How a
Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of submitting an application for benefits for veterans disability can seem overwhelming. The right veterans disability attorney can guide you from beginning to end.
It is essential to choose an attorney who practices disability law and
Veterans Disability Attorney handles cases of this nature at all levels of appeal. This ensures that you're getting the best representation.
Appeal
If the VA rejects a claim or fails to allow benefits to be approved, it allows the veteran, or
veterans disability attorney his or the spouse who died to appeal. This is a complicated and lengthy procedure that can be complicated, even for the most simple disability claims. A veterans disability attorney can help you understand your options and help you get the benefits you deserve.
One common reason that people are required to submit a disability claim is because they are not satisfied with their disability rating. In this case, a lawyer can make sure that all the evidence is in place to support an appropriate rating based on a debilitating condition caused or exacerbated by military service.
A
veterans disability lawsuit disability lawyer may be needed by people who have had to wait too long for their benefits. The lawyer can help determine what documents are not available, and then make an inquiry for these records to the VA.
The help of a veterans disability attorney can also relieve the burden of dealing with the VA away from your shoulders. This gives you the time to concentrate on your health and any other obligations you might have. Certain attorneys are veterans and this can result in an unmatched empathy for their clients. This can make a big difference in the result of the appeal.
Higher-Level Reviews
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) Veterans have more options if they do not agree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits the senior reviewer to look at the same evidence that was presented in the original claim and make an additional decision on the case. The senior reviewer has the choice to either affirm or reverse the previous rating.
The veteran or their representative may arrange for a casual conference with the senior reviewer to discuss the case, but only one of these conferences is allowed. For this meeting it is important to prepare and present your case's facts in a concise manner. An attorney that specializes in the field of veterans disability can assist to prepare and take part in the informal conference.
Higher-level reviews can be utilized to correct errors made by the reviewer who was earlier in a disability claim, such as mistakenly interpreting evidence or committing errors in the law. Senior reviewers are able to correct these mistakes by reversing a previous decision but only if it is in the best interests of the claimant.
The more extensive review can result in a hearing for the claimant, which provides an opportunity to meet with the person who is reviewing the claim, and explain their arguments. A
veterans disability lawyer can assist in determining whether or not it's required to request a personal hearing, and also with preparing and presenting the evidence at the hearing.
Notice of Disagreement
Once the VA has reviewed your claim and made a decision, you are able to submit a notice of disagreement within one year of the date when the local office has sent you the original denial letter. The VA will then review your case once more and prepare an official statement of the case.
You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help to fill out the form correctly to appeal the decision. You don't have to list every reason you don't agree with the decision; however it is recommended to be specific so that the VA can understand exactly what you believe to be incorrect. Your attorney can help you about the type of evidence you can submit with the NOD, such as 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 reviewer through a Higher Level Review. This process can take approximately 25 months. You should be with your lawyer throughout the process. 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. If your claim is accepted, your attorney will prepare you for your check.
Statement of the Case
Congress has enacted a number of laws to ensure that veterans are compensated for their injuries, illnesses and conditions incurred during service. The VA is a massive bureaucracy and it's easy to be lost. A veteran disability lawyer can help applicants navigate the system and provide the assistance they need.
Once a veteran files a Notice of Disagreement with his her local VA office, the agency must conduct a review of the case. This includes reviewing the laws, regulations, and the evidence used in the original decision. It also includes examining the veteran's medical records and in the event of a need lay statements. The VA must provide the claimant with an official statement of the case which includes a listing of all evidence it examined.
This statement should explain in clear language the reasoning behind the decision, and how it determined the law and regulations that affected the case. It should address any claims made by the plaintiff in his or her NOD.
The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was submitted. However, due to the VA backlog it could delay the release of the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is appealing a decision on an assessment or claim for benefits.