How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of submitting an application for veterans disability benefits may seem overwhelming. A qualified
veterans disability lawyers disability lawyer can guide you from beginning to end.
It's essential to find an attorney who only handles disability law and these cases at all levels of appeal. This will ensure that you get the best legal representation.
Appeals
If the VA denies or does not approve a claim, the veteran or the surviving spouse may appeal. This is a lengthy and time-consuming process that can be complicated, even for the simplest disability claims. A
veterans disability lawyer can help you understand all of your options and obtain the benefits you deserve.
One of the main reasons people are required to submit an application for disability benefits is that they are unhappy with their disability ratings. In this case lawyers can make sure that there is enough evidence to justify the appropriate rating in light of a condition that was that is caused or worsened by military service.
A veterans disability lawyer may be needed by people who have had to wait too long for their benefits. The lawyer can assist in determining what documents are missing and then submit the request for these documents to the VA.
A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will allow you to focus on your health and any other obligations that you may have. Certain attorneys are veterans themselves and this can provide them a unique level of compassion for their clients. They also make them more invested in their cases. This could make a significant difference in the outcome of the appeal.
Higher-Level Reviews
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans with more options if they do not agree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows senior reviewers to review the same evidence that was presented in the original claim and make an additional decision regarding the case. The senior reviewer can either confirm or reverse the previous decision to rate.
A veteran or their representative can ask for an informal meeting to discuss the matter with the senior reviewer. However, only one conference is allowed. It is crucial to be prepared and be able to present your case in a clear manner at this meeting. A veteran disability attorney can assist you in preparing and participate in the informal conference.
Higher-level reviews are often used to correct mistakes by the previous reviewer in a disability case, such as not interpreting evidence correctly or making mistakes in the law. The senior reviewer can alter a prior decision on the same claim in order to correct these mistakes however only if those modifications are beneficial for the applicant.
The higher-level review can also lead to a personal hearing for the claimant which gives them the chance to speak with the person who will be reviewing the claim and present the arguments. A veterans disability lawyer can help you determine whether it is required to request a personal hearing, and with preparing and presenting the evidence during the hearing.
Notice of Disagreement
Once 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 gives you its original denial letter. The VA will review your case again and issue a Statement of Case.
To file a disagreement with the VA, you should fill out VA Form 21-958. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. You don't have to list all the reasons you don't agree with the VA's decision but it is advisable to be specific in order to assist the VA determine what you think is wrong. Your attorney can guide you about the type of evidence you can submit to support the NOD, including statements from medical professionals or the results of diagnostic tests.
If your appeal is denied at this point, you can have it reviewed by a senior reviewer through an Higher Level Review. This can take up to 25 months, and you should have your attorney by your side throughout the process. If the VA still denies your claim, your lawyer could request that a hearing be held before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is granted, your lawyer will prepare you for your check.
Statement of the Case
Congress has passed a variety of laws to ensure that veterans receive compensation for ailments, injuries and illnesses incurred during service. The VA is a huge bureaucracy and it's easy for people to become lost. A veteran disability lawyer can help navigate the process and offer much-needed assistance to those who are seeking benefits.
The VA must review the case after the veteran has filed an Notice of Dispute at the local VA office. This includes reviewing the regulations, laws, and evidence used in the initial decision. This includes looking over the medical record of the veteran as well as in the event of a need, lay statements. The VA must provide the applicant with the Statement of Case that includes a list of evidence that it has examined.
The declaration should be written in plain language and provide the reasoning of the decision, which should include the interpretation of the law and regulations affecting the case. It should address all contentions the claimant raised in the NOD.
The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was received. However due to the VA backlog, the agency may take longer to mail this document. If you are a veteran appealing an appeal of a rating decision or claim for benefits, contact a
veterans disability law firms disability lawyer from Fusco, Brandenstein & Rada, P.C.