How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of getting veterans disability benefits can be overwhelming. A qualified veterans disability lawyer can guide you from beginning to end.
It’s important that you locate an attorney who is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure that you get the best legal representation.
Appeals
If the VA denies a claim or does not accept benefits, it permits the veteran or or her surviving spouse to file an appeal. This is a lengthy and lengthy process that can be complicated even with the most simple disability claims. An attorney for veterans can assist you in understanding your options and help you get the benefits you deserve.
A common reason people make a claim for disability is because they are dissatisfied with their disability rating. In this situation, the lawyer can make sure that the evidence is sufficient to support a fair rating based on a disabling condition caused or exacerbated by military service.
A veterans disability lawyer may be required 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 veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This will give you the time to concentrate on your health, as well as any other obligations you might have. Some attorneys are veterans, and this may result in an innate empathy for their clients. This can make a major difference in the outcome of the appeal.
Higher-Level Reviews
Veterans have more options to appeal VA decisions if they disagree. The Higher-Level Review is a decision review option that allows a senior reviewer to examine the same evidence that was presented in the original claim, and then make an additional decision regarding the case. The senior reviewer is able to confirm or reverse the previous rating decision.
The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, however, only one such conference is allowed. It is crucial to be prepared and explain the facts of your case in a concise manner at this meeting. A lawyer for veterans may assist you in preparing and take part in the informal conference.
Higher-level reviews are typically used to correct errors made by the earlier reviewer in a disability case which could include mistakenly interpreting evidence or committing errors in the law. The senior reviewer can alter an earlier decision regarding the same claim in order to fix these types of errors however only if those modifications are beneficial to the claimant.
A personal hearing could be scheduled for the claimant as a consequence of the review at a higher-level. This provides the claimant to meet with the person reviewing their claim and to present their case. A veterans disability lawyer can help you determine whether or not it’s required to request a personal hearing, as well as making and presenting the evidence at the hearing.
Notice of Disagreement
After the VA has reviewed your claim and made a decision, you are able to make a formal notice of disagreement within one year of the date on which the local office gives you its original denial letter. The VA will then review your claim again and issue a Statement of Case.
If you want to file a dispute, you should use VA Form 21-958. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. You don’t have to list every reason why you are not with the decision. However it is better to be specific so that the VA can understand exactly what you believe to be wrong. Your attorney can help you decide what evidence to include in the NOD. These could be statements from medical professionals or the results of diagnostic tests.
If your appeal is rejected at this point There is a second chance to get it reviewed by a senior reviewer in form of A Higher-Level Review. This process can take approximately 25 months. You should be with your lawyer throughout the process. If the VA refuses to accept your claim, your lawyer could request a hearing to be held before an Veterans Law Judge to present evidence and testimony in person. Your attorney will prepare your check in the event that your claim is approved.
Statement of the Case
Congress has written extensive laws to make sure that veterans are compensated for injuries, illnesses and conditions suffered during service. However, the VA is a huge bureaucracy, and it’s easy to be lost within the system. A veteran disability lawyer can assist claimants navigate the system and offer the much-needed assistance.
The VA must examine the case once the veteran has filed an official Notice of Dispute with the local VA office. This includes looking at the regulations, laws and the evidence used to make the initial decision. Also, it involves looking over the veteran’s medical records and in the event of a need lay statements. The VA must send the claimant a Statement of the Case which is a list of all evidence it has studied.
The declaration should be written in plain language and provide the reasoning for the decision, including the interpretation of the laws and regulations that affect the case. It should address all the claims made by the plaintiff in the NOD.
The Statement of the Case is typically mailed to the veteran within 120 days from the date the NOD was filed. However due to the VA backlog the agency might delay the release of this document. If you’re a veteran appealing the decision of a rating agency or a claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.
