How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of obtaining veterans disability benefits can be a challenge. A qualified veterans disability lawyer can guide you from beginning to end.
It is essential to find a lawyer who limits their law practice to disability cases, and only handles these cases at every level of appeal. This ensures that you’re receiving the best representation.
Appeals
If the VA decides to deny or not approve a claim, the spouse of the deceased or veteran may appeal. It is a difficult and lengthy process that can be complicated even by the simplest disability claims. A veterans disability attorney can help you understand your options and help you get the benefits you deserve.
The most common reason for people to submit a claim for disability is because they are dissatisfied with their disability status. In this situation lawyers can make sure that there is sufficient evidence to support an appropriate rating based on a condition caused or aggravated by military service.
Another common reason for people to seek out a veterans disability lawyer is because they’ve been waiting too long to get their benefits. The lawyer can assist in determining the missing documents, and then submit an inquiry for these records to the VA.
A veteran disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will let you concentrate on your health and any other obligations you might have. Certain attorneys are veterans and Veterans Disability this can result in a unique compassion for their clients. This can make a major difference in the result of the appeal.
Higher-Level Reviews
Veterans are able to appeal VA decision if they disagree. 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, Veterans Disability and make a fresh determination. The senior reviewer can confirm or reverse the previous decision to rate.
A veteran or their representative could arrange for an informal conference to discuss the case with the senior reviewer. However, only one conference is permitted. It is crucial to be prepared and be able to present the facts of your case in a concise manner at this time. An attorney who is specialized in veterans ‘ disability can help to prepare and take part in the informal conference.
Higher-level reviews are typically utilized to correct errors made by the earlier reviewer in an appeal for disability for example, failing to interpret evidence or making mistakes in the law. The senior reviewer is able to alter an earlier decision on the same claim in order to fix these types of errors however only if those changes are advantageous to the applicant.
The more extensive review can result in a private hearing for the claimant which provides an opportunity to speak with the person who is reviewing the claim and explain the arguments. A veterans disability (his comment is here) lawyer can assist in determining whether an individual hearing is necessary and can also prepare and present evidence at the hearing.
Notice of Disagreement
You can file a dispute within one year from the day the local office mailed you the original denial letter. The VA will then review your case once more and prepare an official statement of the case.
If you want to file a dispute, you should use VA Form 21-958. A disability lawyer can help complete this form in a manner that is effective in contesting the decision. You don’t have to list every reason why you are not with the decision. However it is best to be specific in order that the VA knows exactly what you believe to be wrong. Your attorney can assist you in deciding what evidence to include in the NOD. These could be statements from medical professionals or the results of diagnostic tests.
If your appeal is denied at this point, you have another chance to have it reviewed by an experienced reviewer in the form of an Higher-Level Review. This could take anywhere from 25 months, and you should have your attorney at your side every step of the process. If the VA refuses to accept your claim, your lawyer can request a hearing before an Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately awarded, your attorney will prepare you for the check.
Statement of the Case
Congress has written extensive laws to ensure that veterans are paid for their ailments, injuries and illnesses that they suffer during their service. However, the VA is a massive bureaucracy that is easy to get lost in the system. A veteran disability lawyer can help navigate the process and provide vital assistance for claimants.
If a veteran files a Notice of Disagreement in his or her local VA office, the VA must conduct a review of the case. This includes examining the laws, regulations and evidence used in the original decision. This includes reviewing the medical record of the veteran as well as when necessary lay statements. The VA must provide the applicant with an official statement of case which contains a list of evidence that it has reviewed.
The statement should outline in plain language the reasoning behind its decision, as well as how it decided to interpret the laws and regulations that affected the case. It should address the allegations raised 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 received. Due to the VA backlog, it might take the agency longer to issue the statement. If you are a veteran who is appealing an appeal of a rating decision or claim for benefits, please contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.