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 veterans disability attorney can assist you from start to finish.
It's essential to choose a lawyer who restricts their practice to disability cases, and only handles those cases at all levels of appeal. This will ensure that you get the best legal representation.
Appeal
When the VA denies a claim, or fails to allow benefits to be approved, it allows the veteran or or spouse who survives to appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veterans disability attorney can help you understand 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 unhappy with their disability rating. In this instance, the lawyer can make sure that the evidence is sufficient to support an appropriate rating based upon a disabling condition caused or exacerbated by military service.
A lawyer for veterans may be needed by those who have not received their benefits. The lawyer can help determine the missing documents and then submit a request to the VA for
veterans disability attorney the relevant records.
A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This will allow you to concentrate on your health and any other responsibilities that you may have. Some attorneys are veterans, and this can result in an innate empathy for their clients. This can make a massive difference in the outcome of the appeal.
Higher-Level Reviews
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options if they do not agree with VA decisions on their claims. The Higher-Level Review is a decision review option that permits a senior reviewer to look at the same evidence presented in the original claim and make an additional decision on the case. The senior reviewer can choose to either affirm or reverse the previous rating.
A veteran or their representative can request an informal meeting to discuss the matter with the senior reviewer. However only one conference is allowed. It is crucial to be prepared and present your case in a concise manner during this meeting. A
veterans disability attorney can assist you in preparing and take part in the informal conference.
The higher-level review is often used to correct errors made by the previous reviewer of a disability claim. For instance in the event that the previous reviewer misinterpreted the evidence or made errors in the law. Senior reviewers are able to correct these mistakes by changing a previous decision, but only when it is in the best interests of the claimant.
The higher-level review can also lead to a personal hearing for the claimant, which provides an opportunity to speak with the person reviewing the claim, and explain their arguments. A veteran disability attorney can help determine whether or not a personal hearing is needed and can also prepare and present the evidence during the hearing.
Notice of Disagreement
You may file a dispute within one-year of the date the local office sent you the initial denial letter. The VA will review your case again and issue a Statement of Case.
You must make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist you fill out this form in a way that is effective in appealing 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 in order to assist the VA know what you believe is wrong. Your attorney can assist you in deciding what evidence to include in the NOD. These could be statements from medical professionals or results from diagnostic tests.
If your appeal is rejected at this stage, you have another chance to review it by a senior reviewer in form of an Higher-Level Review. The process can take between 25 and approximately 25 months. You should be in contact with your lawyer at all times. If the VA rejects your claim, your lawyer can request an appointment with an Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately granted, your attorney will prepare you for your check.
Statement of the Case
Congress has passed a number of laws to ensure that veterans receive compensation for illnesses, injuries and ailments they've experienced during their time of service. However, the VA is a huge bureaucracy that is easy to become lost in the system. A veteran disability lawyer can help people navigate the system and offer much needed assistance.
The VA must examine the case once the veteran has filed an official Notice of Dispute with the local VA office. This includes examining the laws, regulations and the evidence used in the original decision. It also involves examining the veteran's medical records and, if needed lay statements. The VA must send the claimant an official statement of the case which includes a listing of all evidence it examined.
This statement should describe clearly the reasoning behind the decision, and how it interprets the laws and regulations that affected the case. It should address the allegations raised by the claimant 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 and backlog, the agency could delay the release of this document. If you are a veteran attempting to appeal a decision on your rating or claim for benefits, you should contact an attorney for veterans disability from Fusco,
veterans Disability attorney Brandenstein & Rada, P.C.