How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of getting veterans disability benefits can be a challenge. A qualified veterans disability lawyer can guide you from beginning to end.
It's important to find a lawyer who limits their practice to disability cases and exclusively handles those cases at every level of appeal. This will ensure that you get the most effective representation.
Appeals
When the VA refuses or fails to accept a claim, the spouse of the deceased can appeal. It is a difficult and lengthy process that could be complicated even with the most straightforward disability claims. A veteran's disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.
The most common reason why people file a claim for disability is that they are unhappy with their disability rating. In this situation a lawyer can be sure that there is enough evidence to justify a rating that is appropriate for a condition that is that is caused or worsened by military service.
A veterans disability lawyer may be needed by those who have had to wait too long for their benefits. The lawyer can help determine what documents are not available, and then submit an application for these records to the VA.
A
veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This will allow you to concentrate on your health and other obligations that you may have. Certain attorneys are veterans and this can result in an exceptional empathy for their clients. 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) allows veterans to have more options if they do not agree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows a senior reviewer to examine the same evidence as was presented in the original claim, and then make a new decision on the case. The senior reviewer can either confirm or reverse the previous rating decision.
The veteran or their representative may arrange for a casual conference with the senior reviewer to discuss the case, but only one such conference is allowed. At this meeting, it is important to prepare and present your case's facts in a clear manner. An attorney who specializes in veterans disability can help you prepare and participate in the informal conference.
Higher-level reviews are often used to correct errors made by the earlier reviewer in the case of a disability claim for example, not interpreting evidence correctly or making mistakes in the law. The senior reviewer is able to alter a prior decision on the same claim to fix these types of errors, but only if those modifications are beneficial to the person filing the claim.
The more thorough review may result in a private hearing for the claimant which is an opportunity to speak with the person who is reviewing the claim, and explain the arguments. A veterans disability lawyer can assist with determining whether or not it's required to request a personal hearing, as well as with making and presenting the evidence at the hearing.
Notice of Disagreement
After the VA has looked over your claim and come to a decision, you are able to file a notice of disagreement within one year of the date when the local office mails you the original denial notice. The VA will then review your claim once more and draft a Statement of the Case.
To file a disagreement to file a dispute, you must use VA Form 21-958. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. You do not have to list every reason you disagree with the VA's decision but it is important to be specific to help the VA to understand what you believe is wrong. Your attorney can advise you on the evidence you should submit in the NOD including statements from medical professionals or the results of diagnostic tests.
If your appeal is not granted at this point There is a second chance to get it reviewed by a senior reviewer in the form of A Higher-Level Review. This process could take up to 25 months and you should be in contact with your attorney at every step. If the VA rejects your claim, your lawyer can request an appointment with a Veterans Law judge to present evidence and testimony in person. If your claim is ultimately granted, your lawyer will prepare you for your check.
Statement of the Case
Congress has passed a variety of laws to ensure that
veterans disability law firms receive compensation for illnesses, injuries, and ailments they've experienced during their service. But the VA is a massive bureaucracy and it is easy to get lost in the system. A veteran disability attorney can help you navigate the process and offer much-needed assistance to those who are seeking benefits.
When a veteran files a Notice of Disagreement to his or her local VA office, the VA must conduct an investigation into the case. This includes examining the regulations, laws, and the evidence used to make the original decision. It also includes examining the veteran's medical records and when necessary, lay statements. The VA must provide the claimant with a Statement of Case which includes a listing of all evidence it has looked over.
The declaration should be written in plain language and explain the reasoning of the decision, which should include the interpretation of the laws and regulations relevant to the case. It should address all claims made by the plaintiff in his or her NOD.
The Statement of the Case is typically mailed to the veteran within 120 days of the date the NOD was filed. Due to the VA backlog, it may take longer for the agency to issue the document. If you are a veteran appealing the decision of a rating agency or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.