How a
Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of getting veterans disability benefits can be a challenge. The right attorney for veterans can assist you from beginning to end.
It's important that you find an attorney that only has experience in disability law and who handles these cases at all levels of appeal. This will ensure that you get the best representation.
Appeals
When the VA decides to deny or not consider a claim, the spouse of the deceased or veteran can appeal. This is a lengthy and time-consuming process that can be complicated even with the most basic disability claims. A veteran's disability attorney can help you understand your options and obtain the benefits you deserve.
The most common reason why people declare a disability claim is because they are unhappy with their disability rating. In this case a lawyer can be sure there is enough evidence to justify a rating that is appropriate due to a condition caused or aggravated by military service.
Another reason that people tend to require a
veterans disability lawyer is because they have been waiting too long to get their benefits. The lawyer can help determine what documents are missing and then submit a request for these records to the VA.
A veteran disability attorney can also help you deal with the VA away from your shoulders. This gives you the time to concentrate on your health, as well as any other obligations you have. Some attorneys are veterans and this can provide them a unique form of compassion for their clients and give them a greater stake in their cases. This can make a major difference in the outcome of the appeal.
Higher-Level Reviews
Veterans are able to appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review option that allows an experienced reviewer to examine the same evidence presented in the original claim and make a new determination. The senior reviewer is able to either affirm or reverse the previous rating.
The veteran or their representative can request an informal meeting with the senior reviewer to discuss the case, but only one of these conferences is permitted. It is crucial to be prepared and provide your case in a clear manner during this meeting. An attorney with expertise in the field of veterans disability can assist you prepare and participate in the informal conference.
Higher-level reviews are often utilized to correct errors made by the earlier reviewer in a disability claim, such as not interpreting evidence correctly or making mistakes in the law. The senior reviewer may alter the previous decision made on the same claim to correct these kinds of mistakes but only if the changes are advantageous to the person filing the claim.
The higher-level review could result in a personal hearing for the claimant which is an opportunity to connect with the person who is reviewing the claim and to explain their arguments. A veteran disability lawyer can help decide whether an individual hearing is necessary and prepare and present evidence for the hearing.
Notice of Disagreement
Once the VA has reviewed your claim and made a decision, you are able to make a formal notice of disagreement within one year from the date when the local office sends you the initial denial letter. The VA will review your case again and issue a Statement of the Case.
In order to file a disagreement with the VA, you should fill out VA Form 21-958. A disability attorney can help you complete the form in a way that is effective in appealing the decision. It is not necessary to list every reason you disagree with the VA's decision, however, it is recommended to be specific in order to assist the VA know what you believe is wrong. Your attorney can help you decide what evidence to include in the NOD. These could be statements from medical professionals, or results from diagnostic tests.
If your appeal is not accepted at this stage, then you can request that it be reviewed by a senior judge through an Higher Level Review. This can take up to 25 months, and it is important to have your attorney by your side throughout the procedure. If the VA is unable to resolve your claim, your lawyer may request a hearing to be conducted before a
veterans disability law firms Law Judge to present testimony and additional evidence in person. If your claim is granted, your lawyer will prepare you for the check.
Statement of the Case
Congress has enacted a number of laws to make sure that veterans are compensated for injuries, illnesses and other ailments that they suffer during their service. However the VA is a huge bureaucracy and it's easy to get lost in the system. A veteran disability lawyer can help claimants navigate the system and offer the needed assistance.
The VA must examine the case once the veteran has filed a Notice of Dispute with the local VA office. This includes reviewing the laws, regulations and 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 provide the applicant with an Statement of Case which includes a list of evidence it has analyzed.
The statement should outline in clear language the reasoning behind its decision, as well as how it interpreted the laws and regulations that affected the case. It should address any claims raised by the claimant in his or her 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 and backlog, the agency could delay the release of this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision regarding a rating or a claim for benefit.