How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of applying for benefits for veterans disability can be overwhelming. The right attorney for veterans can help you navigate it from start to finish.
It’s important to locate a lawyer that limits their law practice to disabilities and only handles those cases at every level of appeal. This will ensure you receive the most effective representation.
Appeal
If the VA decides to deny or not consider a claim, the spouse or the veteran who is surviving can file an appeal. This is a complicated and lengthy procedure that can be complicated even with the simplest disability claims. A veteran disability lawyer can help you understand the options available to you and obtain the benefits you deserve.
One of the main reasons people have to submit a disability claim is that they are not happy with their disability status. In this situation, a lawyer can make sure that there is sufficient evidence to justify the appropriate rating based on a condition caused or made worse by military service.
A indianola veterans disability law firm disability lawyer could be required by those who have waited too long to get their benefits. The lawyer can help determine the missing documents and can then make a request to the VA to obtain those documents.
Having a veterans disability attorney can also take the burden of dealing with the VA away from your shoulders. This will allow you the time to concentrate on your health and any other obligations you have. Some attorneys are veterans, and this may result in a unique compassion for their clients. This can make a massive difference in the outcome of the appeal.
Higher-Level Reviews
Veterans can appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to analyze the same evidence as in the original claim, and make a new determination. The senior reviewer has the choice to either confirm or reverse the previous rating.
A veteran or their representative can arrange for an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is permitted. For this meeting it is important to prepare and present your case facts in a clear manner. An attorney who is specialized in veterans disability can help to prepare and take part in the informal conference.
The higher-level reviews are typically used to correct errors made by the previous reviewer of a disability claim. For example, if the earlier reviewer misinterpreted evidence, or made mistakes in the law. Senior reviewers can correct these errors by changing the previous decision however only if it is in the best interest of the claimant.
The more extensive review can result in a private hearing for the applicant, which provides an opportunity to meet with those who are reviewing the claim and present the arguments. A veterans disability lawyer can help determine whether the need for a personal hearing is justified and can also prepare and present evidence during the hearing.
Notice of Disagreement
Once the VA has assessed your claim and issued a decision, you are able to file a written notice of disagreement within one year from the date when the local office mails you its original denial letter. The VA will review your case again and create an official statement of the case.
You should make use of 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. It is not necessary to list every reason that you disagree with the decision. However it is best to be specific so that the VA knows exactly what you believe to be wrong. Your attorney can assist you in deciding which evidence to include in the NOD. This could be statements from medical professionals or results of diagnostic tests.
If your appeal is denied at this point, you can ask to have it reviewed by a senior judge through an Higher Level Review. This process could take up to up to 25 months, and you should be with your lawyer at all times. If the VA rejects your claim, your lawyer may request an appeal before an Veterans Law judge to present evidence and testimony in person. Your attorney will prepare your check should your claim be approved.
Statement of the Case
Congress has passed many laws to ensure davis veterans disability attorney receive compensation for injuries, illnesses and ailments they’ve experienced during their time of service. But, the VA is a massive bureaucracy and it’s easy to be lost within the system. A veteran disability lawyer can help applicants navigate the system and provide the much-needed assistance.
Once a veteran has filed a Notice of Disagreement with his her local VA office, the agency must conduct an examination of the case. This includes looking at the laws, regulations and the evidence used to make the initial decision. It also involves examining the medical records of the veteran as well as when necessary, lay statements. The VA must provide the claimant with an official statement of the case, which contains a list of all evidence that it has studied.
This statement should be simple and clear, and also explain the reasoning behind the decision, including the interpretation of the laws and regulations affecting the case. It should address all the contentions the claimant raised in the NOD.
The Statement of the Case is usually sent to the veteran within 120 days from the date that the NOD was filed. However due to the VA backlog it could take longer to issue this document. If you’re a veteran who is appealing a rating decision or a claim for benefits, you should contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.