How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of applying for benefits from veterans disability may appear overwhelming. The right veterans disability attorney can help you navigate it from start to finish.
It's essential to find an attorney that only is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure that you're receiving the best representation.
Appeal
When the VA decides to deny or not approve a claim, the spouse of the deceased may appeal. It is a difficult and time-consuming process that can be complicated, even for the most basic disability claims. A veterans disability attorney can help you understand your options and get the benefits you deserve.
One common reason that people need to declare an claim for disability is because they are not happy with their disability ratings. In this situation, the lawyer can make sure that the evidence is in place to support a valid rating based upon a disabling condition caused or exacerbated by military service.
Another reason that people tend to need a
veterans disability lawyer is that they've been waiting for too long to receive benefits. The lawyer can help determine what documents are missing, and then make the request for these documents to the VA.
A lawyer for
veterans disability attorneys can also take away the burden of dealing directly with the VA. This allows you to concentrate on your health and any other obligations you have. Certain attorneys are veterans themselves and this can provide them a unique type of empathy for their clients and make them more invested in their cases. This can make a huge difference in the outcome of the appeal.
Higher-Level Reviews
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans with more options if they do not agree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer examine the same evidence provided in the original claim, and then make a new decision. The senior reviewer is able to either affirm or reverse the previous rating.
A veteran or their representative can arrange for an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is allowed. At this conference it is crucial to prepare and present your case's facts in a concise manner. A
veterans disability attorney can assist you in preparing for and participate in the informal conference.
Higher-level reviews are often utilized to correct errors made by the previous reviewer in a disability case which could include mistakenly interpreting evidence or committing errors in the law. The senior reviewer can change the previous decision made on the same claim to correct these mistakes however only if those changes are advantageous to the claimant.
The higher-level review could result in a hearing for the claimant which provides an opportunity to connect with the person who will be reviewing the claim and to explain their arguments. A lawyer who is a veteran can help determine whether or not it is necessary to request a personal hearing, as well as with making and presenting the evidence at the hearing.
Notice of Disagreement
You may file a dispute within one year of the date the local office received the initial denial letter. The VA will then review your case again and create an official statement of the case.
If you want to file a dispute, you should use VA Form 21-958. A disability attorney can help you complete the form correctly so that it is effective in contesting the decision. You do not have to list all the reasons you do not agree with the VA's decision but it is important to be specific to help the VA understand what you think is wrong. Your attorney can advise you about the type of evidence you can submit to support the NOD, like statements from medical professionals or results of diagnostic tests.
If your appeal is rejected at this stage, then you can request that it be reviewed by a senior judge through an Higher Level Review. This process could take as long as 25 months and you should be in contact with your lawyer throughout the process. If the VA refuses to accept your claim, your lawyer can request a hearing to be conducted before a Veterans Law Judge to present testimony and additional evidence in person. Your attorney will draft your check if your claim is awarded.
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 service. The VA is a large bureaucracy and it's not difficult to get lost. A veteran disability lawyer can help you navigate the process and provide much-needed assistance to those who are seeking benefits.
The VA must examine the case after the veteran has filed the Notice of Dispute to the local VA office. This involves examining the laws, regulations and the evidence used to make the original decision. It also includes examining the veteran's medical records and when necessary, lay statements. The VA must send the claimant a Statement of Case that includes a list of all evidence it has reviewed.
The statement should be written in plain language and provide the reasoning for the decision, including the interpretation of the law and regulations relevant to the case. It should address the issues that the claimant has made in his or her NOD.
The Veteran will receive the Statement of Case within 120 days of the date the NOD was sent. However, due to the VA backlog it could delay the release of this document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about the amount of your rating or a claim for benefits.