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How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of obtaining veterans disability benefits can be a challenge. A lawyer for veterans can help you navigate the procedure.
It is 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 ensures that you're receiving the best legal representation.
Appeals
When the VA denies a claim or does not allow benefits to be approved, it allows the veteran or his the spouse who died to file an appeal. This is a lengthy and time-consuming process that can be complicated, even for the most straightforward disability claims. A veteran disability lawyer can assist you in understanding all of your options and secure the benefits you deserve.
The most common reason why people declare a disability claim is because they are dissatisfied with their disability rating. In this instance an attorney can make sure that there is sufficient evidence to justify a rating that is appropriate based on a condition that is caused or worsened by military service.
Another reason that people tend to require a veterans disability lawyer is that they've waited too long to receive their benefits. The lawyer can help determine the missing documents and submit a request to the VA for those records.
A veterans disability attorneys disability lawyer will also help you get rid of the burden of dealing directly with the VA. This allows you to concentrate on your health and any other obligations that you may have. Some attorneys are veterans and this gives them a unique form of empathy for their clients and increase the stakes 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 if they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to analyze the same evidence provided in the original claim and make a new determination. The senior reviewer can either confirm or reverse the previous decision to rate.
A veteran or their representative could request an informal meeting to discuss the case with the senior reviewer. However, only one conference is permitted. For this meeting, it is important to prepare and present your case's information clearly. An attorney who is specialized in the field of veterans disability can assist to prepare and Veterans Disability take part in the informal conference.
The higher-level review is often used to correct mistakes made by the previous reviewer of the disability claim. For instance in the event that the previous reviewer misinterpreted evidence or committed mistakes in the law. The senior reviewer can alter the previous decision made on the same claim in order to fix these types of errors however only if those changes are beneficial to the applicant.
The more extensive review can result in a hearing for the claimant which is an opportunity to connect with those who are reviewing the claim and to explain the arguments. A lawyer for veterans can assist with determining whether it is required to request a personal hearing, and with creating and presenting evidence at the hearing.
Notice of Disagreement
You can file a dispute within one year from the day the local office mailed you the initial denial letter. The VA will then review your case again and create an official statement of the case.
You must use VA Form 21-0958 to file a notice of disagreement. 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 disagree with the decision. However it is better to be specific in order that the VA knows exactly what you believe to be incorrect. Your attorney can help you decide the evidence you should include in the NOD. These could be statements from medical professionals or results of diagnostic tests.
If your appeal is denied at this point, you can request that it be reviewed by a senior judge through a Higher Level Review. It could take as long as 25 months, and you must have your lawyer by your side every step of the procedure. If the VA rejects your claim, your attorney can request an appointment with a Veterans Law judge to present evidence and testimony in person. If your claim is granted, your attorney will prepare you for your check.
Statement of the Case
Congress has passed a number of laws to ensure veterans receive compensation for injuries, illnesses and ailments they've experienced during their service. The VA is a big bureaucracy and it's easy for people to become lost. A veteran disability lawyer can help people navigate the system and provide the assistance they need.
The VA must examine the case once a veteran has filed an official Notice of Dispute with the local VA office. This includes examining the regulations, laws, and evidence used in the initial decision. This includes looking over the medical record of the veteran as well as, if necessary lay statements. The VA must provide the claimant with an official statement of the case, which contains a list of all evidence it has looked over.
This statement should be in plain language and provide the reasoning behind the decision, as well as the interpretation of the regulations and laws that affect the case. It should address all contentions the claimant raised in the NOD.
The Statement of the Case is usually mailed to the veteran within 120 days from when the NOD was filed. Due to the VA backlog, it might take the agency longer to issue the statement. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision regarding an assessment or claim for benefits.
