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

The process of applying for benefits from veterans disability may seem overwhelming. A veteran disability lawyer can guide you through the process.

It's essential to find a lawyer who has a limit on their law practice to disability cases, and only handles these cases at all levels of appeal. This ensures you're receiving the best representation.

Appeal

If the VA denies or does not approve a claim, the veteran or the surviving spouse can appeal. This is a complex and lengthy process that could be complicated even for the most basic disability claims. A veteran disability lawyer can help you understand your options and obtain the benefits you deserve.

The most common reason why people declare a disability claim is that they are unhappy with their disability status. In this case, the lawyer can ensure that all the evidence is in place to support a fair rating based on a disability condition caused by or aggravated by military service.

A lawyer for chesapeake veterans disability law firm may be needed by people who have had to wait too long for their benefits. The lawyer can assist in determining what documents are missing and then submit an application for these records to the VA.

Having a veterans disability lawyer can alleviate the burden of dealing with the VA away from you. This gives you the time to focus on your health, and any other obligations you might have. Some lawyers are veterans themselves which can give them a unique form of empathy with their clients and make them more invested in their cases. This could make a significant difference in the result of the appeal.

Higher-Level Reviews

Prairie view veterans disability Lawyer have more options to appeal VA decisions if they do not agree. The Higher-Level Review is a decision review option that permits senior reviewers to examine the same evidence as was presented in the original claim, and then make an entirely new decision in the case. The senior reviewer is able to either confirm or reverse the previous rating.

The veteran or their representative may request a meeting with the senior reviewer to discuss the case, but only one conference is permitted. It is crucial to be prepared and present the facts of your case in a clear manner during this meeting. An attorney with expertise in steger veterans disability lawsuit disability can help you prepare for and participate in the informal conference.

Higher-level reviews can be utilized to correct errors made by the reviewer who was earlier in the case of a disability claim for example, failing to interpret evidence or making mistakes in the law. Senior reviewers can correct these mistakes by altering the decision made previously, but only when it is in the claimant's best interest.

A personal hearing can also be scheduled for the claimant as a result of the review at a higher level. This gives the claimant to meet the person who will be reviewing their claim and explain the arguments. A veterans disability lawyer can help decide whether or not a personal hearing is required and can also prepare and present the evidence during the hearing.

Notice of Disagreement

You can file a disagreement within one-year of the date the local office received the original denial letter. The VA will review the case again and create an Statement of Case.

To file a complaint with the VA, you should fill out VA Form 21-958. A disability attorney can assist you fill out this form in a manner that is effective in appealing the decision. You don't have to list every reason why you are not with the decision; however it is better to be specific so that the VA understands what exactly you believe is incorrect. Your attorney can help you determine what evidence to include with the NOD. This could include statements from medical professionals, or results from diagnostic tests.

If your appeal is rejected at this point, you can have it re-examined by a senior judge through an Higher Level Review. This could take anywhere from 25 months, and it is important to have an attorney on with you every step of the process. If the VA refuses to accept your claim, your attorney may request an appearance before a Veterans Law judge to present evidence and testimony in person. Your attorney will draft your check when your claim is accepted.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for illnesses, injuries and other ailments they've suffered during their service. However, the VA is a huge bureaucracy and it's easy to be lost within the system. A veteran disability lawyer can help those seeking assistance navigate the system and provide the needed assistance.

Once a veteran has filed a Notice of Disagreement with his or her local VA office, the VA must conduct an examination of the case. This involves examining the regulations, laws, and the evidence used to make the initial decision. Also, it involves looking over the medical records of the veterans and in the event of a need lay statements. The VA must send the claimant a Statement of Case which is a list of all evidence it has looked over.

The statement should be simple and clear, and also explain the reasoning behind the decision, as well as the interpretation of the law and regulations relevant to the case. It should address all assertions made by the claimant in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days from the date that the NOD was filed. Due to the VA backlog it may take the agency longer to issue the document. If you are a veteran seeking to appeal a decision on your rating or claim for benefits, contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.