How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of obtaining veterans disability benefits can be a challenge. A qualified
veterans disability lawyer can guide you from beginning to end.
It's crucial to find an attorney who only is skilled in disability law and can handle these cases at all levels of appeal. This will ensure that you get the best representation.
Appeal
If the VA refuses or fails to accept a claim, the spouse of the deceased or veteran may appeal. It is a difficult and lengthy process that could be complicated even by the most straightforward disability claims. A veteran disability lawyer can help you understand the various options available and obtain the benefits you deserve.
A common reason people file a claim for disability is because they are dissatisfied with their disability rating. In this situation a lawyer can be sure that there is sufficient evidence to justify the appropriate rating due to a condition caused or made worse by military service.
Another reason that people tend to seek out a veterans disability lawyer is because they have been waiting for too long to receive benefits. The lawyer can help determine what documents are not available, and then submit a request for these records to the VA.
Having a veterans disability attorney can also relieve the burden of dealing with the VA away from you. This will give you the time to concentrate on your health, and any other obligations you have. Some lawyers are veterans themselves, and this can give them a unique compassion for their clients. They also increase the stakes in their cases. This can make a major difference in the outcome of the appeal.
Higher-Level Reviews
veterans disability lawsuits can appeal VA decisions if they do not agree. 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 then make a new decision on the case. The senior reviewer is able to affirm or reverse the previous rating decision.
A veteran or their representative could ask for an informal meeting to discuss the case with the senior reviewer. However only one conference is allowed. It is important to be prepared and present the facts of your case in a concise manner at this meeting. An attorney who is specialized in the field of veterans disability can assist to prepare and take part in the informal conference.
Higher-level reviews can be used to correct errors made by the earlier reviewer in a disability claim, such as not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these errors by altering the decision made previously, but only when it is in the claimant's best interest.
A personal hearing could be scheduled for the claimant in the wake of the review at a higher level. This is a chance for the claimant to meet the person who is reviewing their case and present their arguments. A veterans disability lawyer can assist in determining whether or not a personal hearing is required and also prepare and present the evidence for the hearing.
Notice of Disagreement
After the VA has reviewed your claim and made an assessment, you may make a formal notice of disagreement within one year of the date the local office gives you the original denial notice. The VA will review the claim again and create an Statement of Case.
If you want to file a dispute, you should use VA Form 21-958. A disability attorney can assist you complete the form in a manner that is effective in contesting the decision. You do not have to list every reason you do not agree with the VA's decision, however, it is recommended to be specific and help the VA determine what you think is wrong. Your attorney can help you on what evidence to submit with the NOD, including 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 process could take as long as approximately 25 months. You should be in contact with your lawyer throughout the process. If the VA is unable to resolve your claim, your lawyer may request a hearing to be held before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is granted, your lawyer will prepare you for the check.
Statement of the Case
Congress has enacted a number of laws to ensure that veterans are paid for their ailments, injuries and illnesses that they suffer during their service. The VA is a large bureaucracy and it's easy for people to get lost. A veteran disability lawyer can help claimants navigate the system and offer the needed assistance.
Once a veteran files a Notice of Disagreement with his or her local VA office, the agency must conduct an examination of the case. This includes looking into the regulations, laws and evidence used to make the initial decision. This also includes looking at the medical records of the veteran and when necessary, lay statements. The VA must provide the applicant with an Statement of Case which includes a list of evidence it has analyzed.
This statement should explain in clear language the reasoning behind its decision, as well as how it interpreted the laws and regulations that impacted the case. It should address any claims made by the claimant in the NOD.
The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was filed. However due to the VA backlog, the agency may take longer to mail the document. Contact a
veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about a rating or a claim for benefit.