How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of submitting an application for benefits for veterans disability can appear overwhelming. A qualified veterans disability lawyer can help you navigate it from start to finish.
It is essential to choose a lawyer who restricts their practice to disability cases, and only handles these cases at each level of appeal. This will ensure you receive the best legal representation.
Appeal
If the VA denies a claim, or does not approve benefits, it allows the veteran or or her surviving spouse to file an appeal. This is a complex and lengthy process that could be complicated, even for the most simple disability claims. A veterans disability lawyer can help you understand all of your options and secure the benefits you deserve.
A common reason for people to file a claim for disability is that they are not satisfied with their disability rating. In this situation, the lawyer can make sure that the evidence is sufficient to support a valid rating based upon a disabling condition caused or exacerbated by military service.
A
veterans disability lawyer may be needed by those who have had to wait too long for their benefits. The lawyer can assist in determining what documents are missing and then submit a request to the VA for those records.
A
veterans disability lawyer can also ease the burden of dealing directly with the VA. This will allow you to concentrate on your health and other obligations you might have. Some lawyers are veterans themselves which can give them a unique form of compassion for their clients. They also increase the stakes in their cases. This can make a big difference in the result of the appeal.
Higher-Level Reviews
Veterans are able to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review option that allows an experienced reviewer examine the same evidence presented in the original claim, and make a fresh determination. The senior reviewer is able to either affirm or reverse the previous rating.
A veteran or their representative could ask for an informal meeting to discuss the matter with the senior reviewer. However only one of these conferences is allowed. At this meeting it is important to prepare and present your case's details in a clear way. An attorney for
veterans disability law firms can assist you in preparing and participate in the informal conference.
The higher-level reviews are typically used to correct errors made by the previous reviewer of an appeal for disability. For example in the event that the previous reviewer misinterpreted evidence or made mistakes in the law. Senior reviewers can correct these errors by changing the previous decision, but only when it is beneficial to the claimant's interests.
The more extensive review can lead to a personal hearing for the claimant which gives them the chance to connect with those who are reviewing the claim and present their arguments. A veterans disability lawyer can help you determine whether or not it's required to request a personal hearing, and also with creating and presenting evidence during the hearing.
Notice of Disagreement
You can file a disagreement within one-year of the date the local office sent you the original denial letter. The VA will review your case again and create an official statement of the case.
You should use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help complete this form in a manner that is effective in contesting the decision. You do not have to list all the reasons you do not agree with the VA's decision, but it is best to be specific to help 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, then you can have it re-examined by a senior reviewer through a Higher Level Review. This process could take as long as 25 months and you should be in contact with your lawyer at all times. If the VA denies your claim your attorney may request an appearance before an Veterans Law judge to present evidence and testimony in person. Your attorney will prepare your check in the event that your claim is approved.
Statement of the Case
Congress has passed a variety of laws to make sure that veterans are compensated for injuries, illnesses, and other conditions caused by their service. However, the VA is a massive bureaucracy that is easy to be lost within the system. A veteran disability attorney can help you navigate the process and provide vital assistance to those who are seeking benefits.
The VA must review the case following the time the veteran has filed the Notice of Dispute to the local VA office. This involves examining the regulations, laws and evidence used to make the initial decision. It also involves examining the medical records of the veterans and, if needed, lay statements. The VA must provide the applicant with an official statement of case which includes a list with evidence that it has examined.
The statement should be written in plain language and provide the reasoning behind the decision, including the interpretation of the regulations and laws that affect the case. It should address all arguments made by the claimant 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 the agency longer to issue the statement. If you're a veteran attempting to appeal a rating decision or a claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.