How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of applying for benefits for veterans disability can appear overwhelming. The right veterans disability attorney will guide you from beginning to end.
It is essential to find a lawyer who limits their law practice to disability cases, and only handles those cases at all levels of appeal. This ensures that you're receiving the best legal representation.
Appeals
When the VA denies or does not approve a claim, either the spouse or the veteran who is surviving may appeal. This is a complicated and lengthy procedure that can be complicated even by the most basic disability claims. A veterans disability attorney can assist you in understanding your options and obtain the benefits you deserve.
The most common reason people need to declare a disability claim is that they are not content with their disability status. In this instance, a lawyer can make sure that there's enough evidence to support a rating that is appropriate based on a condition caused or made worse by military service.
A lawyer for veterans may be needed by people who have waited too long to get 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 can also ease the burden of dealing directly with the VA. This will give you the time to concentrate on your health, as well as any other obligations you have. Some attorneys are veterans,
veterans disability attorney and this can create an unmatched empathy for their clients. 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) provides veterans with more options to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to analyze the same evidence as in the original claim and make a fresh decision. The senior reviewer may confirm or reverse the previous rating decision.
A veteran or their representative can request an informal meeting to discuss the case with the senior reviewer. However, only one conference is permitted. At this conference it is essential to prepare and present your case's details in a clear way. A
veterans disability lawyers disability attorney can help you prepare and take part in the informal conference.
Higher-level reviews are usually used to correct mistakes by the previous reviewer in a disability claim which could include mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct these errors by altering the decision made previously however only when it is in the best interests of the claimant.
A personal hearing may be scheduled for the claimant as a result of the review at a higher level. This gives those seeking to be heard by the person who is reviewing their case and discuss their arguments. A veteran disability lawyer can assist in determining 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 from the date the local office issued the original denial letter. The VA will review your case again and create an Statement of Case.
If you want to file a dispute, you should use VA Form 21-958. A disability lawyer can assist to fill out the form correctly to appeal the decision. It is not necessary to list all the reasons you don't agree with the VA's decision, but it is best to be specific to help the VA determine what you think is wrong. Your attorney can help you determine what evidence to include in the NOD. This could include statements from medical professionals or results of diagnostic tests.
If your appeal is denied at this point If you are denied, you can try again to be reviewed by an experienced reviewer in form of A Higher-Level Review. This could take anywhere from 25 months, and you should have your attorney by with you every step of the procedure. If the VA denies your claim, your attorney can request an appearance before an Veterans Law judge to present evidence and testimony in person. Your attorney will prepare your check if your claim is awarded.
Statement of the Case
Congress has written extensive laws to make sure that veterans are compensated for injuries, illnesses, and other conditions that they suffer during their service. However the VA is a huge bureaucracy and it's easy to get lost in the system. A veteran disability lawyer can assist in navigating the process and provide much-needed assistance to applicants.
The VA must examine the case after a veteran has filed an Notice of Dispute at the local VA office. This includes looking into the regulations, laws and evidence used in making the original decision. This includes reviewing the medical record of the veteran as well as at times lay statements. The VA must provide the claimant with an official statement of the case which is a list of all evidence that it has looked over.
The statement should be written simple and clear, and also explain the reasoning behind the decision, including the interpretation of the law and regulations relevant to the case. It should address the issues made by the claimant in the NOD.
The Statement of the Case is usually mailed to the veteran within 120 days of the date the NOD was filed. However due to the VA backlog it could take longer to issue this document. Contact a
veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision about an assessment or claim for benefit.