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

The process of getting greenville veterans disability lawsuit disability benefits can be a challenge. A lawyer who is a veterans disability attorney can guide you through the procedure.

It's important to find a lawyer who limits their practice to disabilities and only handles these cases at every stage of appeal. This ensures you're getting the best representation.

Appeals

When the VA denies or does not accept a claim, the veteran or the surviving spouse can appeal. Even the most basic disability claims could be a challenge for this lengthy and complicated procedure. A veterans disability lawyer can help you understand all of your options and get the benefits you deserve.

The most common reason for people to declare a disability claim is that they are unhappy with their disability status. In this instance, the lawyer can make sure that all the evidence is in place to support a valid rating based upon a disabling condition caused by or aggravated by military service.

Another reason that people tend to require a veteran disability lawyer is because they've waited too long to receive their benefits. The lawyer can assist in determining the missing documents and submit a request to the VA to obtain those documents.

A veterans disability attorney can also help you deal with the VA away from your shoulders. This will give you the time to focus on your health and any other responsibilities you may have. Some lawyers are veterans themselves and this can provide them a unique form of empathy with their clients and give them a greater stake in their cases. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

brookhaven veterans Disability lawyer have more recourse options to appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer examine the same evidence presented in the original claim and make a new determination. The senior reviewer can either confirm or reverse the previous rating decision.

The person who is the veteran or their representative could request an informal meeting with the senior reviewer to discuss the case, but only one of these conferences is allowed. At this meeting, it is important to prepare and present your case's information in a clear manner. A veterans disability attorney can assist you in preparing and participate in the informal conference.

Higher-level reviews can be utilized to correct errors made by the previous reviewer on an appeal for disability which could include failing to interpret evidence or making mistakes in the law. The senior reviewer may alter an earlier decision regarding the same claim in order to correct these mistakes however only if the changes are advantageous to the person filing the claim.

The higher-level review could result in a hearing for the claimant, which provides an opportunity to meet with those who are reviewing the claim and explain their arguments. A lawyer who is a veteran can help determine whether or not it is required to request a personal hearing, as well as making and presenting the evidence during the hearing.

Notice of Disagreement

You can file a disagreement within one year from the date the local office sent you the initial denial letter. The VA will review the case again and prepare a Statement of the Case.

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 don't agree with the VA's decision but it is advisable to be specific to help the VA know what you believe is wrong. Your attorney can help you on the kind of evidence to include to support the NOD, including statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point, you can have it re-examined by a senior reviewer through an Higher Level Review. This process could take up to approximately 25 months. You should be with your attorney at every step. If the VA refuses to accept your claim, your lawyer may request an appeal before a Veterans Law judge to present testimony and other evidence in person. Your lawyer will prepare your check should your claim be approved.

Statement of the Case

Congress has passed numerous laws to make sure that veterans are compensated for their injuries, illnesses, and other conditions suffered during service. The VA is a large bureaucracy and it's easy to be lost. A veteran disability lawyer can assist applicants navigate the system and provide the much-needed assistance.

Once a veteran has filed a Notice of Disagreement to his or her local VA office, the agency must conduct a review of the case. This includes examining the regulations, laws and the evidence used to make the original decision. This also includes looking at the medical records of the veteran as well as, if needed, lay statements. The VA must provide the applicant with the Statement of Case which includes a list of evidence it has analyzed.

This statement should explain clearly the reasoning behind its decision, and how it interprets the laws and regulations that affected the case. It should address all the assertions made by the claimant in the NOD.

The Statement of the Case is typically mailed to the veteran within 120 days of the date that the NOD was filed. However, due to the VA backlog it could take longer to issue this document. If you're a veteran appealing an appeal of a rating decision or claim for benefits, contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.