How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of obtaining veterans disability benefits can be a challenge. The right veterans disability attorney can guide you from beginning to end.
It's essential to find an attorney who only is skilled in disability law and can handle cases of this nature at all levels of appeal. This ensures you're receiving the best legal representation.
Appeals
If the VA denies a claim, or does not allow benefits to be approved, it allows the veteran or his the spouse who died to file an appeal. This is a complex and time-consuming process that can be complicated even for the most basic disability claims. A Veterans Disability Attorney (
Web011.Dmonster.Kr) can help you understand your options and obtain the benefits you deserve.
A common reason for people to submit a claim for disability is because they are unhappy with their disability rating. In this instance, the lawyer can ensure that all the evidence is in place to support a valid rating based on a debilitating condition that was caused or worsened by military service.
Another reason for people to need a veterans disability lawyer is that they've been waiting too long to get their benefits. The lawyer can assist in determining the missing documents and can then make 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 will allow you the time to concentrate on your health and any other obligations you might have. Some lawyers are veterans themselves which can give them a unique form of compassion for their clients. They also give them a greater stake in their cases. This can make a huge difference in the outcome of the appeal.
Higher-Level Reviews
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), veterans have more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to look at the same evidence as in the original claim, and then make a new decision. The senior reviewer has the option to either confirm or reverse the previous rating.
The individual or the representative of the veteran can request an informal meeting with the senior reviewer to discuss the case, but only one such meeting is allowed. It is important to be prepared and explain your case in a clear way at this conference. A veterans disability attorney can help you prepare for and participate in the informal conference.
Higher-level reviews are typically used to correct mistakes made by the earlier reviewer in a disability claim that result in not interpreting evidence correctly or making mistakes in the law. The senior reviewer can alter an earlier decision on the same claim to rectify these errors but only if the changes are advantageous to the person filing the claim.
A personal hearing can also be arranged for the claimant as a consequence of the higher-level review. This provides those seeking to be heard by the person reviewing their claim and to present their case. A veterans disability lawyer can help decide whether a personal hearing is needed, as well as prepare and present evidence for the hearing.
Notice of Disagreement
Once the VA has assessed your claim and issued a decision, you are able to make a formal notice of disagreement within one year from the date that the local office mails you its original denial letter. The VA will then review your claim again and issue a Statement of Case.
You must make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist you complete the form correctly so that it is effective in appealing the decision. You don't have to include every reason you don't agree with the decision; however it is best to be specific in order that the VA is aware of what you believe to be incorrect. Your attorney can assist you in deciding what evidence to include in the NOD. This could be statements from medical professionals, or results of diagnostic tests.
If your appeal is denied at this point, you can have it reviewed by a senior judge through a Higher Level Review. This could take anywhere from 25 months, and you must have your attorney by your side every step of the procedure. If the VA continues to deny your claim, your lawyer can request a hearing to be conducted before a Veterans Law Judge to present evidence and testimony in person. Your lawyer will prepare your check in the event that your claim is approved.
Statement of the Case
Congress has written extensive laws to make sure that veterans are compensated for injuries, illnesses, and other conditions caused by their service. The VA is a big bureaucracy and it's easy for people to get lost. A veteran disability lawyer can assist those seeking assistance navigate the system and offer the assistance they need.
The VA must review the case following the time a veteran has filed an Notice of Dispute at the local VA office. This includes looking into the regulations,
Veterans Disability attorney laws, and the evidence used to make the initial decision. This includes reviewing the medical record of the veteran as well as in the event of a need, lay statements. The VA must send the claimant an official statement of the case which includes a listing of all evidence it looked over.
This statement should explain in a clear manner the reasoning behind its decision, including how it determined the law and regulations that impacted the case. It should address the claims raised by the claimant in his or her NOD.
The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was submitted. Due to the VA backlog it may take longer for the agency to issue the document. Contact a
veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision about the basis of a rating or a claim for benefits.