How a
Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of submitting an application for veterans disability benefits may be overwhelming. A qualified veterans disability lawyer can help you navigate it from beginning to end.
It's essential to locate an attorney who has experience in disability law and who handles these cases at all levels of appeal. This will ensure you receive the best representation.
Appeal
When the VA denies a claim, or does not allow benefits to be approved, it allows the veteran or or her surviving spouse to file an appeal. This is a complicated and lengthy procedure that can be complicated, even for the most straightforward disability claims. A veteran disability lawyer can assist you in understanding your options and obtain the benefits you deserve.
The most common reason for people to declare a disability claim is because they are unhappy with their disability status. In this case an attorney can make sure there is enough evidence to back the appropriate rating in light of a condition that was caused or aggravated by military service.
A
veterans disability lawyer may be needed by those who have not received their benefits. The lawyer can help determine the missing documents, and then submit a request for these records to the VA.
A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This gives you the time to focus on your health, and any other obligations you might have. Some lawyers are veterans, which can give them an exceptional compassion for their clients. This can make a major difference in the result of the appeal.
Higher-Level Reviews
Veterans can appeal VA decisions if they do not agree. The Higher-Level Review is a decision review option that allows a senior reviewer to review the same evidence presented in the original claim and then make an additional decision regarding the case. The senior reviewer can choose to either confirm or reverse the previous rating.
A veteran or their representative could ask for an informal meeting to discuss the case with the senior reviewer. However, only one of these conferences is permitted. For this meeting, it is important to prepare and present your case's information in a clear manner. An attorney that specializes in veterans disability can help you prepare for and participate in the informal conference.
The higher-level review is usually used to correct mistakes made by the previous reviewer of the disability claim. For instance an earlier reviewer misinterpreted evidence or made mistakes in the law. The senior reviewer is able to alter a prior decision on the same claim to correct these errors but only if the modifications are beneficial to the applicant.
A personal hearing could be scheduled for the claimant in the wake of the higher-level review. This gives the applicant to meet with the person reviewing their claim and to present their case. A veterans disability lawyer can assist with determining whether or not it is required to request a personal hearing, as well as making and presenting the evidence during the hearing.
Notice of Disagreement
You can file a dispute within one year from the date the local office issued the original denial letter. The VA will review your case once more and draft a Statement of Case.
If you want to file a dispute to file a dispute, you must use VA Form 21-958. A disability lawyer can help to fill out the form correctly so that it is effective in appealing the decision. It is not necessary to list all the reasons you disagree with the VA's decision, but it is best to be specific and help the VA know what you believe is wrong. Your attorney can provide guidance on what evidence to submit to support the NOD, including statements from medical professionals or the results of diagnostic tests.
If your appeal is not accepted at this stage, then you can ask to have it reviewed again by a senior reviewer through a Higher Level Review. The process can take between 25 and about 25 months and you must be with your attorney at every step. If the VA is unable to resolve your claim, your lawyer could request that a hearing be held before an
veterans disability lawsuit Law Judge to present evidence and testimony in person. Your lawyer will prepare your check in the event that your claim is approved.
Statement of the Case
Congress has passed a variety of laws to ensure that veterans receive compensation for injuries, illnesses and ailments they've experienced during their service. However, the VA is a massive bureaucracy that is easy to get lost in the system. A veteran disability attorney can help you navigate the process and provide vital assistance to those who are seeking benefits.
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 evidence used to make the initial decision. This includes looking over the medical records of the veteran and, if necessary, lay statements. The VA must send the claimant a Statement of the Case which includes a listing of all evidence it has examined.
The declaration should be written in plain language and explain the reasoning for the decision, including the interpretation of the law and regulations relevant to the case. It should address the claims that the claimant has made in his or her NOD.
The Statement of the Case is typically sent to the veteran within 120 days from when the NOD was filed. However due to the VA backlog it could delay the release of the document. If you are a veteran appealing the decision of a rating agency or a claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.