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

The process of applying for veterans disability benefits can seem overwhelming. The right Wake Forest Veterans Disability Lawyer [Vimeo.Com] disability attorney will guide you from beginning to end.

It's essential to choose an attorney who practices disability law and handles cases of this nature at all levels of appeal. This will ensure that you get the most effective representation.

Appeal

If the VA denies a claim or fails to approve benefits, it allows the veteran or or her surviving spouse to appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veteran disability lawyer can assist you in understanding all of your options and obtain the benefits you deserve.

One common reason that people submit a disability claim is because they are not happy with their disability ratings. In this situation, the lawyer can make sure that the evidence is sufficient to support a fair rating based on a disability condition caused by or aggravated by military service.

A lawyer for veterans may be needed by those who have not received their benefits. The lawyer can help determine the missing documents and submit a request to the VA for those records.

The help of a veterans disability attorney can also relieve the burden of dealing with the VA away from your shoulders. This gives you the time to focus on your health, as well as any other obligations you might have. Some attorneys are bremerton veterans disability lawsuit themselves, and this can give them a unique compassion for their clients. They also create a deeper investment in their cases. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review option that allows an experienced reviewer to analyze the same evidence as in the original claim, and then make a new decision. 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 matter with the senior reviewer. However, only one of these conferences is allowed. For this meeting it is essential to prepare and present your case's information in a clear way. An attorney who is specialized in the field of veterans disability can assist you prepare and participate at the informal conference.

Higher-level reviews can be used to correct mistakes by the earlier reviewer in a disability claim that result in failing to interpret evidence or making mistakes in the law. The senior reviewer can change the previous decision made on the same claim in order to correct these kinds of mistakes however only if those modifications are beneficial to the applicant.

The higher-level review could lead to a personal hearing for the applicant, which is an opportunity to speak with the person who is reviewing the claim and to explain the arguments. A lawyer for veterans can assist in determining whether or not it's necessary to request a personal hearing, as well as creating and presenting evidence at the hearing.

Notice of Disagreement

After the VA has assessed your claim and issued a decision, you can file a written notice of disagreement within one year of the date when the local office mails you the original denial letter. The VA will review your case again and issue 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 correctly to ensure it is effective in appealing the decision. It is not necessary to list every reason you do not agree with the VA's decision, however, it is recommended to be specific in order to assist the VA understand what you think is wrong. Your attorney can help you determine what evidence to include in the NOD. These could be statements from medical professionals or results of diagnostic tests.

If your appeal is not accepted at this stage, then you can have it re-examined by a senior judge through an Higher Level Review. The process can take between 25 and approximately 25 months. You should be with your lawyer at all times. If the VA still denies your claim, your lawyer can request that a hearing be held before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately granted, your lawyer will prepare you for the check.

Statement of the Case

Congress has passed many laws to ensure veterans receive compensation for injuries, illnesses and other ailments they've suffered during their time of service. But the VA is a huge bureaucracy, and it's easy to become lost in the system. A veteran disability lawyer can help applicants navigate the system and provide much needed assistance.

The VA must examine the case after a veteran has filed an official Notice of Dispute with the local VA office. This includes examining the laws, regulations and the evidence used to make the initial decision. This includes reviewing the veteran's medical record and, if necessary lay statements. The VA must provide the claimant with a Statement of the Case that includes a list of all evidence it studied.

The statement should be written in plain language and provide the reasoning for the decision, including the interpretation of the regulations and laws that affect the case. It should address any claims raised by the claimant in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from when the NOD was filed. However, due to the VA backlog, the agency may take longer to issue this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about an assessment or claim for benefit.