How a chubbuck veterans disability attorney Disability Attorney Can Help You Get the Benefits You Deserve
The process of applying for benefits from veterans disability may appear overwhelming. A veteran disability lawyer can help you navigate the process.
It’s essential to find an attorney who only is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure you receive the most effective representation.
Appeals
When the VA denies or does not approve a claim, either the spouse of the deceased may appeal. It is a difficult and lengthy process that could be complicated, even for the most straightforward disability claims. A veterans disability lawyer can help you understand the various options available and secure the benefits you deserve.
The most common reason people make a claim for disability is because they are unhappy with their disability status. In this situation, the lawyer can ensure that all the evidence is in place to support a valid rating based on a disabling condition caused by or aggravated by military service.
A veterans disability lawyer may be required by those who have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are not available, and then make an application for these records to the VA.
A veteran disability lawyer can relieve the burden of dealing with the VA away from your shoulders. This will allow you to concentrate on your health and other responsibilities that you may have. Some attorneys are veterans, and this may result in an innate empathy for their clients. This could make a significant difference in the outcome of the appeal.
Higher-Level Reviews
Veterans can appeal VA decision if they disagree. The Higher-Level Review is a decision review option that allows senior reviewers to examine the same evidence presented in the original claim, and then make an entirely new decision in the case. The senior reviewer has the option to either affirm or reverse the previous rating.
The individual or the representative of the veteran can ask for an informal conference with the senior reviewer to discuss the case, but only one such meeting is allowed. At this conference, it is important to prepare and present your case’s information clearly. An attorney for veterans can help you prepare and take part in the informal conference.
The higher-level review is typically used to correct errors made by the previous reviewer of an appeal for disability. For instance an earlier reviewer misinterpreted the evidence or made mistakes in the law. Senior reviewers are able to correct these mistakes by reversing a previous decision however only when it is in the best interests of the claimant.
The more extensive review can result in a personal hearing for the claimant, which is an opportunity to connect with the person reviewing the claim and explain their arguments. A lawyer for Port Chester Veterans Disability Attorney can assist with determining whether it’s necessary to request a personal hearing, and with making and presenting the evidence during the hearing.
Notice of Disagreement
You may file a dispute within one year from the day the local office mailed you the original denial letter. The VA will then review your claim once more and draft a Statement of Case.
You should use VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist you fill out this form in a manner that is effective in appealing the decision. It is not necessary to list all the reasons you disagree with the VA’s decision but it is best to be specific in order to help the VA understand what you think is wrong. Your attorney can guide you on what evidence to submit along with the NOD, such as statements from medical professionals or the results of diagnostic tests.
If your appeal is denied at this stage There is a second chance to review it by an experienced reviewer in the form of a Higher-Level Review. This could take anywhere from 25 months, and you should have your attorney at your side every step of the way. If the VA continues to deny your claim, your lawyer could request that a hearing be conducted before a Veterans Law Judge to present evidence and testimony in person. If your claim is awarded, your attorney will prepare you for the check.
Statement of the Case
Congress has passed numerous laws to make sure that veterans are compensated for injuries, illnesses, and other conditions incurred during service. The VA is a big bureaucracy and it’s easy to become lost. A veteran disability lawyer can help those seeking assistance navigate the system and provide the much-needed assistance.
The VA must examine the case after a veteran has filed an official Notice of Dispute with the local VA office. This involves examining the laws, regulations and evidence used to make the original decision. This includes looking over the medical record of the veteran as well as, if necessary, lay statements. The VA must provide the claimant with an official statement of case which includes a list with evidence that it has examined.
The statement should state in plain language the reasoning behind the decision, including how it decided to interpret the laws and regulations that impacted the case. It should address the allegations made by the claimant in his or her NOD.
The Veteran will receive the Statement of Case within 120 days of the date that the NOD was submitted. Due to the VA backlog, it could take longer for the agency to issue the statement. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision regarding the amount of your rating or a claim for benefits.