How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of applying for veterans disability benefits may seem overwhelming. A veteran disability lawyer can help you navigate the process.
It is essential to locate a lawyer that limits their practice to disability cases, and only handles these cases at every level of appeal. This will ensure that you get the best legal representation.
Appeals
When the VA denies a claim, or fails to accept benefits, it permits the veteran or his spouse who survives to file an appeal. Even the most basic disability claim can make this a complicated and lengthy procedure. An attorney for veterans can help you understand your options and ensure you receive the benefits you deserve.
The most common reason why people make a claim for disability is that they are unhappy with their disability status. In this case, the lawyer can ensure that the evidence is sufficient to support an appropriate rating based on a disabling condition caused by or aggravated by military service.
A lawyer for veterans may be needed by those who have had to wait too long for their benefits. The lawyer can assist in determining what documents are missing and then submit the request for these documents to the VA.
A veteran disability lawyer can also ease the burden of dealing directly with the VA. This will allow you to focus on your health and other responsibilities that you may have. Some lawyers are veterans and this may result in a unique 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 option is a decision-review option that permits an experienced reviewer to examine the same evidence presented in the original claim and make a new determination. The senior reviewer has the option to either reverse or confirm the previous rating.
The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, but only one such conference is allowed. It is crucial to be prepared and present your case in a concise manner during this meeting. An attorney with expertise in veterans disability can help to prepare and take part in the informal conference.
Higher-level reviews are often used to correct mistakes made by the earlier reviewer in an appeal for disability that result in mistakenly interpreting evidence or committing errors in the law. The senior reviewer is able to alter a prior decision on the same claim in order to rectify these errors however only if the changes are advantageous to the person filing the claim.
The higher-level review can also result in a private hearing for the claimant which is an opportunity to connect with those who are reviewing the claim, and explain the arguments. A lawyer for meriden veterans disability attorney can help you determine 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 complaint within one year from the date the local office received the initial denial letter. The VA will examine your claim again and create an official statement of the case.
You should use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help to fill out the 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 advisable to be specific in order to help the VA understand what you think is wrong. Your attorney can assist you in deciding what evidence to include in the NOD. This could include statements from medical professionals, or the results of diagnostic tests.
If your appeal is rejected at this point, you can have it re-examined by a senior judge through an Higher Level Review. The process can take between 25 and about 25 months and you must be in contact with your attorney throughout the process. If the VA refuses to accept your claim, your lawyer may request an appeal before a fredericksburg veterans disability attorney Law judge to present evidence and testimony in person. Your attorney will draft your check should your claim be approved.
Statement of the Case
Congress has passed a variety of laws to ensure veterans receive compensation for injuries, illnesses and ailments they’ve experienced during their service. But the VA is a massive bureaucracy and it’s easy to become lost in the system. A veteran disability attorney can assist in navigating the process and offer much-needed assistance to claimants.
The VA must examine the case after a veteran has filed an Notice of Dispute at the local VA office. This includes looking into the laws, regulations and evidence used to make the original decision. This also includes looking at the medical records of the veterans and when necessary, lay statements. The VA must provide the applicant with an Statement of Case that includes a list of evidence that it has reviewed.
This statement should describe in plain language the reasoning behind its decision, as well as how it decided to interpret the laws and regulations that impacted the case. It should address all the contentions the claimant raised in his or her NOD.
The Veteran will receive the Statement of Case within 120 days of the date that the NOD was sent. Due to the VA backlog, it may take longer for the agency to issue the statement. If you’re a veteran seeking to appeal an appeal of a rating decision or claim for benefits, please contact a dunlap veterans disability attorney disability lawyer from Fusco, Brandenstein & Rada, P.C.