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 assist you from start to finish.
It is essential to find an attorney who only practices disability law and handles these cases at all levels of appeal. This will ensure that you get the best representation.
Appeal
When the VA denies a claim, or does not allow benefits to be approved, it allows the veteran, or his or spouse who survives to appeal. Even the most basic disability claims could make this a complicated and lengthy procedure. A
veterans disability law firms disability attorney can help you understand your options and obtain the benefits you deserve.
One of the main reasons people are required to submit a disability claim is because they are not content with their disability ratings. In this case an attorney can make sure that there is sufficient evidence to justify the appropriate rating based on a condition that is caused or worsened by military service.
Another common reason for people to need a veterans disability lawyer is because they've waited for too long to receive benefits. The lawyer can help determine what documents are not available, and then make the request for these documents to the VA.
A veterans disability
attorney can also alleviate the burden of dealing with the VA away from you. This gives you the time to focus on your health, and any other obligations you have. Some attorneys are veterans themselves, and this can give them a unique type of compassion for their clients and make them more invested in their cases. This can make a huge difference in the outcome of the appeal.
Higher-Level Reviews
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options if they do not agree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to examine the same evidence that was presented in the original claim, and make a fresh decision. The senior reviewer has the option to either confirm or reverse the previous rating.
A veteran or their agent may ask for an informal meeting to discuss the case with the senior reviewer. However, only one of these conferences is allowed. It is essential to be prepared and explain the facts of your case in a clear manner during this meeting. A veterans disability attorney can help you prepare and participate in the informal conference.
The higher-level reviews are typically used to correct mistakes made by the previous reviewer of an appeal for disability. For example when the previous reviewer misinterpreted evidence, or made mistakes in the law. Senior reviewers can correct these mistakes by changing a previous decision but only if it is beneficial to the claimant's interests.
The more extensive review can result in a personal hearing for the applicant, which gives the claimant an opportunity to speak with the person reviewing the claim and explain their arguments. A veteran disability attorney can help determine whether a personal hearing is required and prepare and present evidence for the hearing.
Notice of Disagreement
You can file a dispute within one-year of the date the local office sent you the initial denial letter. The VA will then review your case once more and draft a Statement of the Case.
You must use VA Form 21-0958 to file a notice of disagreement. A disability attorney can help you fill out this form in a manner that is effective in contesting the decision. You don't have to list every reason you do not agree with the VA's decision, but it is advisable to be specific and help the VA know what you believe is wrong. Your attorney can advise you about the type of evidence you can submit along with the NOD, for example, statements from medical professionals or results of diagnostic tests.
If your appeal is denied at this stage There is a second chance to have it reviewed by an experienced reviewer in the form of an Higher-Level Review. This could take up to 25 months, and you must have your attorney by your side throughout the way. If the VA refuses to accept your claim, your attorney can request an appearance before a Veterans Law judge to present evidence and testimony in person. If your claim is ultimately awarded, your attorney will prepare you for your check.
Statement of the Case
Congress has written extensive laws to ensure that veterans are compensated for injuries, illnesses, and other conditions caused by their service. The VA is a big bureaucracy, and it's easy to be lost. A veteran disability attorney can assist in navigating the process and provide much-needed assistance to those who are seeking benefits.
Once a veteran has filed a Notice of Disagreement with his her local VA office, the VA must conduct an examination of the case. This involves examining the regulations, laws, and evidence used in the original decision. This includes looking over the medical records of the veteran as well as when necessary, lay statements. The VA must send the claimant a Statement of Case that includes a list of all evidence that it has reviewed.
This statement should be in plain language and explain the reasoning behind the decision, including the interpretation of the law and regulations which affect the case. It should address all the assertions made by the claimant in the NOD.
The Statement of the Case is typically sent to the veteran within 120 days of the date on which the NOD was filed. Due to the VA backlog, it could take longer for the agency to issue the document. If you're a veteran seeking to appeal the decision of a rating agency or a claim for benefits, contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.