How a veterans disability attorneys Disability Attorney Can Help You Get the Benefits You Deserve
The process of applying for veterans disability attorney benefits from veterans disability may appear overwhelming. The right veterans disability attorney can guide you from start to finish.
It’s crucial to locate an attorney who handles disability law and cases of this nature at all levels of appeal. This helps ensure you’ll be receiving the best representation.
Appeal
If the VA refuses to approve a claim or does not approve benefits, it gives the veteran or his spouse who survives to appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veterans disability attorney can assist you in understanding your options and get the benefits you deserve.
The most common reason for people to file a claim for disability is because they are unhappy with their disability rating. In this situation a lawyer can be sure that there is enough evidence to justify a rating that is appropriate in light of a condition that was caused or made worse by military service.
Another reason that people tend to seek out a veterans disability lawyer is that they’ve been waiting too long to get their benefits. The lawyer can help determine what documents are not available, and then make the request for these documents to the VA.
A veterans disability lawyer can relieve the burden of dealing with the VA away from your shoulders. This will allow you the time to focus on your health and any other obligations you have. Some lawyers are veterans, and this can create an unmatched empathy for their clients. This can make a big 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 then make a new decision. The senior reviewer has the choice to either affirm or reverse the previous rating.
A veteran or their representative could arrange for an informal conference to discuss the case with the senior reviewer. However only one conference is allowed. It is important to be prepared and provide the facts of your case in a clear manner at this time. A veterans disability attorney can assist you in preparing and participate in the informal conference.
Higher-level reviews are typically used to correct errors made by the earlier reviewer in a disability claim which could include not interpreting evidence correctly or making mistakes in the law. The senior reviewer may alter an earlier decision regarding the same claim in order to rectify these mistakes however only if the modifications are beneficial to the claimant.
The more extensive review can result in a personal hearing for the claimant, which gives them the chance to meet with those who are reviewing the claim and explain their arguments. A lawyer for veterans can help determine whether it’s necessary to request a personal hearing, and also with creating and presenting evidence during the hearing.
Notice of Disagreement
You can file a disagreement within one year from the date the local office mailed you the original denial letter. The VA will then review your claim again and create an Statement of the Case.
If you want to file a dispute, you should use VA Form 21-958. A disability lawyer can help you complete this form correctly to appeal the decision. It is not necessary to list every reason you don’t agree with the decision. However it is recommended to be specific in order that the VA can understand exactly what you believe is incorrect. Your attorney can help you determine what evidence to include in the NOD. These could be statements from medical professionals, or results from diagnostic tests.
If your appeal is rejected at this point You have a second chance to review it by an experienced reviewer in the form of a Higher-Level Review. This can take up to 25 months, and you should have your attorney by your side throughout the procedure. If the VA denies your claim your attorney may request a hearing before a Veterans Law judge to present evidence and testimony in person. If your claim is ultimately awarded, your attorney 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, veterans disability attorney injuries and illnesses incurred during service. But the VA is a massive bureaucracy and it’s easy to get lost in the system. A veteran disability lawyer can help applicants navigate the system and offer much needed assistance.
The VA must review the case after the veteran has filed an Notice of Dispute at the local VA office. This includes examining the regulations, laws and the evidence used to make the initial decision. This includes reviewing the medical records of the veteran as well as in the event of a need lay statements. The VA must provide the applicant with the Statement of Case that includes a list of evidence that it has reviewed.
The declaration should be written simple and clear, and also explain the reasoning of the decision, which should include the interpretation of the laws and regulations that affect the case. It should address all claims made by the plaintiff in his or her NOD.
The Statement of the Case is typically mailed to the veteran within 120 days from the date on which the NOD was filed. However, due to the VA backlog, the agency may 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 over a rating or a claim for benefit.