How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of applying for benefits from
veterans disability attorneys disability may seem overwhelming. The right veterans disability attorney will guide you from beginning to end.
It's essential to choose a lawyer who restricts their law practice to disability cases, and only handles those cases at every level of appeal. This will ensure that you get the best representation.
Appeals
When the VA rejects a claim or does not approve benefits, it gives the veteran or or spouse who survives to appeal. This is a complex and time-consuming process that can be complicated even with the most simple disability claims. A
veterans disability lawsuits disability attorney can help you understand your options and obtain the benefits you deserve.
One common reason that people declare an claim for disability is because they are not happy with their disability status. In this instance an attorney can make sure that there is enough evidence to back the appropriate rating due to a condition that is caused or worsened by military service.
Another reason that people tend to require a veteran disability lawyer is that they've been waiting too long to get their benefits. The lawyer can help determine the missing documents, and then make an application for these records to the VA.
A veteran disability lawyer can help you deal with the VA away from you. This will let you focus on your health and any other obligations you have. Some attorneys are veterans, which can give them an unmatched empathy for their clients. This can make a big difference in the outcome of the appeal.
Higher-Level Reviews
Veterans have more options to appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review process that allows an experienced reviewer examine the same evidence as in the original claim and then make a new decision. The senior reviewer can choose to either affirm or reverse the previous rating.
The person who is the veteran or their representative could request an informal meeting with the senior reviewer to discuss the case, however, only one such meeting is permitted. It is crucial to be prepared and be able to present your case in a concise manner at this meeting. A veterans disability attorney can assist you in preparing and take part in the informal conference.
The higher-level review is typically used to correct errors made by the previous reviewer of a disability claim. For instance when the previous reviewer misinterpreted evidence, or made errors in the law. Senior reviewers can correct the errors by changing a previous decision however only when it is in the best interest of the claimant.
The higher-level review could result in a hearing for the claimant which is an opportunity to meet with those who are reviewing the claim and explain the arguments. A
veterans disability attorney can help determine whether or not a personal hearing is needed and prepare and present evidence during the hearing.
Notice of Disagreement
You can file a disagreement within one year from the date the local office sent you the original denial letter. The VA will review the 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 complete this form in a way that is effective in appealing the decision. It is not necessary to list all the reasons you do not agree with the VA's decision, but it is important to be specific to help the VA to understand what you believe is wrong. Your attorney can help you decide what evidence to include with the NOD. This could be statements from medical professionals or results of diagnostic tests.
If your appeal is not granted at this stage If you are denied, you can try again to review it by a senior reviewer in form of a Higher-Level review. The process can take between 25 and up to 25 months, and you should be with your lawyer at all times. If the VA refuses to accept your claim, your lawyer could request that a hearing be conducted before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is granted, your lawyer will prepare you for your check.
Statement of the Case
Congress has passed numerous laws to make sure that veterans are compensated for their ailments, injuries and illnesses that they suffer during their service. The VA is a big bureaucracy and it's easy for people to be lost. A veteran disability lawyer can help navigate the process and provide vital assistance for those who are seeking benefits.
Once a veteran files a Notice of Disagreement in his or local VA office, the VA must conduct a review of the case. This includes examining the laws, regulations and evidence used to reach the initial decision. This includes reviewing the medical records of the veteran and, if necessary lay statements. The VA must provide the claimant with a Statement of Case, which includes a list with evidence that it has examined.
The statement should outline in plain language the reasoning behind the decision, including how it determined the law and regulations that affected the case. It should address all the arguments made by the claimant in his or her 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 statement. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision about the amount of your rating or a claim for benefit.