How a
Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of obtaining veterans disability benefits can be overwhelming. A lawyer who is a veterans disability attorney can help you navigate the procedure.
It is essential to find a lawyer who has a limit on their practice to disability cases and exclusively handles these cases at all levels of appeal. This will ensure you receive the best representation.
Appeal
If the VA denies a claim, or fails to approve benefits, it allows the veteran, or his or the spouse who died to file an appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veteran disability lawyer can help you understand all your options and secure the benefits you deserve.
A common reason for people to declare a disability claim is that they are unhappy with their disability status. In this case an attorney can make sure there is enough evidence to justify an appropriate rating for a condition that is that is caused or worsened by military service.
A veteran disability lawyer might be required by those who have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing and then submit a request to the VA to obtain those documents.
A veteran disability attorney can also alleviate the burden of dealing with the VA away from you. This will allow you the time to concentrate on your health, as well as any other responsibilities you may have. Some attorneys are
veterans disability law Firms themselves and this gives them a unique level of empathy with their clients and give them a greater stake in their cases. This can make a big 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 if they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to analyze the same evidence that was presented in the original claim, and then make a new decision. The senior reviewer can confirm or reverse the previous rating decision.
The veteran or their representative may ask for an informal conference with the senior reviewer to discuss the case, but only one of these conferences is permitted. In this meeting it is essential to prepare and present your case facts in a concise manner. A lawyer for veterans may assist you in preparing and take part in the informal conference.
The higher-level review is usually used to correct errors made by the previous reviewer of the disability claim. For example in the event that the previous reviewer misinterpreted evidence or committed errors in the law. Senior reviewers can correct these mistakes by changing a previous decision however only if it is in the claimant's best interest.
The more extensive review can result in a private hearing for the applicant, which gives them the chance to meet with the person who is reviewing the claim and to explain their arguments. A lawyer who is a veteran can assist with determining whether it is necessary to request a personal hearing, as well as making and presenting the evidence at the hearing.
Notice of Disagreement
After the VA has assessed your claim and issued a decision, you are able to file a written notice of disagreement within one year of the date that the local office sends you the initial denial letter. The VA will then review your case once more and prepare an official statement of the case.
To file a complaint for a disagreement, you should file VA Form 21-958. A disability lawyer can assist you fill out the form correctly to appeal the decision. It is not necessary to list every reason why 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 assist you in deciding what evidence to include in the NOD. These could be statements from medical professionals, or the results of diagnostic tests.
If your appeal is not granted at this point If you are denied, you can try again to have it reviewed by an experienced reviewer in the form of A Higher-Level Review. The process can take between 25 and about 25 months and you must be in contact with your attorney at every step. If the VA refuses to accept your claim, your attorney can request an appeal before an Veterans Law judge to present evidence and testimony in person. Your lawyer will prepare your check when your claim is accepted.
Statement of the Case
Congress has enacted a number of laws to ensure that veterans are paid for injuries, illnesses, and other conditions that they suffer during their service. The VA is a massive bureaucracy and it's not difficult to get lost. A veteran disability lawyer can help people navigate the system and provide the needed assistance.
The VA must review the case after a veteran has filed an official Notice of Dispute with the local VA office. This includes examining the regulations, laws and evidence used in making the initial decision. It also involves examining the medical records of the veteran as well as when necessary lay statements. The VA must provide the claimant with the Statement of Case that includes a list of evidence it has analyzed.
The statement should be in plain language and provide the reasoning for the decision, including the interpretation of the law and regulations affecting the case. It should address the issues made by the claimant in his or her NOD.
The Statement of the Case is typically sent to the veteran within 120 days from the date that the NOD was filed. However, due to the VA backlog the agency might take longer to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision over the basis of a rating or a claim for benefit.