How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of submitting an application for veterans disability benefits can be overwhelming. The right veterans disability attorney can assist you from beginning to end.
It is essential to locate a lawyer that limits their law practice to disability cases and exclusively handles those cases at every stage of appeal. This ensures that you’re getting the best representation.
Appeals
When the VA refuses to approve a claim or does not allow benefits to be approved, it allows the veteran or his or the spouse who died to file an appeal. This is a complicated and time-consuming process that can be complicated even by the simplest disability claims. An attorney for veterans can assist you in understanding your options and ensure you receive the benefits you deserve.
A common reason why people file an claim for disability is because they are unhappy with their disability ratings. In this instance, the lawyer can ensure that the evidence is there to support an appropriate rating based on a disability condition caused by or aggravated by military service.
A veterans disability lawyer could be needed by people who have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing, and then make an inquiry for these records to the VA.
A veteran disability attorney can also help you deal with the VA away from you. This will let you focus on your health and any other responsibilities that you may have. Certain attorneys are veterans and this can result in an innate empathy for their clients. 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) provides veterans with more options to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits the senior reviewer to look at the same evidence that was presented in the original claim and make an additional decision on the case. 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 conference is allowed. It is important to be prepared and explain your case in a concise manner at this meeting. A lawyer for veterans may help you prepare and take part in the informal conference.
The higher-level review is often used to correct mistakes made by the previous reviewer of a disability claim. For instance when the previous reviewer misinterpreted the evidence or made errors in the law. Senior reviewers can correct the errors by changing a previous decision however only if it is in the best interest of the claimant.
A personal hearing may be arranged for the applicant as a result of the review at a higher-level. This gives the claimant to meet the person who is reviewing their case and discuss their arguments. A lawyer who is a veteran can assist with determining whether it’s required to request a personal hearing, and also with making and Vimeo.Com presenting the evidence at the hearing.
Notice of Disagreement
You may file a complaint within one year from the day the local office received the initial denial letter. The VA will review the case once more and draft a Statement of the Case.
You should make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist to fill out the form correctly to appeal the decision. It is not necessary to list every reason that you disagree with the decision. However it is best to be specific so that the VA understands what exactly you believe to be incorrect. Your attorney can help you determine the evidence you should include in the NOD. This could include statements from medical professionals, or results from diagnostic tests.
If your appeal is rejected at this stage, then you can ask to have it reviewed by a senior judge through a Higher Level Review. It could take as long as 25 months, and it is important to have your attorney at your side every step of the procedure. If the VA continues to deny your claim, your lawyer may request a hearing to be conducted before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is granted, your attorney will prepare you for your check.
Statement of the Case
Congress has passed a variety of laws to ensure veterans receive compensation for illnesses, injuries and ailments they’ve experienced during their time of service. However, the VA is a huge bureaucracy, and it’s easy to become lost in the system. A veteran disability attorney can assist in navigating the process and provide much-needed assistance to those seeking assistance.
Once a veteran files a Notice of Disagreement with his or her local VA office, the agency must conduct an examination of the case. This includes looking at the regulations, laws and evidence used in making the original decision. This includes looking over the medical records of the veteran as well as, if necessary lay statements. The VA must provide the claimant with an Statement of Case which includes a list with evidence that it has reviewed.
The statement should be written in plain English and should explain the reasoning behind the decision, as well as the interpretation of the regulations and laws relevant to the case. It should address all the contentions the claimant raised in the NOD.
The Statement of the Case is usually sent to the veteran within 120 days of the date on which the NOD was filed. However, due to the VA backlog the agency might take longer to mail this document. If you’re a veteran appealing an appeal of a rating decision or claim for benefits, get in touch with a lawyer for fraser veterans disability lawsuit disability from Fusco, Brandenstein & Rada, P.C.
