How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of submitting an application for veterans disability benefits can appear overwhelming. A veteran disability lawyer can help you navigate the process.
It's important that you choose an attorney who is skilled in disability law and can handle these cases at all levels of appeal. This ensures that you're receiving the best representation.
Appeals
When the VA decides to deny or not approve a claim, the spouse of the deceased or veteran may appeal. It is a difficult and lengthy process that could be complicated even by the most simple disability claims. A veterans disability lawyer can assist you in understanding all your options and get the benefits you deserve.
One common reason that people file an application for disability benefits is that they are not satisfied with their disability rating. In this situation a lawyer can be sure that there is sufficient evidence to back the proper rating for a condition that is that is caused or worsened by military service.
Another reason for people to require a veteran disability lawyer is that they've waited too long to receive their benefits. The lawyer can help determine the missing documents, and then make the request for these documents to the VA.
The help of a veterans disability lawyer can help you deal with the VA away from your shoulders. This will allow you to focus on your health and other obligations you might have. Some
attorneys are veterans themselves which can give them a unique compassion for their clients and create a deeper investment in their cases. This can make a big difference in the outcome of the appeal.
Higher-Level Reviews
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA),
veterans disability lawyers have more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to look at the same evidence presented in the original claim and make a fresh decision. The senior reviewer can confirm or reverse the previous rating decision.
A veteran or their representative can ask for an informal meeting to discuss the matter with the senior reviewer. However, only one of these conferences is allowed. It is important to be prepared and provide your case in a concise manner at this meeting. An attorney that specializes in veterans ' disability can help to prepare and take part 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 committed errors in the law. Senior reviewers can correct the errors by altering the decision made previously, but only when it is beneficial to the claimant's interests.
A personal hearing could be scheduled for the claimant as a result of the review at a higher-level. This gives the claimant to meet the person who will be reviewing their claim and present their arguments. A lawyer for veterans can assist in determining whether or not it is necessary to request a private hearing, and with making and presenting the evidence at the hearing.
Notice of Disagreement
You may file a complaint within one year of the date the local office mailed you the initial denial letter. The VA will review your case again and prepare a Statement of Case.
If you want to file a dispute, you should use VA Form 21-958. A disability lawyer can help to fill out the form correctly to ensure it is effective in appealing the decision. You do not have 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 determine the evidence you should include in the NOD. This could be statements from medical professionals, or results of diagnostic tests.
If your appeal is not accepted at this stage, then you can have it reviewed again by a senior reviewer through an Higher Level Review. This process could take up to approximately 25 months. You should be with your attorney at every step. If the VA rejects your claim, your lawyer may request an appointment with an Veterans Law judge to present testimony and other evidence in person. Your lawyer will prepare your check should your claim be approved.
Statement of the Case
Congress has passed a variety of laws to ensure that veterans are compensated for injuries, illnesses, and other conditions caused by their service. However the VA is a massive bureaucracy and it is easy to get lost in the system. A veteran disability lawyer can assist claimants navigate the system and provide the much-needed assistance.
If a veteran files a Notice of Disagreement with his or local VA office, the agency must conduct an examination of the case. This includes reviewing the laws, regulations, and the evidence used to make the original decision. Also, it involves looking over the medical records of the veteran as well as in the event of a need, lay statements. The VA must provide the claimant with a Statement of the Case which is a list of all evidence it has studied.
The statement should state clearly the reasoning behind its decision, as well as how it decided to interpret the laws and regulations that impacted the case. It should address all assertions made by the claimant in the NOD.
The Statement of the Case is typically mailed to the veteran within 120 days of the date the NOD was filed. However due to the VA backlog and backlog, the agency could take longer to mail the document. Contact a
veterans disability lawsuits disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision about an assessment or claim for benefit.