How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of obtaining veterans disability benefits can be a challenge. The right veterans disability attorney will guide you from start to finish.
It is essential to find an attorney that only practices disability law and handles cases of this nature at all levels of appeal. This helps ensure you'll be getting the best representation.
Appeal
When the VA decides to deny or not accept a claim, the spouse of the deceased can file an appeal. This is a complex and lengthy process that could be complicated even with the most simple disability claims. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.
One of the main reasons people are required to file an application for disability benefits is that they are not happy with their disability ratings. In this situation, the lawyer can make sure that all the evidence is in place to support a fair rating based upon a disabling condition caused by or aggravated by military service.
A veterans disability lawyer may be needed by people who have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing and submit a request the VA for the relevant records.
A veterans disability attorney can also alleviate the burden of dealing with the VA away from your shoulders. This will allow you to concentrate on your health and any other obligations that you may have. Some attorneys are veterans themselves, and this can give them a unique empathy for their clients and increase the stakes in their cases. This can make a huge 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 disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits senior reviewers to look at the same evidence that was presented in the original claim and then make a new decision on the case. The senior reviewer can either confirm or reverse the previous rating decision.
A veteran or their representative could request an informal meeting to discuss the case with the senior
veterans disability attorney reviewer. However, only one of these conferences is permitted. It is important to be prepared and be able to present the facts of your case in a concise way at this conference. A
veterans disability attorney can help you prepare and take part in the informal conference.
Higher-level reviews are often used to correct errors made by the reviewer who was earlier in the case of a disability claim that result in not interpreting evidence correctly or making mistakes in the law. Senior reviewers are able to correct these mistakes by changing the previous decision but only if it is beneficial to the claimant's interests.
A personal hearing could be scheduled for the claimant as a consequence of the review at a higher-level. This is a chance for the applicant to meet with the person who will be reviewing their claim and explain the arguments. A
veterans disability lawyer can assist with determining whether it's necessary to request a private hearing, and with preparation and presenting evidence during the hearing.
Notice of Disagreement
After the VA has examined your claim and reached an assessment, you may make a formal notice of disagreement within one year from the date that the local office mails you the original denial letter. The VA will review the claim again and create an Statement of Case.
You should use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help to fill out the form correctly to appeal the decision. You don't have to list all the reasons you do not agree with the VA's decision, however, it is recommended to be specific to help the VA understand what you think is wrong. Your attorney can advise you on what evidence to submit to support the NOD, such as statements from medical professionals or results of diagnostic tests.
If your appeal is rejected at this stage, then you can have it reviewed by a senior reviewer through a Higher Level Review. The process can take between 25 and up to 25 months, and you should be with your attorney at every step. If the VA refuses to accept your claim, your lawyer can request an appointment with a Veterans Law judge to present evidence and testimony in person. If your claim is awarded, your attorney will prepare you for the check.
Statement of the Case
Congress has passed numerous laws to ensure that veterans receive compensation for injuries, illnesses and ailments they've experienced during their time of service. The VA is a huge bureaucracy and it's not difficult to become lost. A veteran disability lawyer can help people navigate the system and offer much needed assistance.
Once a veteran files a Notice of Disagreement with his or local VA office, the VA must conduct an examination of the case. This includes looking into the laws, regulations, and evidence used in the initial decision. It also includes examining the medical records of the veteran as well as when necessary, lay statements. The VA must send the claimant a Statement of the Case which is a list of all evidence it has looked over.
The declaration should be written in plain language and explain the reasoning behind the decision, as well as the interpretation of the regulations and laws affecting the case. It should address all contentions the claimant raised in the NOD.
The Veteran will receive the Statement of Case within 120 days of the date when the NOD was filed. Due to the VA backlog it may take longer for the agency to issue the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is appealing a decision on the amount of your rating or a claim for benefit.