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How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of getting veterans disability benefits can be a challenge. A lawyer who is a veterans disability attorney can help you navigate the process.
It's essential to find an attorney who only 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 representation.
Appeal
When the VA denies or does not consider a claim, the spouse of the deceased can file an appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veteran disability lawyer can help you understand all your options and Veterans obtain the benefits you deserve.
One common reason that people are required to declare an claim for disability is because they are not happy with their disability rating. In this instance, the lawyer can ensure that the evidence is in place to support a fair rating based on a disabling condition caused or exacerbated by military service.
A veterans disability lawyer could 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 submit a request the VA for those records.
A veterans disability attorney can also alleviate the burden of dealing with the VA away from you. This will give you the time to focus on your health and any other obligations you might have. Some lawyers are veterans themselves and this can provide them a unique type of empathy with their clients and Veterans increase the stakes in their cases. This can make a big difference in the outcome of the appeal.
Higher-Level Reviews
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) Veterans have more options if they do not agree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that allows an experienced reviewer to look at the same evidence that was presented in the original claim and make a fresh decision. The senior reviewer may affirm or reverse the previous decision to rate.
The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, but only one such meeting is allowed. It is crucial to be prepared and present your case in a concise manner during this meeting. An attorney that specializes in veterans disability can help you prepare for and participate in the informal conference.
Higher-level reviews are typically used to correct mistakes made by the previous reviewer on the case of a disability claim for example, misinterpreting evidence or making errors in the law. The senior reviewer can change the previous decision made on the same claim in order to correct these kinds of mistakes however only if the modifications are beneficial for the claimant.
A personal hearing may be arranged for the claimant in the wake of the review at a higher level. This gives the applicant to meet with the person who will be reviewing their claim and explain the arguments. A veteran disability lawyer can help determine whether a personal hearing is required and prepare and present evidence during the hearing.
Notice of Disagreement
You may file a dispute within one-year of the date the local office mailed you the original denial letter. The VA will then review your case once more and prepare a Statement of the Case.
If you want to file a dispute, you should use VA Form 21-958. A disability lawyer can help you fill out the form correctly to appeal the decision. You don't need to list every reason why you are not with the decision. However it is best to be specific in order that the VA understands what exactly you believe to be wrong. Your attorney can assist you in deciding what evidence to include in the NOD. This could be statements from medical professionals or results of diagnostic tests.
If your appeal is denied at this stage There is a second chance to review it by an experienced reviewer in form of a Higher-Level review. This process can take about 25 months and you must be in contact with your attorney at every step. If the VA continues to deny your claim, your lawyer can request that a hearing be held before an veterans disability lawyers Law Judge to present testimony and additional evidence in person. Your lawyer will draft your check when your claim is accepted.
Statement of the Case
Congress has passed many laws to ensure that veterans receive compensation for illnesses, injuries and ailments they've experienced during their time of service. The VA is a massive bureaucracy and it's easy for people to get lost. A veteran disability lawyer can help people navigate the system and offer the much-needed assistance.
The VA must examine the case once a veteran has filed a Notice of Dispute with the local VA office. This includes examining the laws, regulations and evidence used in the initial decision. This includes looking over the veteran's medical record and when necessary, lay statements. The VA must provide the applicant with a Statement of Case, which includes a list with evidence it has analyzed.
The statement should be written in plain English and should explain the reasoning behind the decision, as well as the interpretation of the regulations and laws affecting the case. It should address any claims made by the plaintiff in the NOD.
The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was submitted. Due to the VA backlog, it may take longer for the agency to issue the document. If you are a veteran seeking to appeal a rating decision or a claim for benefits, get in touch with a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.
