How a
Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of applying for benefits from veterans disability may appear overwhelming. A qualified veterans disability lawyer can help you navigate it from start to finish.
It is essential to find an attorney who only practices disability law and handles cases of this nature at all levels of appeal. This will ensure you receive the best legal representation.
Appeals
If the VA denies a claim, or does not approve benefits, it gives the veteran or or her surviving spouse to file an appeal. This is a complicated and lengthy procedure that can be complicated even by the most straightforward disability claims. A veteran disability lawyer can help you understand all your options and get the benefits you deserve.
The most common reason for
veterans disability lawyer people to declare a disability claim is because they are unhappy with their disability rating. In this case, the lawyer can make sure that all the evidence is in place to justify a proper rating based on a disability condition caused by or aggravated by military service.
A veterans disability lawyer may be needed by those who have not received their benefits. The lawyer can help determine what documents are missing, and then submit an application for these records to the VA.
A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This allows you to focus on your health and any other obligations you might have. Some lawyers are veterans, which can give them a unique compassion for their clients. This could make a significant difference in the outcome of the appeal.
Higher-Level Reviews
Veterans have more recourse options to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to analyze the same evidence as in the original claim and make a fresh determination. The senior reviewer may confirm or reverse the previous decision to rate.
The veteran or their representative may ask for an informal conference with the senior reviewer to discuss the case, however, only one of these conferences is permitted. For this meeting it is crucial to prepare and present your case's details in a concise manner. An attorney with expertise in
veterans disability lawyers ' disability can help you prepare and participate at the informal conference.
Higher-level reviews are often used to correct mistakes made by the previous reviewer in a disability claim, such as not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these mistakes by reversing a previous decision, but only when it is in the best interests of the claimant.
A personal hearing could be arranged for the claimant in the wake of the review at a higher level. This is a chance for the claimant to meet the person who is reviewing their claim and discuss their arguments. A veterans disability lawyer can help you determine whether or not it's necessary to request a personal hearing, and with preparation and presenting evidence during the hearing.
Notice of Disagreement
After the VA has assessed your claim and issued an assessment, you may make a formal notice of disagreement within one year from the date that the local office gives you its original denial letter. The VA will review the case again and issue a Statement of the Case.
You should utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can help you fill out this form correctly so that it is effective in appealing the decision. It is not necessary to list all the reasons you don't agree with the VA's decision but it is important to be specific in order to help the VA understand what you think is wrong. Your attorney can guide you on the kind of evidence to include with the NOD, like statements from medical professionals or the results of diagnostic tests.
If your appeal is not accepted at this point, you can have it re-examined by a senior reviewer through an Higher Level Review. This could take up to 25 months, and you should have your lawyer by all the procedure. 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 ultimately awarded, your attorney will prepare you for your check.
Statement of the Case
Congress has passed a variety of laws to ensure that veterans receive compensation for illnesses, injuries and other ailments they've suffered during their service. The VA is a big bureaucracy and it's easy to be lost. A veteran disability lawyer can assist those seeking assistance navigate the system and offer the assistance they need.
The VA must review the case following the time the veteran has filed a Notice of Dispute with the local VA office. This involves examining the regulations, laws and the evidence used to make the original decision. This includes reviewing the veteran's medical record and when necessary lay statements. The VA must provide the claimant with the Statement of Case which contains a list of evidence that it has reviewed.
The statement should state clearly the reasoning behind the decision, including how it interprets the laws and regulations that impacted the case. It should address all contentions the claimant raised in his or her NOD.
The Statement of the Case is usually sent to the veteran within 120 days from the date the NOD was filed. Due to the VA backlog, it may take longer for the agency to issue the statement. If you are a veteran appealing a decision on your rating or claim for benefits, contact a
veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.