How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of getting veterans disability benefits can be overwhelming. The right veterans disability attorney will guide you from beginning to end.
It's essential to find an attorney who only handles disability law and these cases at all levels of appeal. This will ensure that you get the most effective representation.
Appeal
When the VA denies or does not approve a claim, the spouse of the deceased or veteran may appeal. Even the most basic disability claim can be a challenge for this lengthy and complicated procedure. A veterans disability attorney can help you understand your options and help you get the benefits you deserve.
One of the main reasons people make an application for disability benefits is that they are not happy with the disability rating they have received. In this situation an attorney can make sure that there is sufficient evidence to support the proper rating in light of a condition that was that is caused or worsened by military service.
Another reason that people tend to need a veterans disability lawyer is that they have been waiting too long to get their benefits. The lawyer can help determine what documents are missing and submit a request to the VA to obtain those documents.
Having a
veterans disability attorney can also relieve the burden of dealing with the VA away from your shoulders. This will let you focus on your health and any other obligations that you may have. Some attorneys are
veterans disability lawyers, and this may result in a unique compassion for their clients. This can make a big difference in the result of the appeal.
Higher-Level Reviews
Veterans have more recourse options to appeal VA decision if they disagree. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to analyze the same evidence as in the original claim and make a new determination. The senior reviewer has the choice to either reverse or confirm the previous rating.
A veteran or their representative may request an informal conference to discuss the case with the senior reviewer. However, only one of these conferences is allowed. It is essential to be prepared and provide the facts of your case in a clear manner at this time. A veterans disability attorney can help you prepare and take part in the informal conference.
Higher-level reviews are typically used to correct errors made by the previous reviewer in a disability claim which could include not interpreting evidence correctly or making mistakes in the law. The senior reviewer can change a prior decision on the same claim to correct these kinds of errors however only if the changes are advantageous to the claimant.
A hearing at a personal level can be arranged for the claimant in the wake of the higher-level review. This is a chance for those seeking to be heard by the person who is reviewing their case and explain the arguments. A lawyer for veterans can help determine whether or not it is required to request a personal hearing, as well as with creating and presenting evidence during the hearing.
Notice of Disagreement
After the VA has assessed your claim and issued an assessment, you may submit a notice of disagreement within one year from the date when the local office mails you its original denial letter. The VA will then review your claim again and prepare a Statement of Case.
To file a complaint to file a dispute, you must use VA Form 21-958. A disability lawyer can help complete this form in a manner that is effective in contesting the decision. You don't have to include every reason that you disagree with the decision; however it is recommended to be specific so that the VA understands what exactly you believe is incorrect. Your attorney can help you on what evidence to submit along with the NOD, for example, statements from medical professionals or results of diagnostic tests.
If your appeal is not granted at this stage, you have another chance to have it reviewed by a senior reviewer in form of an Higher-Level Review. This process could take as long as about 25 months and you must be with your lawyer throughout the process. If the VA is unable to resolve your claim, your lawyer can request a hearing to be conducted before a
veterans disability law firm Law Judge to present evidence and testimony in person. If your claim is awarded, your attorney will prepare you for the check.
Statement of the Case
Congress has written extensive laws to ensure that veterans receive compensation for their injuries, illnesses, and other conditions incurred during service. The VA is a massive bureaucracy and it's easy to get lost. A veteran disability lawyer can assist applicants navigate the system and offer the needed assistance.
When a veteran files a Notice of Disagreement with his her local VA office, the VA must conduct a review of the case. This includes looking into the laws, regulations and the evidence used to make the initial decision. Also, it involves looking over the medical records of the veterans and when necessary, lay statements. The VA must provide the claimant with an official statement of the case which includes a listing of all the evidence it has looked over.
This statement should describe clearly the reasoning behind the decision, including how it determined the law and regulations that impacted the case. It should address any claims made by the plaintiff in his or her NOD.
The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was received. However due to the VA backlog it could delay the release of this document. If you are a veteran seeking to appeal a decision on your rating or claim for benefits, contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.