How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of submitting an application for veterans disability benefits can be overwhelming. A qualified veterans disability lawyer will guide you from beginning to end.
It is essential to find an attorney that only is skilled in disability law and can handle these cases at all levels of appeal. This will ensure you receive the best representation.
Appeals
If the VA decides to deny or not consider a claim, the spouse of the deceased or veteran can appeal. Even the most basic disability claim can complicate this complex and time-consuming procedure. A veterans disability lawyer can assist you in understanding the various options available and help you get the benefits you deserve.
A common reason people file a claim for disability is that they are not satisfied with their disability rating. In this case a lawyer can be sure that there is sufficient evidence to back the proper rating in light of a condition that was caused or made worse by military service.
A veterans disability lawyer may be required by those who have waited too long to get their benefits. The lawyer can assist in determining what documents are missing and then submit a request to the VA to obtain those documents.
A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This will allow you to focus on your health and other obligations you might have. Some attorneys are veterans which can give them a unique level of empathy for their clients and give them a greater stake in their cases. This can make a big difference in the result of the appeal.
Higher-Level Reviews
veterans disability attorneys have more recourse options to appeal VA decision if they disagree. The Higher-Level Review option is a decision-review option that permits an experienced reviewer examine the same evidence that was presented in the original claim, and make a new determination. The senior reviewer may confirm or reverse the previous decision to rate.
A veteran or their representative can request an informal meeting to discuss the case with the senior reviewer. However, only one of these conferences is permitted. At this conference it is essential to prepare and present your case’s details in a clear way. A veterans disability attorney can help you prepare for and take part in the informal conference.
Higher-level reviews are often used to correct mistakes made by the reviewer who was earlier in a disability claim that result in not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these mistakes by altering the decision made previously however only if it is beneficial to the claimant’s interests.
The higher-level review could result in a hearing for the applicant, which gives the claimant an opportunity to speak with those who are reviewing the claim, and explain their arguments. A veterans disability lawyer can help you determine whether it’s required to request a personal hearing, and also with making and presenting the evidence during the hearing.
Notice of Disagreement
Once the VA has examined your claim and reached a decision, you can file a written notice of disagreement within one year from the date that the local office sends you the initial denial letter. The VA will review the claim again and issue a Statement of Case.
You must utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist to fill out the form correctly to ensure it is effective in contesting the decision. You don’t have to include every reason why you disagree with the decision; however it is best to be specific so that the VA can understand exactly what you believe to be wrong. Your attorney can advise you on what evidence to submit in the NOD such as statements from medical professionals or results of diagnostic tests.
If your appeal is rejected at this point You have a second chance to review it by an experienced reviewer in the form of a Higher-Level review. The process can take between 25 and 25 months and you should be in contact with your attorney at every step. If the VA denies 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 granted, your attorney will prepare you for your check.
Statement of the Case
Congress has passed a variety of laws to ensure that veterans receive compensation for injuries, illnesses, and other conditions caused by their service. But, the VA is a massive bureaucracy and it is easy to get lost in the system. A veteran disability lawyer can assist those seeking assistance navigate the system and offer the assistance they need.
The VA must examine the case once the veteran has filed an Notice of Dispute at the local VA office. This involves examining the laws, regulations and the evidence used to make the initial decision. This also includes looking at the veteran’s medical records and in the event of a need, lay statements. The VA must provide the applicant with a Statement of Case, which includes a list of evidence it has analyzed.
The declaration should be written simple and clear, and also explain the reasoning behind the decision, including the interpretation of the law and regulations that affect the case. It should address the claims made by the claimant in the NOD.
The Statement of the Case is usually mailed to the veteran within 120 days from the date the NOD was filed. However due to the VA backlog it could take longer to issue the document. If you are a veteran attempting to appeal the decision of a rating agency or a claim for benefits, please contact a veterans disability law firm disability lawyer from Fusco, Brandenstein & Rada, P.C.
