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

The process of applying for benefits from harrison veterans disability law firm disability may appear overwhelming. A qualified veterans disability lawyer can help you navigate it from start to finish.

It is essential to find a lawyer who limits their practice to disability cases, and only handles these cases at each level of appeal. This will ensure that you get the most effective representation.

Appeal

When the VA rejects or doesn't approve a claim, the spouse of the deceased can appeal. It is a difficult and time-consuming process that can be complicated, even for the most simple disability claims. An attorney for veterans can assist you in understanding your options and ensure you receive the benefits you deserve.

A common reason why people make a claim for disability is that they are unhappy with their disability rating. In this situation an attorney can make sure that there is sufficient evidence to justify an appropriate rating due to a condition that is caused or worsened by military service.

A veterans disability lawyer may be required by those who have had to wait too long for their benefits. The lawyer can assist in determining the missing documents and submit a request the VA for the relevant records.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will allow you the time to concentrate on your health, as well as any other responsibilities you may have. Some attorneys are veterans, which can give them an unmatched compassion for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decision if they disagree. The Higher-Level Review is a decision review option that allows senior reviewers to look at the same evidence presented in the original claim and then make a new decision on the case. The senior reviewer has the option to either affirm or reverse the previous rating.

The person who is the veteran or their representative could ask for an informal conference with the senior reviewer to discuss the case, but only one of these conferences is permitted. In this meeting it is crucial to prepare and present your case's information in a clear manner. An attorney who is specialized in veterans disability can help you prepare for and participate in the informal conference.

The higher-level reviews are typically used to correct errors made by the previous reviewer of an appeal for disability. For example an earlier reviewer misinterpreted evidence or made errors in the law. The senior reviewer can change an earlier decision on the same claim in order to correct these kinds of mistakes, but only if those changes are beneficial to the person filing the claim.

The more thorough review may result in a hearing for the claimant, which is an opportunity to connect with the person who will be reviewing the claim and explain their arguments. A veterans disability lawyer can help you determine whether it is necessary to request a personal hearing, and with creating and presenting evidence at the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued a decision, you are able to file a written notice of disagreement within one year from the date when the local office mails you the original denial letter. The VA will review your case again and issue a Statement of Case.

If you want to file a dispute, you should use VA Form 21-958. A disability attorney can help complete this form in a way that is effective in appealing the decision. You don't need to list every reason that you disagree with the decision. However it is best to be specific in order that the VA can understand exactly what you believe to be incorrect. Your attorney can guide you about the type of evidence you can submit in the NOD for example, statements from medical professionals or the results of diagnostic tests.

If your appeal is not granted at this point, you have another chance to get it reviewed by an experienced reviewer in form of a Higher-Level review. This can take up to 25 months, and you should have your attorney at your side throughout the process. If the VA rejects your claim, your attorney may request a hearing before a Veterans Law judge to present testimony and other evidence in person. If your claim is granted, your lawyer will prepare you for your check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for their ailments, injuries and illnesses that they suffer during their service. The VA is a big bureaucracy and it's not difficult to become lost. A veteran disability lawyer can help people navigate the system and offer the needed assistance.

The VA must review the case after the veteran has filed a Notice of Dispute with the local VA office. This involves examining the laws, regulations and the evidence used in the initial decision. This includes reviewing the medical records of the veteran as well as when necessary, lay statements. The VA must send the claimant a Statement of Case, which contains a list of all evidence it reviewed.

This statement should explain clearly the reasoning behind the decision, and how it determined the law and regulations that impacted the case. It should address all the claims made by the plaintiff in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days of the date the NOD was filed. However, veterans disability lawyer due to the VA backlog the agency might delay the release of the document. If you are a veteran appealing a rating decision or a claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.