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 appear overwhelming. A lawyer for
veterans disability law firms can help you navigate the procedure.
It's important that you find an attorney who only handles disability law and cases of this nature at all levels of appeal. This will ensure you receive the most effective representation.
Appeal
If the VA rejects or doesn't approve a claim, either the veteran or the surviving spouse may appeal. Even the most basic disability claims can make this a complicated and lengthy procedure. A veterans disability lawyer can help you understand the various options available and help you get the benefits you deserve.
The most common reason people declare a disability claim is that they are not satisfied with their disability status. In this instance, the lawyer can ensure that all the evidence is in place to support a fair rating based on a disability condition that was caused or worsened by military service.
A lawyer for
veterans disability lawsuits may be required by those who have waited too long to get their benefits. The lawyer can help determine what documents are missing, and then make the request for these documents to the VA.
A veteran disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will let you focus on your health and any other obligations you might have. Some lawyers are veterans, and this can result in a unique compassion for their clients. This can make a major 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 permits senior reviewers to examine the same evidence that was presented in the original claim, and then make an additional decision on the case. The senior reviewer can confirm or reverse the previous decision to rate.
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. It is essential to be prepared and explain your case in a clear way at this conference. A lawyer for veterans may help you prepare and take part in the informal conference.
Higher-level reviews are often used to correct mistakes by the reviewer who was earlier in a disability case for example, not interpreting evidence correctly or making mistakes in the law. The senior
Veterans Disability Law Firms reviewer is able to alter an earlier decision on the same claim to rectify these mistakes but only if the modifications are beneficial to the person filing the claim.
A hearing at a personal level can be scheduled for the claimant as a result of the review at a higher level. This provides the claimant to meet with the person who is reviewing their case and explain the arguments. A lawyer for
Veterans Disability Law Firms can assist with determining whether or not it is required to request a personal hearing, and also with preparing and presenting the evidence during the hearing.
Notice of Disagreement
You can file a disagreement within one year from the day the local office mailed you the initial denial letter. The VA will review your claim again and issue an official statement of the case.
If you want to file a dispute with the VA, you should fill out VA Form 21-958. A disability lawyer can assist you complete this form correctly to appeal the decision. You do not have to list every reason you don't agree with the VA's decision however, it is recommended to be specific and help the VA understand what you think is wrong. Your attorney can help you determine what evidence to include with the NOD. This could be statements from medical professionals, or results of diagnostic tests.
If your appeal is denied at this point, you can have it re-examined by a senior judge through a Higher Level Review. This process could take as long as up to 25 months, and you should be in contact with your attorney throughout the process. If the VA denies your claim your lawyer may request an appeal before a Veterans Law judge to present evidence and testimony in person. Your lawyer will draft your check if your claim is awarded.
Statement of the Case
Congress has enacted a number of laws to make sure that veterans are compensated for injuries, illnesses and other ailments suffered during service. The VA is a huge bureaucracy and it's not difficult to become lost. A veteran disability lawyer can help applicants navigate the system and offer the assistance they need.
Once a veteran has filed a Notice of Disagreement in his or her local VA office, the VA must conduct an investigation of the case. This includes looking into the regulations, laws and evidence used in making the original 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 a Statement of Case, which includes a list with evidence it has analyzed.
This statement should be in plain English and should explain the reasoning behind the decision, as well as the interpretation of the law and regulations relevant to the case. It should address the claims that the claimant has made in the 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 the agency might take longer to issue this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision about an assessment or claim for benefits.