How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of applying for veterans disability benefits may seem overwhelming. A good veterans disability attorney can help you navigate it from beginning to end.
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 will ensure that you get the most effective representation.
Appeals
When the VA denies a claim or does not approve benefits, it allows the veteran or or her surviving spouse to appeal. Even the simplest disability claims can be a challenge for this lengthy and complicated procedure. An attorney for veterans can assist you in understanding your options and help you get the benefits you deserve.
The most common reason why people declare a disability claim is because they are dissatisfied with their disability rating. In this case an attorney can make sure that there is sufficient evidence to support the proper rating due to a condition caused or aggravated by military service.
A lawyer for veterans may be needed by those who have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing and can then make a request to the VA to obtain those documents.
A veteran disability lawyer can also relieve you of the burden of dealing directly with the VA. This will let you focus on your health and any other obligations you have. Some attorneys are veterans and this gives them a unique compassion for their clients and increase the stakes in their cases. This can make a massive difference in the outcome of the appeal.
Higher-Level Reviews
longview veterans disability lawsuit are able to appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that allows the senior reviewer to examine the same evidence that was presented in the original claim, and then make an additional decision on the case. The senior reviewer is able to affirm or reverse the previous decision to rate.
The veteran or
Vimeo.com their representative can request a meeting with the senior reviewer to discuss the case, however, only one such conference is allowed. In this meeting it is crucial to prepare and present your case's information clearly. An attorney who is specialized in the field of disability for veterans can help you prepare and participate in the informal conference.
The higher-level review is usually used to correct errors made by the previous reviewer of an appeal for disability. For example when the previous reviewer misinterpreted the evidence or made errors in the law. Senior reviewers can correct these mistakes by changing a previous decision but only if it is beneficial to the claimant's interests.
The more extensive review can result in a personal hearing for the claimant which provides an opportunity to talk to those who are reviewing the claim and to explain their arguments. A lawyer who is a veteran can assist in determining whether it's necessary to request a private hearing, and with preparation and presenting evidence during the hearing.
Notice of Disagreement
You may file a dispute within one-year of the date the local office sent you the initial denial letter. The VA will examine your claim once more and draft an official statement of the case.
You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you complete this 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 wrong. Your attorney can advise you about the type of evidence you can submit in the NOD like statements from medical professionals or results of diagnostic tests.
If your appeal is rejected at this stage There is a second chance to be reviewed by a senior reviewer in the form of an Higher-Level Review. The process can take between 25 and 25 months and you should be in contact with your lawyer throughout the process. If the VA continues to deny your claim, your lawyer can request a hearing to be conducted before an Veterans Law Judge to present evidence and testimony in person. Your attorney will prepare your check when your claim is accepted.
Statement of the Case
Congress has passed a variety of laws to ensure veterans receive compensation for illnesses, injuries and other ailments they've suffered during their service. However the VA is a huge bureaucracy and it is easy to be lost within the system. A veteran disability lawyer can help people navigate the system and provide much needed assistance.
The VA must examine the case after the veteran has filed a Notice of Dispute with the local VA office. This includes looking into the regulations, laws and evidence used to reach the original decision. This includes reviewing the medical records of the veteran as well as when necessary lay statements. The VA must provide the claimant with an Statement of Case which includes a list with evidence that it has reviewed.
This statement should describe in clear language the reasoning behind the decision, including how it determined the law and regulations that affected the case. It should address the claims that the claimant has made in the NOD.
The Statement of the Case is typically sent to the veteran within 120 days from the date the NOD was filed. However due to the VA backlog it could take longer to issue the document. If you are a veteran attempting to appeal a rating decision or a claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.
