How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of submitting an application for veterans disability benefits can be overwhelming. A qualified veterans disability lawyer can assist you from beginning to end.
It’s essential to find a lawyer who has a limit on their law practice to disability cases, and only handles these cases at all levels of appeal. This will ensure you receive the best legal representation.
Appeal
If the VA denies or does not approve a claim, either the veteran or the surviving spouse can file an appeal. This is a complex and time-consuming process that can be complicated even for the most simple disability claims. A veteran disability lawyer can help you understand the options available to you and help you get the benefits you deserve.
The most common reason why people file a claim for disability is that they are not satisfied with their disability status. In this situation a lawyer can be sure there is enough evidence to support the appropriate rating based on a condition caused or aggravated by military service.
A veterans disability lawyer could be needed by those who have not received their benefits. The lawyer can assist in determining the missing documents, and then make an application for these records to the VA.
Having a veterans disability attorney can also alleviate the burden of dealing with the VA away from you. This will let you focus on your health and other obligations that you may have. Some attorneys are hearne veterans disability attorney which can give them a unique level of 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 have more options to appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to analyze the same evidence that was presented in the original claim, and make a fresh decision. The senior reviewer has the choice to either affirm or reverse the previous rating.
A veteran or their representative can 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 provide your case in a concise manner at this meeting. A veteran disability attorney can assist you in preparing and take part in the informal conference.
The higher-level review is often used to correct errors made by the previous reviewer of an appeal for disability. For example when the previous reviewer misinterpreted evidence or committed mistakes in the law. Senior reviewers are able to correct these mistakes by altering the decision made previously however only if it is in the claimant’s best interest.
A personal hearing can also be scheduled for the claimant as a consequence of the higher-level review. This gives those seeking to be heard by the person who will be reviewing their claim and explain the arguments. A detroit lakes veterans disability Law firm disability lawyer can help decide whether the need for a personal hearing is justified and can also prepare and present the evidence at the hearing.
Notice of Disagreement
You may file a dispute within one year from the day the local office received the original denial letter. The VA will review the case again and prepare a Statement of Case.
To file a complaint to file a dispute, you must use VA Form 21-958. A disability attorney can assist you fill out this form in a way that is effective in appealing the decision. You do not have to list every reason you disagree with the VA’s decision but it is important to be specific to help the VA understand what you think is wrong. Your attorney can help you on the evidence you should submit along with the NOD, such as statements from medical professionals or the results of diagnostic tests.
If your appeal is not accepted at this point, you can ask to have it reviewed again by a senior reviewer through an Higher Level Review. This could take anywhere from 25 months, and you must have your lawyer by your side throughout the process. If the VA continues to deny your claim, your lawyer could request a hearing to be held before an Veterans Law Judge to present testimony and additional evidence in person. Your attorney will prepare your check should your claim be approved.
Statement of the Case
Congress has passed a variety of laws to make sure that veterans are compensated for their injuries, illnesses and conditions suffered during service. However, the VA is a massive bureaucracy and it’s easy to be lost within the system. A veteran disability lawyer can help navigate the process and provide crucial assistance to those who are seeking benefits.
The VA must examine the case after a veteran has filed the Notice of Dispute to the local VA office. This includes examining the laws, regulations, and the evidence used to make the initial decision. This includes looking over the medical record of the veteran as well as at times lay statements. The VA must provide the claimant with a Statement of Case that includes a list of all evidence that it has studied.
The statement should outline in clear language the reasoning behind the decision, and how it decided to interpret the laws and regulations that impacted the case. It should address 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 when the NOD was filed. However due to the VA backlog and backlog, the agency could delay the release of this document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about the basis of a rating or a claim for benefit.