How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of getting
veterans disability law firms disability benefits can be overwhelming. A qualified veterans disability lawyer can guide you from start to finish.
It's crucial to locate a lawyer that limits their law practice to disability cases and exclusively handles these cases at all levels of appeal. This will ensure you receive the best representation.
Appeals
When the VA denies or does not approve a claim, either the spouse of the deceased can file an appeal. This is a lengthy and time-consuming process that can be complicated even with the most simple disability claims. A Veterans Disability (
Gpnmall.Gp114.Net) lawyer can help you understand the various options available and obtain the benefits you deserve.
The most common reason why people declare a disability claim is that they are unhappy with their disability status. In this case, a lawyer can ensure that the evidence is sufficient to support a valid rating based on a disability condition that was caused or worsened by military service.
Another common reason for people to require a veterans disability lawyer is because they have been waiting too long for benefits. The lawyer can help determine what documents are not available, and then submit the request for these documents to the VA.
A veteran disability lawyer can relieve the burden of dealing with the VA away from your shoulders. This will allow you the time to concentrate on your health, and any other obligations you might have. Some lawyers are veterans themselves and this can provide them a unique level of compassion for their clients. They also increase the stakes in their cases. This can make a huge difference in the outcome of the appeal.
Higher-Level Reviews
Veterans are able to appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to examine the same evidence presented in the original claim and then make a new decision. The senior reviewer can choose to either confirm 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 of these conferences is permitted. In this meeting it is crucial to prepare and present your case facts in a clear way. An attorney for veterans can assist you in preparing for and participate in the informal conference.
The higher-level review is typically used to correct errors made by the previous reviewer of an appeal for disability. For example an earlier reviewer misinterpreted evidence, or made mistakes in the law. Senior reviewers can correct these mistakes by changing a previous decision however only when it is beneficial to the claimant's interests.
A personal hearing can also be scheduled for the applicant 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 present their arguments. A lawyer for veterans disability can help you determine whether it is required to request a personal hearing, and also with creating and presenting evidence at the hearing.
Notice of Disagreement
You may file a complaint within one year of the date the local office issued the initial denial letter. The VA will review the case again and issue a Statement of Case.
You should use VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist you complete the form in a way that is effective in appealing the decision. You don't have to list all the reasons you disagree with the VA's decision but it is important to be specific in order to assist the VA know what you believe is wrong. Your attorney can provide guidance about the type of evidence you can submit to support the NOD, including statements from medical professionals or the results of diagnostic tests.
If your appeal is not accepted at this point, you can have it reviewed again by a senior reviewer through an Higher Level Review. This could take anywhere from 25 months, and you must have your attorney by with you every step of the procedure. If the VA continues to deny your claim, your lawyer may request that a hearing be held before an Veterans Law Judge to present evidence and testimony in person. If your claim is ultimately granted, your attorney will prepare you for the check.
Statement of the Case
Congress has enacted a number of laws to ensure that veterans receive compensation for their injuries, illnesses and other ailments that they suffer during their service. The VA is a massive bureaucracy and it's easy to get lost. A veteran disability lawyer can help those seeking assistance navigate the system and provide the needed assistance.
The VA must examine the case after a veteran has filed an official Notice of Dispute with the local VA office. This includes reviewing the regulations, laws, and the evidence used to make the initial decision. Also, it involves looking over the veteran's medical records and in the event of a need, lay statements. The VA must provide the claimant with the Statement of Case which includes a list with evidence that it has reviewed.
This statement should explain in plain language the reasoning behind the decision, and how it determined the law and regulations that impacted the case. It should address the allegations that the claimant has made in his or her NOD.
The Veteran will receive the Statement of Case within 120 days of the date the NOD was sent. Due to the VA backlog it may take longer for the agency to issue the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision about a rating or a claim for benefits.