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How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of submitting an application for veterans disability benefits may be overwhelming. A qualified veterans disability lawyer can assist you from beginning to end.
It's essential to find an attorney that only handles disability law and these cases at all levels of appeal. This ensures that you're getting the best representation.
Appeal
When the VA refuses to approve a claim or does not approve benefits, it gives the veteran, or his or spouse who is surviving to appeal. This is a complex and lengthy procedure that can be complicated, even for the most straightforward disability claims. A veteran disability lawyer can assist you in understanding your options and ensure you receive the benefits you deserve.
A common reason why people declare a disability claim is that they are unhappy with their disability rating. In this situation an attorney can make sure that there is enough evidence to back the proper rating based on a condition caused or made worse by military service.
A veterans disability lawyer may be needed by people who have been waiting too long to receive their benefits. The lawyer can assist in determining the missing documents and can then make a request to the VA for the relevant records.
A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will allow you the time to focus on your health, as well as any other obligations you have. Certain attorneys are veterans disability law firms and this may result in a unique empathy for their clients. This can make a big difference in the outcome of the appeal.
Higher-Level Reviews
Veterans are able to appeal VA decision if they disagree. The Higher-Level Review is a decision review option that permits senior reviewers to examine the same evidence presented in the original claim and then make an additional decision regarding the case. The senior reviewer is able to either reverse or confirm the previous rating.
A veteran or their representative may arrange for an informal conference to discuss the case with the senior reviewer. However only one of these conferences is permitted. It is important to be prepared and present your case in a clear manner at this meeting. An attorney that specializes in the field of disability for veterans can help to prepare and take part in the informal conference.
The higher-level review is typically used to correct mistakes made by the previous reviewer of the disability claim. For example when the previous reviewer misinterpreted the evidence or made mistakes in the law. Senior reviewers can correct these errors by changing a previous decision, but only when it is in the claimant's best interest.
A hearing at a personal level can be scheduled for the claimant in the wake of the higher-level review. This provides the applicant to meet with the person who will be reviewing their claim and discuss their arguments. A veterans disability law firms disability lawyer can assist with determining whether or not it is required to request a personal hearing, and also with preparing and presenting the evidence at the hearing.
Notice of Disagreement
After the VA has looked over your claim and come to an assessment, you may file a written notice of disagreement within one year from the date on which the local office mails you the initial denial letter. The VA will then review your claim again and issue a Statement of Case.
To file a complaint with the VA, you should fill out VA Form 21-958. A disability attorney can assist to fill out the form in a manner that is effective in contesting the decision. You don't have to list every reason why you disagree with the decision. However it is better to be specific so that the VA understands what exactly you believe is incorrect. Your attorney can help you decide which evidence to include in the NOD. This could include statements from medical professionals or results of diagnostic tests.
If your appeal is rejected at this point, you have another chance to get it reviewed by a senior reviewer in form of an Higher-Level Review. The process can take between 25 and 25 months and you should be in contact with your attorney throughout the process. If the VA is unable to resolve your claim, your lawyer may request that a hearing be conducted before a Veterans Law Judge to present evidence and testimony in person. Your attorney will draft your check if your claim is awarded.
Statement of the Case
Congress has written extensive laws to ensure that veterans are paid for their injuries, illnesses and conditions caused by their service. However, the VA is a huge bureaucracy and it's easy to get lost in the maze of regulations. A veteran disability lawyer can assist in navigating the process and offer much-needed assistance for those who are seeking benefits.
The VA must examine the case after the veteran has filed the Notice of Dispute to the local VA office. This includes examining the regulations, laws, and evidence used in the initial decision. It also involves examining the medical records of the veteran and in the event of a need lay statements. The VA must provide the claimant with an official statement of case which includes a list with evidence that it has reviewed.
This statement should describe in plain language the reasoning behind the decision, as well as how it determined the law and regulations that affected the case. It should address the allegations that the claimant has made 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 attempting to appeal an appeal of a rating decision or claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.
