How a corcoran veterans disability law firm Disability Attorney Can Help You Get the Benefits You Deserve

The process of applying for veterans disability benefits may be overwhelming. A lawyer for veterans can help you navigate the process.

It's important that you find an attorney who only handles disability law and these cases at all levels of appeal. This ensures that you're receiving the best representation.

Appeals

When the VA rejects a claim or fails to allow benefits to be approved, it allows the veteran or his the spouse who died to appeal. This is a complex and lengthy process that can be complicated, even for the simplest disability claims. A veteran's disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

One common reason that people have to file a disability claim is because they are not happy with their disability status. In this case, a lawyer can make sure that the evidence is sufficient to support an appropriate rating based on a disabling condition caused or exacerbated by military service.

Another reason for people to seek out a veterans disability lawyer is that they have been waiting for too long to receive benefits. The lawyer can assist in determining what documents are missing and then submit a request to the VA to obtain those documents.

A veteran disability lawyer can also relieve you of the burden of dealing directly with the VA. This gives you the time to focus on your health, and any other responsibilities you may have. Some attorneys are veterans which can give them a unique type of empathy with their clients and give them a greater stake in their cases. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that permits the senior reviewer to review the same evidence presented in the original claim and make an entirely new decision in the case. The senior reviewer can choose to either confirm or reverse the previous rating.

A veteran or their representative may request an informal meeting to discuss the matter with the senior reviewer. However, only one of these conferences is permitted. For this meeting, it is important to prepare and present your case's information clearly. An attorney for veterans can help you prepare and participate in the informal conference.

The higher-level review is typically used to correct errors made by the previous reviewer of the disability claim. For instance, if the earlier reviewer misinterpreted evidence or made errors in the law. Senior reviewers can correct the errors by reversing a previous decision but only if it is in the best interests of the claimant.

A hearing at a personal level can be arranged for the applicant as a result of the higher-level review. This is a chance for the claimant to meet with the person reviewing their claim and present their arguments. A lawyer who is a veteran can assist with determining whether it's necessary to request a personal hearing, and with preparation and presenting evidence at the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued a decision, you can make a formal notice of disagreement within one year from the date on which the local office gives you the original denial notice. The VA will review the claim again and issue a Statement of the Case.

To file a disagreement, you should use VA Form 21-958. A disability attorney can assist you fill out this form in a manner that is effective in appealing the decision. It is not necessary to list every reason you don't agree with the VA's decision but it is advisable to be specific to help the VA to understand what you believe is wrong. Your attorney can help you on what evidence to submit to support the NOD, including statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage, then you can ask to have it reviewed by a senior judge through an Higher Level Review. This process could take as long as approximately 25 months. You should be with your lawyer throughout the process. If the VA refuses to accept your claim, your attorney may request an appeal before a dowagiac Veterans disability Attorney Law judge to present evidence and testimony in person. Your attorney will draft your check if your claim is awarded.

Statement of the Case

Congress has written extensive laws to ensure that veterans are paid for injuries, illnesses, and other conditions caused by their service. But the VA is a huge bureaucracy and it's easy to get lost in the system. A veteran disability attorney can help navigate the process and provide much-needed assistance to those who are seeking benefits.

Once a veteran has filed a Notice of Disagreement with his or her local VA office, the agency must conduct an examination of the case. This includes examining the laws, regulations and the evidence used to make the initial decision. It also includes examining the medical records of the veteran and in the event of a need, lay statements. The VA must send the claimant a Statement of Case, which contains a list of all the evidence it has reviewed.

This statement should describe clearly the reasoning behind its decision, including how it determined the law and regulations that impacted the case. It should address all the contentions the claimant raised in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was submitted. Due to the VA backlog, it could take longer for the agency to issue the document. If you are a veteran attempting to appeal the decision of a rating agency or a claim for benefits, contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.