. It should address all the contentions the claimant raised in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was sent. However, springmall.net due to the VA backlog it could take longer to issue the document. If you are a veteran attempting to appeal a rating decision or a claim for benefits, please contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.