How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of applying for benefits from
veterans disability lawsuits disability may seem overwhelming. A qualified
veterans disability lawsuit disability lawyer can guide you from start to finish.
It's essential to choose a lawyer who restricts their law practice to disabilities 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 a claim, or does not approve benefits, it allows the veteran or his spouse who is surviving to file an appeal. This is a complex and time-consuming process that can be complicated even with the most straightforward disability claims. A veteran disability lawyer can assist you in understanding the various options available and get the benefits you deserve.
A common reason for people to declare a disability claim is that they are not satisfied with their disability status. In this situation, the lawyer can ensure that the evidence is in place to support a fair rating based on a disability condition that was caused or worsened by military service.
A veterans disability lawyer may be needed by people who have not received their benefits. The lawyer can assist in determining what documents are missing and then submit a request for these records to the VA.
A
veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This allows you to concentrate on your health and any other obligations that you may have. Certain attorneys are veterans which can give them an exceptional empathy for their clients. This can make a major difference in the result of the appeal.
Higher-Level Reviews
Veterans can appeal VA decision if they disagree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to analyze the same evidence as in the original claim, and make a new determination. The senior reviewer can choose to either affirm or reverse the previous rating.
A veteran or their agent may ask for an informal meeting to discuss the matter with the senior reviewer. However only one of these conferences is allowed. It is crucial to be prepared and explain the facts of your case in a clear manner at this time. An attorney who specializes in the field of disability for veterans can help you prepare and participate in the informal conference.
The higher-level reviews are typically used to correct mistakes made by the previous reviewer of the disability claim. For instance when the previous reviewer misinterpreted evidence, or made mistakes in the law. The senior reviewer can alter the previous decision made on the same claim to rectify these errors but only if the modifications are beneficial for the person filing the claim.
A personal hearing may be arranged for the claimant as a consequence of the review at a higher level. This gives those seeking to be heard by the person who is reviewing their claim and to present their case. A veterans disability lawyer can assist in determining whether it's necessary to request a personal hearing, and with preparing and presenting the evidence during the hearing.
Notice of Disagreement
You may file a dispute within one-year of the date the local office received the initial denial letter. The VA will then review your claim once more and draft a Statement of the Case.
You should 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 don't have to list every reason why you disagree with the decision; however it is best to be specific so that the VA is aware of what you believe to be wrong. Your attorney can help you decide the evidence you should include in the NOD. This could be statements from medical professionals or the results of diagnostic tests.
If your appeal is not granted at this point There is a second chance to have it reviewed by a senior reviewer in the form of a Higher-Level review. This process could take as long as about 25 months and you must be in contact with your attorney at every step. If the VA still denies your claim, your lawyer could request that a hearing be conducted before a Veterans Law Judge to present testimony and additional evidence 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 ensure that veterans are paid for injuries, illnesses and conditions caused by their service. The VA is a huge 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 after the veteran has filed an Notice of Dispute at the local VA office. This includes looking at the laws, regulations and the evidence used to make the initial decision. This includes reviewing the medical records 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 is a list of all the evidence it has studied.
The statement should be written in plain language and explain the reasoning behind the decision, including the interpretation of the regulations and laws which affect the case. It should address all the assertions made by the claimant in the NOD.
The Veteran will receive the Statement of Case within 120 days of the date the NOD was filed. Due to the VA backlog, it may take longer for the agency to issue the document. If you're a veteran seeking to appeal a rating decision or a claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.