How a
Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of submitting an application for benefits from veterans disability may seem overwhelming. A good
Veterans disability law firms disability attorney can assist you from beginning to end.
It is essential to locate an attorney who has experience in disability law and who handles these cases at all levels of appeal. This will ensure that you get the most effective representation.
Appeals
If the VA decides to deny or not approve a claim, the spouse or the veteran who is surviving can file an appeal. Even the most basic disability claims could complicate this complex and time-consuming procedure. An attorney for veterans can assist you in understanding your options and get the benefits you deserve.
A common reason why people are required to file an application for disability benefits is that they are not satisfied with their disability rating. In this situation lawyers can make sure that there's enough evidence to back an appropriate rating due to a condition that is caused or worsened by military service.
Another reason for people to require a veteran disability lawyer is because they've been waiting for too long to receive benefits. The lawyer can help determine the missing documents and submit a request to the VA to obtain those documents.
Having a veterans disability attorney can also help you deal with the VA away from you. This will give you the time to focus on your health, and any other obligations you have. Certain attorneys are veterans themselves and this gives 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
Veterans have more recourse options to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to look at the same evidence as in the original claim, and make a fresh decision. The senior reviewer has the choice to either affirm or reverse the previous rating.
A veteran or their representative can request an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is allowed. At this conference it is essential to prepare and present your case's facts in a clear manner. An attorney for veterans can help you prepare for and take part in the informal conference.
Higher-level reviews are usually used to correct mistakes by the previous reviewer on an appeal for disability which could include mistakenly interpreting evidence or committing errors in the law. Senior reviewers are able to correct these mistakes by changing the previous decision but only if it is in the claimant's best interest.
The more thorough review may result in a hearing for the applicant, which provides an opportunity to connect with the person reviewing the claim and present their arguments. A lawyer who is a veteran can help determine whether or not it is necessary to request a private hearing, and also with preparation and presenting evidence at the hearing.
Notice of Disagreement
After the VA has examined your claim and reached an assessment, you may make a formal notice of disagreement within one year of the date on which the local office gives you its original denial letter. 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 to fill out the form correctly to appeal the decision. You don't have to list every reason you do not agree with the VA's decision but it is important to be specific and help the VA understand what you think is wrong. Your attorney can guide you on the kind of evidence to include to support the NOD, such as statements from medical professionals or results of diagnostic tests.
If your appeal is not accepted at this point, you can request that it be reviewed by a senior judge through an Higher Level Review. This can take up to 25 months, and you must have your attorney by with you every step of the process. If the VA still denies your claim, your lawyer may request a hearing to be held before a Veterans Law Judge to present evidence and testimony in person. If your claim is accepted, your attorney will prepare you for your check.
Statement of the Case
Congress has passed numerous laws to ensure veterans receive compensation for illnesses, injuries and conditions they've endured during their time of service. The VA is a massive bureaucracy and it's easy for people to get lost. A veteran disability lawyer can assist applicants navigate the system and provide the assistance they need.
The VA must examine the case after the veteran has filed an Notice of Dispute at the local VA office. This involves examining the laws, regulations and evidence used to reach the initial decision. This includes looking over the medical record of the veteran as well as in the event of a need, lay statements. The VA must provide the claimant with an official statement of the case that includes a list of all the evidence it has looked over.
The declaration should be written in plain English and should explain the reasoning behind the decision, including the interpretation of the laws and regulations affecting the case. It should address any claims made by the claimant in his or her NOD.
The Statement of the Case is typically mailed to the veteran within 120 days from when the NOD was filed. However due to the VA backlog and backlog, the agency could delay the release of this document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision about a rating or a claim for benefits.