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. A qualified
veterans disability lawyer will guide you from beginning to end.
It's important to find a lawyer who limits their practice to disability cases and exclusively handles those cases at all levels of appeal. This helps ensure you'll be receiving the best representation.
Appeals
When the VA refuses or fails to approve a claim, either the spouse or the veteran who is surviving can file an appeal. This is a complicated and lengthy process that can be complicated even with the most straightforward disability claims. A veteran disability lawyer can assist you in understanding your options and ensure you receive the benefits you deserve.
A common reason for people to submit a claim for disability is that they are not satisfied with their disability status. In this situation, the lawyer can ensure that all the evidence is in place to support a fair rating based on a disability condition that is caused or exacerbated by military service.
A veterans disability lawyer may be required by those who have not received their benefits. The lawyer can assist in determining the missing documents, and then make an inquiry for
veterans disability lawyer these records to the VA.
A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will give you time to focus on your health, as well as any other responsibilities you may have. Some lawyers are
veterans disability lawsuits, and this can result in a unique compassion for their clients. 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 have more options when they disagree 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 may confirm or reverse the previous decision to rate.
A veteran or their agent may request an informal conference to discuss the case with the senior reviewer. However only one conference is permitted. For this meeting, it is important to prepare and present your case 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.
The higher-level review is usually used to correct mistakes made by the previous reviewer of the disability claim. For example an earlier reviewer misinterpreted evidence, or made errors in the law. Senior reviewers can correct the errors by changing the previous decision, but only when it is in the claimant's best interest.
A personal hearing may be scheduled for the applicant as a result of the higher-level review. This is a chance for the applicant to meet with the person who is reviewing their case and discuss their arguments. A veterans disability lawyer can assist in determining whether or not it's necessary to request a personal hearing, as well as with creating and presenting 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 the local office has sent you the initial denial letter. The VA will review the claim again and prepare a Statement of Case.
You should make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you complete this form correctly to appeal the decision. You don't have to include every reason why you are not with the decision; however, it is better to be specific in order that the VA can understand exactly what you believe is incorrect. Your attorney can help you on the evidence you should submit with the NOD, including statements from medical professionals or results of diagnostic tests.
If your appeal is not granted at this point If you are denied, you can try again to review it by an experienced reviewer in the form of a Higher-Level review. This can take up to 25 months, and you should have your lawyer by with you every step of the procedure. If the VA still denies your claim, your lawyer may request that a hearing be conducted before a Veterans Law Judge to present evidence and testimony in person. Your lawyer will draft your check should your claim be approved.
Statement of the Case
Congress has passed numerous laws to ensure that veterans are compensated for their ailments, injuries and illnesses incurred during service. The VA is a massive bureaucracy, and it's easy to be lost. A veteran disability attorney can help navigate the process and provide much-needed assistance for those who are seeking benefits.
The VA must review the case following the time the veteran has filed an Notice of Dispute at the local VA office. This includes examining the laws, regulations and evidence used to make the original decision. This also includes looking at the medical records of the veteran and in the event of a need,
Veterans Disability Lawyer lay statements. The VA must send the claimant a Statement of Case which is a list of all evidence that it has looked over.
The statement should be written in plain English and should explain the reasoning for the decision, including the interpretation of the laws and regulations affecting the case. It should address all assertions made by the claimant in the NOD.
The Veteran will receive the Statement of Case within 120 days of the date that the NOD was filed. However due to the VA backlog, the agency may delay the release of the document. If you're a veteran seeking to appeal the decision of a rating agency or a claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.