How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of applying for veterans disability benefits may seem overwhelming. A veteran disability lawyer can help you navigate the procedure.
It’s essential to find an attorney who only handles disability law and these cases at all levels of appeal. This ensures you’re receiving the best legal representation.
Appeal
When the VA rejects a claim or does not approve benefits, it allows the veteran, or his or spouse who survives to file an appeal. Even the most basic disability claims can make this a complicated and lengthy procedure. A veterans disability lawyer can assist you in understanding all of your options and help you get the benefits you deserve.
The most common reason why people declare a disability claim is that they are not satisfied with their disability rating. In this case, a lawyer can make sure that there is enough evidence to support the appropriate rating in light of a condition that was caused or made worse by military service.
Another common reason for people to require a veteran disability lawyer is because they have been waiting for too long to receive benefits. The lawyer can assist in determining what documents are not available, and then submit an application for these records to the VA.
A veteran disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will give you the time to concentrate on your health, as well as any other obligations you have. Certain attorneys are veterans and this can create an unmatched compassion for their clients. This could make a significant difference in the result of the appeal.
Higher-Level Reviews
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), minnesota veterans disability lawsuit have more options if they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that permits an experienced reviewer to review the same evidence presented in the original claim and make a new decision on the case. The senior reviewer has the option to either confirm or reverse the previous rating.
A veteran or their agent may request an informal meeting to discuss the matter with the senior reviewer. However only one of these conferences is allowed. At this meeting it is essential to prepare and present your case’s details in a clear manner. An attorney for veterans can help you prepare and take part in the informal conference.
The higher-level review is typically used to correct mistakes made by the previous reviewer of a disability claim. For example in the event that the previous reviewer misinterpreted evidence or committed mistakes in the law. Senior reviewers are able to correct these mistakes by reversing a previous decision however only if it is in the claimant’s best interest.
The higher-level review can also result in a hearing for the claimant which is an opportunity to talk to the person reviewing the claim and explain their arguments. A lawyer who is a veteran can assist in determining whether or not it is required to request a personal hearing, as well as making and presenting the evidence during the hearing.
Notice of Disagreement
After the VA has assessed your claim and issued an assessment, you may file a written notice of disagreement within one year of the date when the local office mails you the original denial letter. The VA will then review your claim again and create an Statement of the Case.
You should use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help to fill out the form correctly to appeal the decision. You don’t need to list every reason that you disagree with the decision; however, it is better to be specific in order that the VA is aware of what you believe to be wrong. Your attorney can help you decide what evidence to include in the NOD. These could be statements from medical professionals or the results of diagnostic tests.
If your appeal is not granted at this point, you have another chance to get it reviewed by an experienced reviewer in the form of A Higher-Level Review. This process can take approximately 25 months. You should be with your attorney throughout the process. If the VA still denies your claim, your lawyer can request that a hearing be held before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is granted, your attorney will prepare you for your check.
Statement of the Case
Congress has passed numerous laws to ensure that jennings veterans disability attorney are paid for injuries, illnesses and conditions caused by their service. However, the VA is a massive bureaucracy and it is easy to become lost in the system. A veteran disability lawyer can help you navigate the process and offer much-needed assistance to applicants.
When a veteran files a Notice of Disagreement with his local VA office, the agency must conduct an investigation into the case. This involves examining the laws, regulations, and evidence used in the initial decision. This includes looking over the veteran’s medical record and when necessary lay statements. The VA must provide the applicant with an official statement of case which includes a list of evidence that it has examined.
This statement should be in plain English and should explain the reasoning of the decision, which should include the interpretation of the law and regulations that affect the case. It should address all the claims made by the plaintiff in his or her NOD.
The Statement of the Case is typically mailed to the veteran within 120 days of the date that the NOD was filed. Due to the VA backlog, it could take longer for the agency to issue the document. Contact a carolina beach veterans disability lawyer disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision regarding a rating or a claim for benefit.