How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of submitting an application for benefits for
veterans disability law firm disability can be overwhelming. A
veterans disability lawyer can help you navigate the process.
It's essential to locate a lawyer that limits their law practice to disability cases and exclusively handles those cases at each level of appeal. This will ensure that you get the best representation.
Appeals
If the VA decides to deny or not approve a claim, the spouse of the deceased or veteran can appeal. Even the most basic disability claim can complicate this complex and time-consuming procedure. An attorney for veterans can help you understand your options and get the benefits you deserve.
A common reason why people submit an application for disability benefits is that they are not happy with the disability rating they have received. In this case lawyers can make sure that there is sufficient evidence to support an appropriate rating for a condition that is that is caused or worsened by military service.
Another reason that people tend to require a veterans disability lawyer is because they've waited too long for benefits. The lawyer can assist in determining what documents are missing and then submit a request for these records to the VA.
A veterans disability attorney can also take the burden of dealing with the VA away from your shoulders. This allows you to focus on your health and other responsibilities that you may have. Some
lawyers are veterans themselves and this can provide them a unique form of empathy with their clients and make them more invested in their cases. This can make a major difference in the outcome of the appeal.
Higher-Level Reviews
Veterans have more options to appeal VA decisions if they do not agree. The Higher-Level Review is a decision review option that allows a senior reviewer to examine the same evidence that was presented in the original claim and make an entirely new decision in the case. The senior reviewer can confirm or reverse the previous rating decision.
A veteran or their representative may arrange for an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is allowed. At this meeting it is crucial to prepare and present your case's information in a clear manner. An attorney who specializes in the field of veterans disability can assist you prepare for and participate in the informal conference.
The higher-level review is usually 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. The senior reviewer can change a prior decision on the same claim to correct these kinds of errors however only if the modifications are beneficial to the applicant.
The more extensive review can result in a hearing for the applicant, which provides an opportunity to connect with the person who is reviewing the claim, and explain their arguments. A veterans disability attorney can help determine whether or not a personal hearing is required and also prepare and present the evidence for the hearing.
Notice of Disagreement
Once the VA has examined your claim and reached a decision, you are able to file a written notice of disagreement within one year from the date on which the local office mails you the original denial notice. The VA will then review your case once more and draft an official statement of the case.
In order to file a disagreement for a disagreement, you should file 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 need to list every reason you don't agree with the decision; however it is best to be specific so that the VA knows exactly what you believe is incorrect. Your attorney can assist you in deciding the evidence you should 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 have a second chance to review it by a senior reviewer in form of A Higher-Level Review. This process could take up to approximately 25 months. You should be in contact with your lawyer at all times. If the VA still denies your claim, your lawyer could request a hearing to be conducted before a Veterans Law Judge to present testimony and additional evidence in person. Your attorney will draft your check in the event that your claim is approved.
Statement of the Case
Congress has passed a variety of laws to make sure that veterans are compensated for injuries, illnesses, and other conditions caused by their service. But, the VA is a massive bureaucracy and it is easy to get lost in the system. A veteran disability lawyer can help you navigate the process and provide vital assistance to claimants.
When a veteran files a Notice of Disagreement to his or local VA office, the VA must conduct an investigation of the case. This includes reviewing the laws, regulations and the evidence used to make the initial decision. This includes looking over the veteran's medical record and at times lay statements. The VA must provide the applicant with the Statement of Case which includes a list with evidence that it has reviewed.
The declaration should be written in plain English and should explain the reasoning behind the decision, including the interpretation of the regulations and laws that affect 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 sent. Due to the VA backlog, it may take longer for the agency to issue the document. If you are a veteran who is appealing a rating decision or a claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.