How a
veterans disability lawyer Disability Attorney Can Help You Get the Benefits You Deserve
The process of applying for benefits from veterans disability may seem overwhelming. The right veterans disability attorney can assist you from start to finish.
It is essential to find a lawyer who has a limit on their law practice to disability cases and exclusively handles these cases at all levels of appeal. This helps ensure you'll be getting the best representation.
Appeal
When the VA decides to deny or not approve a claim, the spouse of the deceased or veteran can appeal. This is a complicated and lengthy procedure that can be complicated, even for the most simple disability claims. A
veterans disability attorney can assist you in understanding your options and get the benefits you deserve.
A common reason why people file a claim for disability is that they are not satisfied with their disability rating. In this case, the lawyer can ensure that the evidence is there to justify a proper rating based on a disabling condition that is caused or exacerbated by military service.
A veteran disability lawyer might be needed by those who have not received their benefits. The lawyer can assist in determining the missing documents and can then make a request to the VA for the relevant records.
A veteran disability attorney can also help you deal with the VA away from you. This will allow you to focus on your health and any other responsibilities that you may have. Certain attorneys 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
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans with more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows senior reviewers to review the same evidence that was presented in the original claim and make an entirely new decision in the case. The senior reviewer may confirm or reverse the previous rating decision.
A veteran or their representative may request an informal conference to discuss the matter with the senior reviewer. However only one of these conferences is permitted. It is important to be prepared and provide the facts of your case in a concise way at this conference. A veterans disability attorney can assist you in preparing for and participate in the informal conference.
The higher-level review is often used to correct errors made by the previous reviewer of an appeal for disability. For instance an earlier reviewer misinterpreted evidence or made errors in the law. The senior reviewer may alter the previous decision made on the same claim in order to correct these kinds of errors, but only if those changes are beneficial to the applicant.
A hearing at a personal level can be scheduled for the claimant as a result of the review at a higher-level. This is a chance for those seeking to be heard by the person who will be reviewing their claim and to present their case. A veteran disability lawyer can assist in determining whether or not a personal hearing is required and also prepare and present evidence at the hearing.
Notice of Disagreement
You can file a disagreement within one year of the date the local office issued the original denial letter. The VA will then review your case again and create a Statement of the Case.
You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you complete this form correctly to appeal the decision. You don't have to list every reason you do not agree with the VA's decision but it is important to be specific in order to help the VA understand what you think is wrong. Your attorney can guide you on the kind of evidence to include with the NOD, for example, 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 get it reviewed by an experienced reviewer in form of a Higher-Level review. This could take up to 25 months, and it is important to have your attorney at with you every step of the procedure. If the VA refuses to accept your claim, your attorney can request a hearing before a Veterans Law judge to present testimony and other evidence in person. If your claim is granted, your attorney will prepare you for your check.
Statement of the Case
Congress has passed a number of laws to ensure that veterans receive compensation for injuries, illnesses and ailments they've experienced during their service. However the VA is a huge bureaucracy that is easy to get lost in the maze of regulations. A veteran disability attorney can assist in navigating the process and provide vital assistance for those who are seeking benefits.
The VA must examine the case once a veteran has filed the Notice of Dispute to the local VA office. This includes looking at the regulations, laws and evidence used to reach the initial decision. It also involves examining the medical records of the veteran and when necessary, lay statements. The VA must provide the claimant with a Statement of the Case which includes a listing of all evidence it studied.
The statement should be written in plain language and explain the reasoning behind the decision, as well as the interpretation of the law and regulations relevant to the case. It should address all the assertions made by the claimant in the NOD.
The Veteran will receive the Statement of Case within 120 days of the date that the NOD was sent. Due to the VA backlog, it might take longer for the agency to issue the document. If you're a veteran appealing a decision on your rating or claim for benefits, contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.