Its History Of Veterans Disability Compensation
How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of getting veterans disability benefits can be a challenge. The right veterans disability attorney can help you navigate it from beginning to end.
It's essential to find an attorney that only has experience in disability law and who handles cases of this nature at all levels of appeal. This will ensure you receive the best legal representation.
Appeals
If the VA denies a claim, or does not accept benefits, it permits the veteran or or her surviving spouse to file an appeal. This is a complicated and time-consuming process that can be complicated even for the most basic disability claims. A veterans disability lawyers disability attorney can assist you in understanding your options and obtain the benefits you deserve.
The most common reason why people file a claim for disability is because they are unhappy with their disability rating. In this case, a lawyer can make sure that there's enough evidence to back an appropriate rating based on a condition caused or aggravated by military service.
A veterans disability lawyer may be required by those who have waited too long to get their benefits. The lawyer can help determine what documents are missing and then submit a request to the VA to obtain those documents.
A lawyer for veterans will also help you get rid of the burden of dealing directly with the VA. This will allow you the time to concentrate on your health and any other responsibilities you may have. Some attorneys are veterans themselves and this gives them a unique form of compassion for their clients and make them more invested 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) Veterans have more options to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to look at the same evidence as in the original claim and make a fresh determination. The senior reviewer can either confirm or reverse the previous rating decision.
The veteran or their representative can request a meeting with the senior reviewer to discuss the case, however, only one of these conferences is permitted. It is important to be prepared and be able to present your case in a concise manner at this time. A veterans disability attorney can help you prepare and participate in the informal conference.
The higher-level review is typically used to correct mistakes made by the previous reviewer of an appeal for disability. For instance when the previous reviewer misinterpreted the evidence or made errors in the law. Senior reviewers can correct these mistakes by reversing a previous decision but only if it is beneficial to the claimant's interests.
A hearing at a personal level can be scheduled for the applicant as a result of the review at a higher-level. This gives those seeking to be heard by the person who will be reviewing their claim and present their arguments. A veterans disability attorney can help determine whether or not a personal hearing is needed and prepare and present the evidence at the hearing.
Notice of Disagreement
Once the VA has looked over your claim and come to a decision, you can file a notice of disagreement within one year from the date when the local office mails you its original denial letter. The VA will review the claim once more and draft a Statement of the Case.
You should use VA Form 21-0958 to file a notice of disagreement. A disability attorney can help you fill out this form in a manner that is effective in contesting the decision. You don't need to list every reason that you disagree with the decision. However it is best to be specific in order that the VA knows exactly what you believe is incorrect. Your attorney can guide you on what evidence to submit in the NOD like statements from medical professionals or results of diagnostic tests.
If your appeal is rejected at this stage If you are denied, you can try again to get it reviewed by an experienced reviewer in form of an Higher-Level Review. This can take up to 25 months, and you must have your attorney at with you every step of the process. If the VA refuses to accept your claim, your attorney may request an appointment with a Veterans Law judge to present evidence and testimony in person. Your lawyer will draft your check in the event that your claim is approved.
Statement of the Case
Congress has passed numerous laws to ensure that veterans receive compensation for their injuries, illnesses and other ailments that they suffer during their service. However the VA is a massive bureaucracy that is easy to be lost within the system. A veteran disability lawyer can assist applicants navigate the system and provide the much-needed assistance.
The VA must review the case after a veteran has filed the Notice of Dispute to the local VA office. This includes looking into the regulations, laws and evidence used to make the initial decision. This includes looking over the medical record of the veteran as well as when necessary lay statements. The VA must send the claimant an official statement of the case that includes a list of all the evidence it has examined.
The statement should outline in a clear manner the reasoning behind the decision, as well as how it determined the law and regulations that affected the case. It should address the allegations raised by the claimant in his or her NOD.
The Statement of the Case is usually sent to the veteran within 120 days from when the NOD was filed. Due to the VA backlog it may take the agency longer to issue the statement. If you are a veteran appealing the decision of a rating agency or a claim for benefits, contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.
