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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 veterans disability lawyer can help you navigate the procedure.
It's crucial to find a lawyer who has a limit on their practice to disability cases and exclusively handles these cases at each level of appeal. This will ensure that you're receiving the best legal representation.
Appeals
If the VA decides to deny or not approve a claim, the spouse of the deceased can file an appeal. This is a complicated 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.
A common reason why people file a disability claim is because they are not happy with their disability rating. In this case, a lawyer can ensure that all the evidence is in place to support a fair rating based on a debilitating condition caused by or aggravated by military service.
Another common reason for people to need a veterans disability lawyer is because they've been waiting too long for benefits. The lawyer can help determine what documents are not available, and then submit the request for these documents to the VA.
Having a veterans disability lawyer can take the burden of dealing with the VA away from you. This allows you to concentrate on your health and any other obligations that you may have. Some lawyers are veterans, and this can create an exceptional compassion for their clients. This can make a massive 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 disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to examine the same evidence that was presented in the original claim and make a fresh decision. The senior reviewer can choose to either confirm or reverse the previous rating.
A veteran or veterans disability their agent may ask for an informal meeting to discuss the case with the senior reviewer. However only one conference is allowed. It is essential to be prepared and provide 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 often used to correct errors made by the earlier reviewer in the case of a disability claim that result in misinterpreting evidence or making errors in the law. The senior reviewer can change a prior decision on the same claim in order to rectify these errors however only if the changes are beneficial to the applicant.
A personal hearing can also be scheduled for the claimant as a result of the review at a higher-level. This gives the claimant to meet the person who is reviewing their claim and discuss their arguments. A veterans disability lawyer can help determine whether it is necessary to request a private hearing, and also with preparing and presenting the evidence at the hearing.
Notice of Disagreement
After the VA has assessed your claim and issued an assessment, you may submit a notice of disagreement within one year from the date the local office sends you the original denial notice. The VA will review your case again and create an Statement of Case.
If you want to file a dispute, you should use VA Form 21-958. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. You don't need to list every reason why you disagree with the decision; however it is best to be specific so that the VA understands what exactly you believe to be wrong. Your attorney can advise you about the type of evidence you can submit in the NOD for example, statements from medical professionals or results of diagnostic tests.
If your appeal is not accepted at this point, you can have it re-examined again by a senior reviewer through a Higher Level Review. This could take up to 25 months, and it is important to have your attorney at with you every step of the process. If the VA refuses to accept your claim, your lawyer can request an appeal before a veterans disability law firm Law judge to present evidence and testimony in person. If your claim is ultimately granted, your lawyer will prepare you for the check.
Statement of the Case
Congress has passed many laws to ensure veterans receive compensation for injuries, illnesses and conditions they've endured during their time of service. However the VA is a massive bureaucracy that is easy to get lost in the system. A veteran disability lawyer can help applicants navigate the system and offer the assistance they need.
The VA must review the case after the veteran has filed an official Notice of Dispute with the local VA office. This includes examining the laws, regulations and evidence used in the initial decision. It also involves examining the medical records of the veteran and, if needed lay statements. The VA must provide the claimant with a Statement of Case, which contains a list of all the evidence it has examined.
The statement should state in plain language the reasoning behind its decision, including how it determined the law and regulations that affected the case. It should address the allegations that the claimant has made in his or her 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 who is appealing a rating decision or a claim for benefits, get in touch with a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.
