How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of getting veterans disability benefits can be a challenge. A lawyer for veterans can help you navigate the process.
It’s essential to choose a lawyer who restricts their law practice to disabilities and only handles those cases at all levels of appeal. This will ensure that you get the most effective representation.
Appeals
If the VA refuses to approve a claim or fails to accept benefits, it permits the veteran or his or her surviving spouse to appeal. It is a difficult and lengthy process that can be complicated even for the most simple disability claims. A veteran disability lawyer can assist you in understanding all your options and obtain the benefits you deserve.
The most common reason people are required to make an claim for disability is because they are not happy with the disability rating they have received. In this instance, the lawyer can make sure that the evidence is sufficient to support an appropriate rating based on a disability condition that is caused or exacerbated by military service.
A veterans disability lawyer could be needed by people who have waited too long to get their benefits. The lawyer can help determine what documents are missing and then submit a request to the VA for those records.
Having a veterans disability lawyer can relieve the burden of dealing with the VA away from your shoulders. This will give you the time to concentrate on your health, and any other obligations you might have. Some attorneys are foster city veterans disability lawsuit, and this can give them a unique compassion for their clients and increase the stakes in their cases. This can make a huge difference in the result of the appeal.
Higher-Level Reviews
Veterans have more options to appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to analyze the same evidence that was presented in the original claim, and make a new determination. The senior reviewer may confirm or reverse the previous decision to rate.
A veteran or their representative can request an informal meeting to discuss the case with the senior reviewer. However only one of these conferences is permitted. In this meeting, it is important to prepare and present your case’s details in a clear way. An attorney with expertise in veterans disability can help you prepare and participate at the informal conference.
The higher-level review is often used to correct errors made by the previous reviewer of an appeal for disability. For instance in the event that the previous reviewer misinterpreted evidence or made mistakes in the law. The senior reviewer can alter an earlier decision on the same claim to fix these types of mistakes but only if the modifications are beneficial for the applicant.
The more extensive review can result in a hearing for the applicant, which provides an opportunity to meet with those who are reviewing the claim, and explain their arguments. A veterans disability lawyer can assist in determining whether a personal hearing is required and prepare and present the evidence during the hearing.
Notice of Disagreement
After the VA has looked over your claim and come to a decision, you can file a notice of disagreement within one year from the date the local office sends you the original denial letter. The VA will review your case again and create an Statement of the Case.
If you want to file a dispute with the VA, you should fill out VA Form 21-958. An attorney for disabled people can help complete this form in a manner that is effective in contesting the decision. You don’t have to list every reason that you disagree with the decision; however, it is better to be specific so that the VA understands what exactly you believe is incorrect. Your attorney can provide guidance about the type of evidence you can submit to support the NOD, such as statements from medical professionals or the results of diagnostic tests.
If your appeal is denied at this stage, then you can ask to have it reviewed by a senior judge through an Higher Level Review. The process can take between 25 and up to 25 months, and you should be in contact with your lawyer throughout the process. If the VA refuses to accept your claim, your lawyer could request that a hearing be held before a pearl veterans disability lawyer Law Judge to present testimony and additional evidence in person. If your claim is ultimately granted, your attorney will prepare you for the check.
Statement of the Case
Congress has passed numerous laws to ensure that veterans receive compensation for injuries, illnesses and conditions they have suffered during their time of service. The VA is a large bureaucracy and it’s easy for people to become lost. A veteran disability lawyer can help those seeking assistance navigate the system and offer the assistance they need.
The VA must review the case following the time the veteran has filed an official Notice of Dispute with the local VA office. This includes looking into the regulations, laws, and the evidence used to make the initial decision. This includes looking over the medical record of the veteran as well as when necessary lay statements. The VA must provide the claimant with an official statement of the case that includes a list of all evidence it looked over.
This statement should describe in a clear manner the reasoning behind its decision, including how it decided to interpret the laws and regulations that impacted the case. It should address any claims made by the claimant in the NOD.
The Statement of the Case is typically sent to the veteran within 120 days of the date 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 attempting to appeal a decision on your rating or claim for benefits, you should contact a chaska veterans disability law Firm disability lawyer from Fusco, Brandenstein & Rada, P.C.