How a
Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of obtaining veterans disability benefits can be overwhelming. The right
veterans disability attorney can help you navigate it from beginning to end.
It's important that you find an attorney who only has experience in disability law and who handles cases of this nature at all levels of appeal. This helps ensure you'll be receiving the best legal representation.
Appeals
If the VA denies a claim, or fails to accept benefits, it permits the veteran, or his or spouse who is surviving to file an appeal. Even the most basic disability claim can make this a complicated and lengthy procedure. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.
A common reason why people make a claim for disability is that they are not satisfied with their disability rating. In this case, the lawyer can make sure that the evidence is in place to support a valid rating based on a disability condition that is caused or exacerbated by military service.
A veterans disability lawyer could be required by those who have waited too long to get their benefits. The lawyer can assist in determining the missing documents and submit a request the VA to obtain those documents.
A veteran disability lawyer can help you deal with the VA away from your shoulders. This will allow you to concentrate on your health and any other responsibilities that you may have. Some attorneys are veterans, and this may result in a unique empathy for their clients. This can make a major difference in the outcome of the appeal.
Higher-Level Reviews
Since the
veterans disability law firms Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options if they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows a senior reviewer to review the same evidence presented in the original claim and make an entirely new decision in the case. The senior reviewer may affirm or reverse the previous rating decision.
The person who is the veteran or their representative could arrange for a casual conference with the senior reviewer to discuss the case, but only one such meeting is allowed. At this meeting it is essential to prepare and present your case's facts clearly. A veterans disability attorney can help you prepare for and participate in the informal conference.
Higher-level reviews are often used to correct mistakes made by the reviewer who was earlier in a disability case that result in failing to interpret evidence or making mistakes in the law. Senior reviewers can correct these errors by reversing a previous decision however only if it is in the claimant's best interest.
The higher-level review could result in a hearing for the claimant which gives them the chance to connect with the person reviewing the claim and to explain the arguments. A lawyer who is a veteran can help determine whether or not it is required to request a personal hearing, and also with making and presenting the evidence during the hearing.
Notice of Disagreement
Once the VA has examined your claim and reached a decision, you can submit a notice of disagreement within one year from the date on which the local office mails you its original denial letter. The VA will review your case again and create an official statement of the case.
To file a disagreement for a disagreement, you should file VA Form 21-958. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. You do not have to list every reason you do not agree with the VA's decision, but it is best to be specific and help the VA understand what you think is wrong. Your attorney can help you on the evidence you should submit in the NOD like statements from medical professionals or the results of diagnostic tests.
If your appeal is not accepted at this stage, then you can have it re-examined again by a senior reviewer through an Higher Level Review. This can take up to 25 months, and you must have your attorney at all the procedure. If the VA still denies your claim, your lawyer can request a hearing to be held before an Veterans Law Judge to present testimony and additional evidence in person. Your attorney will draft your check should your claim be approved.
Statement of the Case
Congress has enacted a number of laws to ensure that veterans are paid for their injuries, illnesses, and other conditions caused by their service. However the VA is a huge bureaucracy, and it's easy to get lost in the system. A veteran disability lawyer can help navigate the process and offer much-needed assistance for those seeking assistance.
When a veteran files a Notice of Disagreement with his or local VA office, the VA must conduct a review of the case. This includes examining the laws, regulations, and evidence used in the initial decision. This includes reviewing the medical record of the veteran as well as when necessary, lay statements. The VA must provide the applicant with an Statement of Case which includes a list of evidence that it has reviewed.
The statement should outline in a clear manner the reasoning behind the decision, as well as how it interprets the laws and regulations that affected the case. It should address any claims that the claimant has made in the NOD.
The Statement of the Case is typically sent to the veteran within 120 days from when the NOD was filed. However due to the VA backlog the agency might delay the release of this document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision over a rating or a claim for benefits.