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How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of applying for benefits for veterans disability can seem overwhelming. The right veterans disability attorney can help you navigate it from beginning to end.
It's crucial to find a lawyer who limits their practice to disability cases and only handles these cases at each level of appeal. This ensures that you're receiving the best legal representation.
Appeal
When the VA denies a claim or fails to approve benefits, it allows the veteran or or spouse who survives to appeal. This is a complex and lengthy procedure that can be complicated even for the simplest disability claims. A veterans disability attorney can assist you in understanding your options and obtain the benefits you deserve.
One common reason that people need to make an application for disability benefits is that they are not satisfied with their disability rating. In this situation, 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 required by those who have waited too long to get their benefits. The lawyer can assist in determining what documents are not available, and then submit a request for these records to the VA.
A lawyer for veterans' disability can also relieve you of the burden of dealing directly with the VA. This allows you to focus on your health and any other obligations you might have. Certain attorneys are veterans themselves and this can provide them a unique type of compassion for their clients. They also create a deeper investment in their cases. This can make a huge difference in the result of the appeal.
Higher-Level Reviews
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans disability lawsuits to have more options if they do not agree with VA decisions on their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer examine the same evidence that was presented in the original claim, and then make a new decision. The senior reviewer can confirm or reverse the previous decision to rate.
A veteran or their representative can request an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is allowed. It is crucial to be prepared and explain your case in a clear manner at this time. A veterans disability attorney can assist you in preparing and participate in the informal conference.
The higher-level reviews are typically used to correct mistakes made by the previous reviewer of a disability claim. For instance in the event that the previous reviewer misinterpreted the evidence or made mistakes in the law. Senior reviewers can correct these errors by altering the decision made previously but only if it is beneficial to the claimant's interests.
A hearing at a personal level can be arranged for the claimant as a consequence of the review at a higher level. This provides the claimant to meet with the person who is reviewing their case and to present their case. A lawyer who is a veteran can assist with determining whether it is necessary to request a private hearing, as well as preparing and presenting the evidence during the hearing.
Notice of Disagreement
You may file a complaint within one year from the day the local office received the original denial letter. The VA will review the case again and issue a Statement of the Case.
You must make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help complete this 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 best to be specific and help the VA know what you believe is wrong. Your attorney can help you on what evidence to submit with the NOD, for example, statements from medical professionals or the results of diagnostic tests.
If your appeal is denied at this point, you can ask to have it reviewed again by a senior reviewer through an Higher Level Review. This process could take up to up to 25 months, and you should be in contact with your attorney throughout the process. If the VA refuses to accept your claim, your lawyer could request that a hearing be held before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately accepted, your attorney will prepare you for veterans disability attorney your check.
Statement of the Case
Congress has passed a variety of laws to ensure veterans receive compensation for injuries, illnesses and other ailments they've suffered during their service. However, the VA is a massive bureaucracy and it's easy to get lost in the system. A veteran disability lawyer can assist in navigating the process and provide vital assistance for claimants.
Once a veteran has filed a Notice of Disagreement in his or her local VA office, the agency must conduct an investigation of the case. This includes examining the laws, regulations and evidence used to reach the initial decision. This includes reviewing the veteran's medical record and, if necessary lay statements. The VA must send the claimant a Statement of Case that includes a list of all evidence that it has examined.
This statement should be simple and clear, and also explain the reasoning for the decision, including the interpretation of the laws and regulations affecting the case. It should address all contentions the claimant raised in the NOD.
The Statement of the Case is usually sent to the veteran within 120 days from the date on which the NOD was filed. However due to the VA backlog, the agency may delay the release of this document. If you are a veteran who is appealing an appeal of a rating decision or claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.
