How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of getting veterans disability benefits can be overwhelming. The right attorney for veterans can guide you from beginning to end.
It's important to find a lawyer who limits their practice to disability cases, and only handles those cases at every stage of appeal. This will ensure you receive the best representation.
Appeal
When the VA refuses or fails to accept a claim, the spouse of the deceased or veteran can appeal. This is a lengthy and lengthy process that can be complicated even with the simplest disability claims. A
veterans disability attorney can help you understand your options and
Veterans disability lawyer ensure you receive the benefits you deserve.
One of the main reasons people file a disability claim is that they are not satisfied with their disability ratings. In this instance, the lawyer can ensure that all the evidence is in place to justify a proper rating based on a debilitating condition caused by or aggravated by military service.
Another common reason for people to seek out a veterans disability lawyer is because they've waited too long to receive their benefits. The lawyer can help determine what documents are missing and submit a request to the VA for those records.
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 create an unmatched compassion for their clients. This could make a significant difference in the result of the appeal.
Higher-Level Reviews
Veterans can appeal VA decisions if they do not agree. The Higher-Level Review is a decision review option that allows the senior reviewer to review the same evidence that was presented in the original claim and make an entirely new decision in the case. The senior reviewer is able to confirm or reverse the previous rating decision.
The person who is the veteran or their representative could request an informal meeting with the senior reviewer to discuss the case, however, only one of these conferences is permitted. At this meeting it is crucial to prepare and present your case facts in a clear manner. An attorney who specializes in the field of veterans disability can assist you prepare for and participate in the informal conference.
The higher-level review is often used to correct mistakes made by the previous reviewer of the disability claim. For example, if the earlier reviewer misinterpreted evidence or made errors in the law. Senior reviewers can correct these mistakes by altering the decision made previously, but only when it is in the claimant's best interest.
A hearing at a personal level can be scheduled for the applicant as a result of the review at a higher level. This is a chance for the claimant to meet the person who will be reviewing their claim and to present their case. A
veterans disability lawyer can help decide whether or not a personal hearing is required and prepare and present the evidence at the hearing.
Notice of Disagreement
After 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 initial denial letter. The VA will then review your case again and issue an official statement of the case.
You must make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out the form correctly to appeal the decision. You do not have to list all the reasons you disagree with the VA's decision, however, it is recommended to be specific to help the VA to understand what you believe is wrong. Your attorney can guide you on what evidence to submit to support the NOD, for example, statements from medical professionals or the results of diagnostic tests.
If your appeal is denied at this stage, then you can have it re-examined by a senior judge through an Higher Level Review. This can take up to 25 months, and you should have your attorney by with you every step of the process. If the VA denies your claim your lawyer may request an appointment with a Veterans Law judge to present evidence and testimony in person. If your claim is granted, your attorney will prepare you for your check.
Statement of the Case
Congress has passed numerous laws to ensure that veterans receive compensation for illnesses, injuries, and conditions they've endured during their service. But the VA is a massive bureaucracy and it is easy to get lost in the maze of regulations. A veteran disability lawyer can help claimants navigate the system and provide the much-needed assistance.
The VA must review the case following the time a veteran has filed an official Notice of Dispute with the local VA office. This includes looking into the regulations, laws and evidence used to reach the initial decision. It also involves examining the medical records of the
veterans disability lawyers and in the event of a need, lay statements. The VA must provide the claimant with an Statement of Case that includes a list of evidence that it has reviewed.
This statement should be simple and clear, and also explain the reasoning behind the decision, including the interpretation of the regulations and laws that affect the case. It should address all the assertions made by the claimant in the NOD.
The Statement of the Case is typically mailed to the veteran within 120 days from the date that the NOD was filed. However due to the VA backlog, the agency may take longer to mail this document. If you are a veteran attempting to appeal the decision of a rating agency or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.