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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 for veterans can help you navigate the procedure.
It's crucial to choose a lawyer who restricts their practice to disability cases and exclusively handles those cases at all levels of appeal. This ensures you're receiving the best legal representation.
Appeals
If the VA decides to deny or not approve a claim, either the veteran or the surviving spouse can appeal. Even the most basic disability claims could be a challenge for this lengthy and complicated procedure. A veteran's disability attorney can help you understand your options and ensure you receive the benefits you deserve.
One of the main reasons people file a disability claim is because they are not happy with their disability status. In this case, a lawyer can ensure that all the evidence is in place to support a valid rating based on a disabling condition that is caused or exacerbated by military service.
Another common reason for people to require a veteran disability lawyer is that they've been waiting too long for benefits. The lawyer can help determine what documents are not available, and then make an application for these records to the VA.
A veterans disability (gaejang.segen.co.kr published an article) lawyer can also relieve you of the burden of dealing directly with the VA. This will allow you to focus on your health and any other obligations you might have. Certain attorneys are veterans themselves which can give them a unique compassion for their clients. They also make them more invested in their cases. This could make a significant difference in the outcome of the appeal.
Higher-Level Reviews
Veterans have more options to appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review option that permits an experienced reviewer examine the same evidence provided in the original claim and make a fresh determination. The senior reviewer may confirm or reverse the previous rating decision.
A veteran or their representative may arrange for an informal conference to discuss the matter with the senior reviewer. However, only one conference is allowed. In this meeting it is essential to prepare and present your case's details in a clear way. A veteran disability attorney can assist you in preparing and take part in the informal conference.
The higher-level reviews are typically used to correct errors made by the previous reviewer of a disability claim. For instance when the previous reviewer misinterpreted the evidence or made errors in the law. The senior reviewer is able to alter a prior decision on the same claim in order to fix these types of errors, but only if those modifications are beneficial to the person filing the claim.
A personal hearing may be scheduled for the claimant as a consequence of the higher-level review. This is a chance for the applicant to meet with the person who is reviewing their claim and to present their case. A veterans disability lawyer can help you determine whether it's required to request a personal hearing, as well as with creating and presenting evidence at the hearing.
Notice of Disagreement
You can file a disagreement within one year from the day the local office received the original denial letter. The VA will review your case again and issue a Statement of the Case.
If you want to file a dispute, you should use VA Form 21-958. An attorney for disabled people can help to fill out the form correctly to ensure it is effective in contesting the decision. You don't need to list every reason you don't agree 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 provide guidance on the kind of evidence to include with the NOD, like statements from medical professionals or the results of diagnostic tests.
If your appeal is rejected at this stage, then you can have it reviewed again by a senior reviewer through a Higher Level Review. This process could take as long as 25 months and you should be in contact with your attorney throughout the process. If the VA rejects your claim, your attorney may request a hearing before an Veterans Law judge to present testimony and other evidence in person. If your claim is granted, your lawyer will prepare you for your check.
Statement of the Case
Congress has passed numerous laws to ensure that veterans receive compensation for ailments, injuries and illnesses incurred during service. The VA is a big bureaucracy and it's not difficult to become lost. A veteran disability attorney can help navigate the process and offer much-needed assistance to claimants.
The VA must review the case following the time a veteran has filed an official Notice of Dispute with the local VA office. This involves examining the laws, regulations and the evidence used to make the original decision. Also, it involves looking over the medical records of the veterans and in the event of a need lay statements. The VA must provide the applicant with an Statement of Case which includes a list with evidence it has analyzed.
This statement should explain clearly the reasoning behind its decision, and how it interpreted the laws and regulations that affected the case. It should address the issues that the claimant has made in his or her NOD.
The Veteran will receive the Statement of Case within 120 days of the date when the NOD was submitted. Due to the VA backlog, it may take longer for the agency to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision about a rating or a claim for benefits.
