How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of applying for veterans disability benefits can be overwhelming. The right veterans disability attorney can assist you from start to finish.
It's crucial to find an attorney that only has experience in disability law and who handles cases of this nature at all levels of appeal. This will ensure that you get the most effective representation.
Appeals
When the VA decides to deny or not accept a claim, the spouse or the veteran who is surviving can file an appeal. Even the most basic disability claim can complicate this complex and time-consuming procedure. A veterans disability attorney can assist you in understanding your options and obtain the benefits you deserve.
The most common reason for people to make a claim for disability is that they are unhappy with their disability rating. In this situation lawyers can make sure that there is sufficient evidence to justify a rating that is appropriate in light of a condition that was that is caused or worsened by military service.
Another reason that people tend to require a
veterans disability lawyer is that they've been waiting for too long to receive benefits. The lawyer can help determine the missing documents, and then submit an inquiry for these records to the VA.
A lawyer for veterans' disability can also relieve you of the burden of dealing directly with the VA. This gives you the time to concentrate on your health and any other responsibilities you may have. Some lawyers are veterans, and this may result in an unmatched compassion for their clients. This can make a major difference in the outcome of the appeal.
Higher-Level Reviews
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) Veterans have more options if they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows senior reviewers to look at the same evidence as was presented in the original claim and make a new decision on the case. The senior reviewer is able to confirm or reverse the previous decision to rate.
A veteran or their representative may request an informal conference to discuss the matter with the senior reviewer. However, only one conference is permitted. It is essential to be prepared and explain 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.
Higher-level reviews are typically used to correct mistakes made by the reviewer who was earlier in a disability claim for example, mistakenly interpreting evidence or committing errors in the law. The senior reviewer can alter an earlier decision on the same claim to correct these kinds of errors but only if the modifications are beneficial to the claimant.
A personal hearing can also be arranged for the applicant as a result of the review at a higher-level. This is an opportunity for the applicant to meet with the person who is reviewing their claim and discuss their arguments. A veteran disability attorney can help determine whether or not the need for a personal hearing is justified, as well as prepare and present the evidence for the hearing.
Notice of Disagreement
You can file a disagreement within one year of the date the local office sent you the initial denial letter. The VA will review your claim again and create a Statement of the Case.
You must use VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help you complete the form in a way that is effective in appealing the decision. You don't have to list all the reasons you don't agree with the VA's decision, however, it is recommended to be specific in order to assist the VA understand what you think is wrong. Your attorney can help you determine which evidence to include in the NOD. These could be statements from medical professionals or the results of diagnostic tests.
If your appeal is denied at this stage, then you can request that it be reviewed by a senior reviewer through an Higher Level Review. The process can take between 25 and up to 25 months, and you should be with your attorney throughout the process. If the VA denies your claim, your lawyer can request an appeal before an Veterans Law judge to present evidence and testimony in person. Your lawyer will draft your check if your claim is awarded.
Statement of the Case
Congress has enacted a number of laws to make sure that veterans are compensated for their injuries, illnesses, and other conditions incurred during service. However, the VA is a massive bureaucracy, and it's easy to become lost in the system. A veteran disability lawyer can assist applicants navigate the system and offer the needed assistance.
Once a veteran files a Notice of Disagreement with his local VA office, the agency must conduct an examination of the case. This includes examining the laws, regulations and the evidence used in the initial decision. This includes looking over the medical record of the veteran as well as in the event of a need lay statements. The VA must send the claimant a Statement of the Case that includes a list of all evidence that it has looked over.
The declaration should be written in plain language and provide the reasoning behind the decision, including the interpretation of the law and regulations that affect the case. It should address all the arguments made by the claimant in the NOD.
The Veteran will receive the Statement of Case within 120 days of the date the NOD was received. However, due to the VA backlog and backlog, the agency could take longer to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is appealing a decision on an assessment or claim for benefits.