How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of obtaining veterans disability benefits can be a challenge. The right veterans disability attorney can assist you from start to finish.
It's crucial to find a lawyer who has a limit on their practice to disability cases, and only handles those cases at each level of appeal. This helps ensure you'll be receiving the best legal representation.
Appeal
When the VA rejects a claim or fails to approve benefits, it allows the veteran, or his or the spouse who died to file an appeal. Even the most basic disability claims could be a challenge for this lengthy and complicated procedure. A
veterans disability attorney can help you understand your options and ensure you receive the benefits you deserve.
The most common reason people have to file a disability claim is that they are unhappy with their disability rating. In this instance lawyers can make sure that there is sufficient evidence to support a rating that is appropriate for a condition that is that is caused or worsened by military service.
A veterans disability lawyer may be needed by people who have had to wait too long for their benefits. The lawyer can help determine what documents are missing and can then make a request to the VA for the relevant records.
A veteran disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will give you time to focus on your health, as well as any other obligations you might have. Some lawyers are veterans and this may result in an exceptional empathy for their clients. This can make a huge 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 is a decision review option that allows the senior reviewer to review the same evidence as was presented in the original claim and make an additional decision on the case. The senior reviewer has the option to either affirm or reverse the previous rating.
A veteran or their representative could request an informal meeting to discuss the matter with the senior reviewer. However, only one of these conferences is permitted. At this meeting, it is important to prepare and present your case facts in a concise manner. A veterans disability attorney can help you prepare and take part in the informal conference.
The higher-level review is usually used to correct errors made by the previous reviewer of the disability claim. For example when the previous reviewer misinterpreted evidence or committed errors in the law. Senior reviewers are able to correct these mistakes by changing a previous decision but only if it is in the claimant's best interest.
A hearing at a personal level can be scheduled for the claimant as a result of the review at a higher-level. This is an opportunity for the claimant to meet with the person reviewing their claim and explain the arguments. A veterans disability lawyer can help decide whether or not a personal hearing is needed and also prepare and present evidence at the hearing.
Notice of Disagreement
Once the VA has reviewed your claim and made a decision, you can file a written notice of disagreement within one year of the date when the local office gives you the original denial letter. The VA will review the case again and issue a Statement of the Case.
You must utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist complete this form correctly so that it is effective in appealing the decision. You don't have to include every reason why you are not with the decision. However it is best to be specific in order that the VA is aware of what you believe to be incorrect. 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 accepted at this stage, then you can have it reviewed by a senior reviewer through an Higher Level Review. This process could take up to approximately 25 months. You should be with your lawyer throughout the process. If the VA denies your claim your attorney may request an appearance before a Veterans Law judge to present evidence and testimony in person. If your claim is awarded, your attorney will prepare you for your check.
Statement of the Case
Congress has passed numerous laws to ensure that veterans receive compensation for illnesses, injuries, and other ailments they've suffered during their service. The VA is a huge bureaucracy, and it's easy to get lost. A veteran disability lawyer can help people navigate the system and offer the needed assistance.
When a veteran files a Notice of Disagreement to his or local VA office, the VA must conduct an investigation of the case. This includes looking into the laws, regulations and evidence used to make the initial decision. It also includes examining the veteran's medical records and, if needed lay statements. The VA must send the claimant a Statement of the Case, which contains a list of all evidence it examined.
This statement should be simple and clear, and also explain the reasoning of the decision, which should include the interpretation of the laws and regulations which affect the case. It should address the claims that the claimant has made in his or her NOD.
The Veteran will receive the Statement of Case within 120 days of the date when the NOD was submitted. However due to the VA backlog it could take longer to issue this document. Contact a
veterans disability lawsuit disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision regarding the amount of your rating or a claim for benefits.