How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of applying for veterans disability benefits may seem overwhelming. The right veterans disability attorney can assist you from beginning to end.
It’s essential to find an attorney that only practices disability law and handles cases of this nature at all levels of appeal. This will ensure you receive the best representation.
Appeals
If the VA denies a claim or does not allow benefits to be approved, it allows the veteran or his or the spouse who died to appeal. Even the most basic disability claims could make it difficult to navigate this complicated and time-consuming procedure. A veterans disability lawsuits disability attorney can assist you in understanding your options and help you get the benefits you deserve.
The most common reason people need to file a disability claim is because they are not content with their disability status. In this situation a lawyer can be sure that there’s enough evidence to justify an appropriate rating for a condition that is that is caused or worsened by military service.
Another reason that people tend to require a veteran disability lawyer is because they’ve been waiting too long for benefits. The lawyer can help determine what documents are missing and can then make a request to the VA to obtain those documents.
Having a veterans disability lawyer can take the burden of dealing with the VA away from you. This will give you the time to concentrate on your health, and any other responsibilities you may have. Some lawyers are veterans disability attorneys themselves and this can provide them a unique level of empathy with their clients and give them a greater stake in their cases. This can make a huge difference in the outcome of the appeal.
Higher-Level Reviews
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans with more options when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer examine the same evidence presented in the original claim, and then make a new decision. The senior reviewer is able to confirm or reverse the previous decision to rate.
A veteran or their representative may arrange for an informal conference to discuss the matter with the senior reviewer. However, only one conference is permitted. It is essential to be prepared and present the facts of your case in a clear manner at this meeting. A veterans disability attorney can help you prepare and take part in the informal conference.
Higher-level reviews are usually used to correct mistakes by the reviewer who was earlier in a disability claim that result in mistakenly interpreting evidence or committing errors in the law. The senior reviewer can alter the previous decision made on the same claim to rectify these mistakes but only if the changes are beneficial to the claimant.
The higher-level review can also result in a personal hearing for the applicant, which gives them the chance to connect with the person reviewing the claim, and explain the arguments. A veterans disability lawyer can assist in determining whether an individual hearing is necessary and also prepare and present evidence at the hearing.
Notice of Disagreement
Once the VA has reviewed your claim and made an assessment, you may file a notice of disagreement within one year from the date the local office has sent you the original denial letter. The VA will examine your claim again and create a Statement of the Case.
You must make use of 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 contesting the decision. It is not necessary to list 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 help you decide the evidence you should include in the NOD. This could be statements from medical professionals, or results of diagnostic tests.
If your appeal is denied at this point If you are denied, you can try again to have it reviewed by an experienced reviewer in form of A Higher-Level Review. The process can take between 25 and 25 months and you should be with your lawyer throughout the process. If the VA is unable to resolve your claim, your lawyer could request a hearing to be held before a Veterans Law Judge to present evidence and testimony in person. Your lawyer will prepare your check when your claim is accepted.
Statement of the Case
Congress has passed many laws to ensure veterans receive compensation for illnesses, injuries, and other ailments they’ve suffered during their time of service. However, the VA is a massive bureaucracy, and it’s easy to get lost in the system. A veteran disability attorney can help navigate the process and provide vital assistance to those seeking assistance.
The VA must review the case following the time a veteran has filed an official Notice of Dispute with the local VA office. This includes reviewing the laws, regulations and the evidence used in the initial decision. This includes looking over the medical records of the veteran as well as, if necessary lay statements. The VA must send the claimant an official statement of the case which includes a listing of all evidence it has reviewed.
The statement should be simple and clear, and also explain the reasoning behind the decision, as well as the interpretation of the law and regulations which affect the case. It should address any claims 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 received. However due to the VA backlog, the agency may take longer to mail this document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision about a rating or a claim for benefit.