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

The process of obtaining veterans disability benefits can be overwhelming. A lawyer for veterans can guide you through the process.

It's essential to choose an attorney who is skilled in disability law and can handle these cases at all levels of appeal. This will ensure that you get the best representation.

Appeals

If the VA refuses or fails to accept a claim, the veteran or the surviving spouse may appeal. This is a complicated and lengthy process that could be complicated even with the most simple disability claims. An attorney for veterans can help you understand your options and ensure you receive the benefits you deserve.

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

Another reason for people to require a veteran disability lawyer is that they've been waiting for too long to receive benefits. The lawyer can assist in determining the missing documents and can then make a request to the VA for those records.

A veterans disability attorney can also help you deal with the VA away from your shoulders. This allows you to concentrate on your health and any other obligations that you may have. Some attorneys are veterans themselves and this gives them a unique compassion for their clients. They also make them more invested in their cases. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

chandler veterans disability law firm have more options to appeal VA decision if they disagree. The Higher-Level Review is a decision review option that allows a senior reviewer to look at the same evidence as was presented in the original claim, and then make an additional decision on the case. The senior reviewer has the option to either affirm or reverse the previous rating.

A veteran or their representative can request an informal conference to discuss the case with the senior reviewer. However only one of these conferences is allowed. For this meeting it is essential to prepare and present your case facts in a clear manner. An attorney that specializes in the field of disability for veterans can help you prepare for and participate in the informal conference.

Higher-level reviews can be used to correct mistakes made by the previous reviewer in a disability case that result in mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct these errors by reversing a previous decision, but only when it is in the best interest of the claimant.

A hearing at a personal level can be arranged for the claimant as a result of the review at a higher level. This provides those seeking to be heard by the person who is reviewing their case and present their arguments. A lawyer who is a veteran can help you determine whether or not it is required to request a personal hearing, as well as with making and presenting the evidence at the hearing.

Notice of Disagreement

You may file a dispute within one year from the date the local office sent you the original denial letter. The VA will review the claim once more and draft a Statement of the Case.

In order to file a disagreement to file a dispute, you must use VA Form 21-958. A disability lawyer can assist to fill out the form correctly to appeal the decision. You don't have to list every reason you disagree with the VA's decision, but it is best to be specific in order to assist the VA determine what you think is wrong. Your attorney can advise you on what evidence to submit with the NOD, including statements from medical professionals or the results of diagnostic tests.

If your appeal is not granted at this point If you are denied, you can try again to have it reviewed by a senior reviewer in form of a Higher-Level review. This could take anywhere from 25 months, and you should have an attorney on your side every step of the procedure. If the VA denies your claim, your attorney can request an appointment with a lancaster veterans disability attorney 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 numerous laws to ensure that veterans are paid for their injuries, illnesses, and other conditions incurred during service. However the VA is a huge bureaucracy that is easy to get lost in the maze of regulations. A veteran disability lawyer can help applicants navigate the system and provide much needed assistance.

The VA must review the case after the veteran has filed an Notice of Dispute at the local VA office. This includes looking into the laws, regulations and evidence used in the original decision. This also includes looking at the medical records of the veteran and when necessary lay statements. The VA must provide the claimant with an official statement of the case which is a list of all evidence that it has looked over.

This statement should be simple and clear, and also explain the reasoning behind the decision, as well as the interpretation of the regulations and laws which affect the case. It should address all arguments made by the claimant in the NOD.

The Statement of the Case is usually sent to the veteran within 120 days of the date on which the NOD was filed. Due to the VA backlog, it might take longer for the agency to issue the statement. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision regarding an assessment or claim for benefits.