How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of getting veterans disability benefits can be overwhelming. A qualified veterans disability lawyer can assist you from start to finish.
It's essential to find an attorney who only is skilled in disability law and can handle these cases at all levels of appeal. This will ensure you receive the best representation.
Appeals
If the VA denies a claim or does not approve benefits, it allows the veteran or his spouse who survives to file an appeal. This is a complicated and time-consuming process that can be complicated, even for the most straightforward disability claims. An attorney for
veterans Disability law firms can help you understand your options and obtain the benefits you deserve.
The most common reason people need to make an application for disability benefits is that they are unhappy with their disability rating. In this case an attorney can make sure that there is enough evidence to back a rating that is appropriate due to a condition caused or made worse by military service.
A lawyer for veterans may be needed by people who have not received 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 relieve the burden of dealing with the VA away from your shoulders. This will allow you to concentrate on your health and other obligations that you may have. Some lawyers are veterans and this may result in a unique compassion for their clients. This could make a significant difference in the result 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 allows a senior reviewer to look at the same evidence that was presented in the original claim and make an additional decision regarding the case. The senior reviewer can either affirm or reverse the previous decision to rate.
A veteran or their representative can arrange for an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is permitted. At this conference, it is important to prepare and present your case's details in a clear manner. An attorney who is specialized in the field of disability for veterans can help you prepare and participate at the informal conference.
The higher-level reviews are typically used to correct errors made by the previous reviewer of the disability claim. For example an earlier reviewer misinterpreted evidence or made errors in the law. The senior reviewer can alter an earlier decision on the same claim in order to correct these mistakes, but only if those modifications are beneficial for the person filing the claim.
A personal hearing can also be scheduled for the claimant in the wake of the higher-level review. This provides the claimant to meet with the person who will be reviewing their claim and explain the arguments. A veterans disability attorney can help determine whether or not a personal hearing is needed and also prepare and present the evidence during the hearing.
Notice of Disagreement
After the VA has examined your claim and reached a decision, you are able to submit a notice of disagreement within one year from the date that the local office gives you the initial denial letter. The VA will examine your claim once more and prepare an official statement of the case.
You must use 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 do not have to list all the reasons you disagree 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 guide you on what evidence to submit with the NOD, for example, statements from medical professionals or the results of diagnostic tests.
If your appeal is not accepted at this stage, then you can request that it be reviewed by a senior reviewer through an Higher Level Review. This process could take as long as 25 months and you should be with your attorney throughout the process. If the VA is unable to resolve your claim, your lawyer could request a hearing to be conducted before a
veterans disability lawsuits Law Judge to present testimony and additional evidence in person. If your claim is ultimately granted, your lawyer will prepare you for your check.
Statement of the Case
Congress has written extensive laws to make sure that veterans are compensated for injuries, illnesses and other ailments caused by their service. The VA is a big bureaucracy and it's easy for people to get lost. A veteran disability lawyer can help you navigate the process and offer much-needed assistance for those seeking assistance.
The VA must review the case after the veteran has filed an official Notice of Dispute with the local VA office. This includes examining the laws, regulations, and the evidence used in the original decision. This includes reviewing the medical record of the veteran as well as at times, lay statements. The VA must send the claimant an official statement of the case, which contains a list of all evidence it reviewed.
This statement should explain in clear language the reasoning behind its decision, including how it decided to interpret the laws and regulations that affected the case. It should address any claims made 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 filed. However, due to the VA backlog, the agency may take longer to issue this document. If you're a veteran appealing the decision of a rating agency or a claim for benefits, please contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.