How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of getting veterans disability benefits can be overwhelming. A lawyer for
veterans disability lawsuit can guide you through the procedure.
It is essential to find a lawyer who has a limit on their law practice to disability cases and only handles these cases at all levels of appeal. This ensures you're getting the best representation.
Appeals
If the VA denies a claim or does not approve benefits, it gives the veteran or his or spouse who is surviving to appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veteran disability lawyer can assist you in understanding all your options and help you get the benefits you deserve.
The most common reason people need to submit a disability claim is that they are unhappy with their disability status. In this case, a lawyer can ensure that all the evidence is in place to support a valid rating based on a disabling condition caused or exacerbated by military service.
Another reason for people to require a veterans disability lawyer is that they've waited too long to get their benefits. The lawyer can help determine what documents are missing and submit a request to the VA for the relevant records.
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veterans disability lawyer can also ease the burden of dealing directly with the VA. This allows you to concentrate on your health and other obligations you might have. Some attorneys are veterans, which can give them an innate compassion for their clients. This can make a huge difference in the result of the appeal.
Higher-Level Reviews
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows
veterans disability lawsuits to have more options if they do not agree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows an experienced reviewer to review the same evidence as was presented in the original claim, and then make an entirely new decision in the case. The senior reviewer has the option to either affirm or reverse the previous rating.
A veteran or their representative can request an informal conference to discuss the case with the senior reviewer. However, only one conference is allowed. At this meeting it is essential to prepare and present your case facts in a concise manner. An attorney for veterans can assist you in preparing for and participate in the informal conference.
Higher-level reviews are usually utilized to correct errors made by the previous reviewer in an appeal for disability, such as mistakenly interpreting evidence or committing errors in the law. The senior reviewer can change an earlier decision on the same claim in order to fix these types of errors however only if the changes are beneficial to the claimant.
A personal hearing may be arranged for the claimant as a result of the review at a higher level. This provides the claimant to meet with the person reviewing their claim and to present their case. A lawyer who is a veteran can help you determine whether or not it is necessary to request a private hearing, as well as preparing and presenting the evidence during the hearing.
Notice of Disagreement
You may file a dispute within one year from the date the local office received the initial denial letter. The VA will review your case once more and draft a Statement of Case.
You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help to fill out the form correctly to ensure it is effective in contesting the decision. You don't have to list all the reasons you do not agree with the VA's decision, but it is advisable to be specific in order to assist the VA understand what you think is wrong. Your attorney can advise you on the kind of evidence to include with the NOD, including statements from medical professionals or results of diagnostic tests.
If your appeal is denied at this stage If you are denied, you can try again to have it reviewed by a senior reviewer in the form of a Higher-Level Review. This could take anywhere from 25 months, and you must have your attorney by your side every step of the way. If the VA continues to deny your claim, your lawyer may request a hearing to be conducted before a Veterans Law Judge to present testimony and additional evidence in person. Your attorney will prepare your check in the event that your claim is approved.
Statement of the Case
Congress has enacted a number of laws to ensure that veterans are compensated for ailments, injuries and illnesses that they suffer during their service. The VA is a big bureaucracy, and it's easy to become lost. A veteran disability lawyer can guide you through the process and offer much-needed assistance to those seeking assistance.
The VA must review the case following the time the veteran has filed the Notice of Dispute to the local VA office. This includes looking into the laws, regulations and the evidence used in the initial decision. Also, it involves looking over the medical records of the veteran and, if needed, lay statements. The VA must provide the applicant with the Statement of Case which contains a list of evidence it has analyzed.
The declaration should be written simple and clear, and also explain the reasoning behind the decision, including the interpretation of the law and regulations which affect the case. It should address all claims made by the plaintiff in the NOD.
The Veteran will receive the Statement of Case within 120 days of the date that the NOD was filed. Due to the VA backlog, it may take the agency longer to issue the document. If you are a veteran who is appealing an appeal of a rating decision or claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.