How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of obtaining veterans disability benefits can be a challenge. A qualified veterans disability lawyer can guide you from start to finish.
It's essential to choose a lawyer who restricts their practice to disabilities and only handles these cases at every level of appeal. This helps ensure you'll be getting the best representation.
Appeals
If the VA rejects a claim or fails to allow benefits to be approved, it allows the veteran or his her surviving spouse to file an appeal. This is a lengthy and lengthy process that could be complicated, even for the most straightforward disability claims. A
veterans disability lawsuit disability attorney can assist you in understanding your options and get the benefits you deserve.
The most common reason people make a claim for disability is that they are unhappy with their disability rating. In this instance, a lawyer can make sure that there is enough evidence to support an appropriate rating for a condition that is caused or aggravated by military service.
A veteran disability lawyer might be needed by people who have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing and then submit the request for these documents to the VA.
A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This allows you to focus on your health and any other responsibilities that you may have. Some lawyers are veterans and this may result in an unmatched empathy for their clients. This can make a huge difference in the outcome of the appeal.
Higher-Level Reviews
veterans disability lawsuits have more options to appeal VA decision if they disagree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to analyze the same evidence as in the original claim and make a new determination. The senior reviewer can either affirm or reverse the previous decision to rate.
A veteran or their representative could request an informal conference to discuss the matter with the senior reviewer. However, only one conference is allowed. It is important to be prepared and present the facts of your case in a concise manner at this time. An attorney that specializes in the field of veterans disability can assist you prepare and participate at the informal conference.
Higher-level reviews are typically utilized to correct errors made by the earlier reviewer in a disability claim, such as mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct these mistakes by reversing a previous decision however only when it is in the best interest of the claimant.
A personal hearing could be arranged for the claimant in the wake of the higher-level review. This is a chance for those seeking to be heard by the person who is reviewing their case and present their arguments. A lawyer who is a veteran can assist with determining whether or not it's necessary to request a personal hearing, and with making and presenting the evidence at the hearing.
Notice of Disagreement
You can file a disagreement within one year from the date the local office mailed you the original denial letter. The VA will review your claim again and issue a Statement of the Case.
You must make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist you fill out this form correctly so that it is effective in appealing the decision. You do not have to list all the reasons you don't agree with the VA's decision, but it is important to be specific and help the VA understand what you think is wrong. Your attorney can help you on the evidence you should submit with the NOD, including statements from medical professionals or the results of diagnostic tests.
If your appeal is rejected at this stage, then you can request that it be reviewed again by a senior reviewer through a Higher Level Review. The process can take between 25 and approximately 25 months. You should be with your attorney at every step. If the VA refuses to accept your claim, your lawyer may request that a hearing be conducted before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is awarded, your attorney will prepare you for the check.
Statement of the Case
Congress has passed numerous laws to make sure that veterans are compensated for
veterans ailments, injuries and illnesses suffered during service. But the VA is a huge bureaucracy that is easy to be lost within the system. A veteran disability attorney can help navigate the process and offer much-needed assistance to those seeking assistance.
Once a veteran files a Notice of Disagreement in his or her local VA office, the agency must conduct an investigation of the case. This includes looking into the laws, regulations and evidence used in the original decision. This includes reviewing the medical record of the veteran as well as when necessary, lay statements. The VA must send the claimant a Statement of Case that includes a list of all evidence it examined.
The statement should be written in plain English and should explain the reasoning behind the decision, as well as the interpretation of the law and regulations affecting the case. It should address all claims made by the plaintiff in his or her NOD.
The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was filed. However due to the VA backlog it could delay the release of this document. If you are a veteran who is appealing a decision on your rating or claim for benefits, get in touch with a
veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.