How a
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The process of applying for veterans disability benefits may seem overwhelming. The right
veterans disability law firms disability attorney can guide you from start to finish.
It is essential to find an attorney that only is skilled in disability law and can handle these cases at all levels of appeal. This will ensure that you get the best legal representation.
Appeals
When the VA refuses to approve a claim or does not accept benefits, it permits the veteran, or his or spouse who is surviving to file an appeal. This is a complicated and lengthy procedure that can be complicated even for the simplest disability claims. A veterans disability attorney can help you understand your options and get the benefits you deserve.
The most common reason people declare a disability claim is that they are unhappy with their disability rating. In this situation, a lawyer can make sure that there is enough evidence to back the appropriate rating for a condition that is caused or aggravated by military service.
Another common reason for people to require a veteran disability lawyer is that they have been waiting too long to get their benefits. The lawyer can help determine the missing documents and submit a request the VA for the relevant records.
Having a veterans disability lawyer can relieve the burden of dealing with the VA away from your shoulders. This will let you concentrate 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 for their clients and give them a greater stake in their cases. This could make a significant 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 the senior reviewer to look at the same evidence presented in the original claim and then make an entirely new decision in the case. The senior reviewer can affirm or reverse the previous rating decision.
The person who is the veteran or their representative could arrange for a casual conference with the senior reviewer to discuss the case, however, only one such meeting is permitted. It is crucial to be prepared and provide the facts of your case in a clear way at this conference. A veterans disability attorney can help you prepare and participate in the informal conference.
The higher-level reviews are typically used to correct errors made by the previous reviewer of the disability claim. For example in the event that the previous reviewer misinterpreted evidence or made errors in the law. The senior reviewer is able to alter an earlier decision on the same claim to correct these mistakes but only if the changes are advantageous to the applicant.
A personal hearing could be scheduled for the claimant as a consequence of the higher-level review. This gives the applicant to meet with the person who is reviewing their case and explain the arguments. A lawyer who is a veteran can help you determine whether it is necessary to request a personal hearing, as well as with making and presenting the evidence at the hearing.
Notice of Disagreement
You can file a disagreement within one-year of the date the local office mailed you the initial denial letter. The VA will review the 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 to fill out the form in a way that is effective in contesting the decision. You don't have to include every reason why you are not with the decision. However it is better to be specific so that the VA understands what exactly you believe to be wrong. Your attorney can help you decide what evidence to include with the NOD. This could include statements from medical professionals, or results from diagnostic tests.
If your appeal is denied at this stage, then you can have it reviewed by a senior reviewer through an Higher Level Review. It could take as long as 25 months, and you must have your lawyer by with you every step of the way. If the VA continues to deny your claim, your lawyer may request that a hearing be held before a Veterans Law Judge to present evidence and testimony in person. If your claim is ultimately granted, your attorney will prepare you for the check.
Statement of the Case
Congress has passed a variety of laws to ensure veterans receive compensation for illnesses, injuries, and conditions they've endured during their time of service. However the VA is a massive bureaucracy that is easy to get lost in the system. A veteran disability lawyer can help applicants navigate the system and provide the needed assistance.
If a veteran files a Notice of Disagreement in his or local VA office, the VA must conduct an examination of the case. This includes looking into the regulations, laws, and evidence used in the initial decision. This includes looking over the medical record of the veteran as well as at times, lay statements. The VA must provide the claimant with a Statement of the Case which includes a listing of all the evidence it has studied.
The statement should be written in plain language and explain the reasoning behind the decision, including the interpretation of the law and regulations affecting the case. It should address the issues made by the plaintiff in the NOD.
The Veteran will receive the Statement of Case within 120 days of the date when the NOD was submitted. However due to the VA backlog the agency might take longer to issue this document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision about the amount of your rating or a claim for benefit.