How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of getting veterans disability benefits can be overwhelming. A lawyer who is a tarpon springs Veterans disability lawyer (vimeo.com) disability attorney can guide you through the procedure.
It’s important to choose a lawyer who restricts their practice to disability cases, and only handles those cases at every stage of appeal. This will ensure you receive the best representation.
Appeals
When the VA decides to deny or not approve a claim, the veteran or the surviving spouse may appeal. Even the most basic disability claim can make this a complicated and lengthy procedure. A veterans disability lawyer can help you understand the options available to you and secure the benefits you deserve.
A common reason people file a claim for disability is because they are unhappy with their disability status. In this instance, a lawyer can make sure that there’s enough evidence to support the appropriate rating in light of a condition that was caused or made worse by military service.
A veterans disability lawyer could be needed by people who have waited too long to get their benefits. The lawyer can assist in determining the missing documents, and then make an inquiry for these records to the VA.
The help of a veterans disability lawyer can relieve the burden of dealing with the VA away from your shoulders. This will allow you the time to focus on your health and any other responsibilities you may have. Some lawyers are veterans 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 have more recourse 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 to look at the same evidence presented in the original claim and make a fresh determination. The senior reviewer has the choice to either confirm or reverse the previous rating.
A veteran or their representative may request an informal conference to discuss the matter with the senior reviewer. However only one conference is permitted. It is important to be prepared and provide your case in a concise manner at this meeting. A lawyer for fort morgan veterans disability lawyer may assist you in preparing and participate in the informal conference.
Higher-level reviews are typically used to correct mistakes by the reviewer who was earlier in a disability case that result in failing to interpret evidence or making mistakes in the law. Senior reviewers can correct these mistakes by reversing a previous decision but only if it is in the best interest of the claimant.
The higher-level review could result in a personal hearing for the claimant, which gives them the chance to speak with the person reviewing the claim and explain their arguments. A veteran disability lawyer can assist in determining whether or not a personal hearing is required and also prepare and present evidence for the hearing.
Notice of Disagreement
After the VA has looked over your claim and come to a decision, you can submit a notice of disagreement within one year of the date on which the local office has sent you the original denial letter. The VA will review your claim once more and draft an official statement of the case.
To file a disagreement, you should use VA Form 21-958. A disability lawyer can help to fill out the form correctly to appeal the decision. You do not have to list all the reasons you do not agree with the VA’s decision but it is important to be specific and help the VA know what you believe is wrong. Your attorney can provide guidance on what evidence to submit along with the NOD, including statements from medical professionals or the results of diagnostic tests.
If your appeal is denied at this point, you have another chance to get it reviewed by an experienced reviewer in the form of a 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 could request that a hearing be held before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is awarded, your attorney will prepare you for the check.
Statement of the Case
Congress has passed a variety of laws to ensure pasco veterans disability law firm receive compensation for illnesses, injuries, and other ailments they’ve suffered during their time of service. The VA is a big bureaucracy and it’s easy to get lost. A veteran disability lawyer can assist those seeking assistance navigate the system and offer the much-needed assistance.
If a veteran files a Notice of Disagreement to his or her local VA office, the VA must conduct an investigation of the case. This includes looking into the laws, regulations, and the evidence used in the initial decision. This includes looking over the medical records of the veteran as well as when necessary lay statements. The VA must provide the claimant with a Statement of Case, which includes a list of evidence it has analyzed.
The statement should outline in clear language the reasoning behind the decision, and how it determined the law and regulations that affected the case. It should address the claims made by the claimant in his or her NOD.
The Statement of the Case is typically mailed to the veteran within 120 days of the date that the NOD was filed. However due to the VA backlog it could delay the release of this document. If you’re a veteran attempting to appeal an appeal of a rating decision or claim for benefits, contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.
