How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of getting veterans disability benefits can be a challenge. The right
boaz veterans disability law firm disability attorney will guide you from start to finish.
It is essential to locate a lawyer that limits their practice to disabilities and only handles these cases at every level of appeal. This ensures that you're getting the best representation.
Appeals
If the VA rejects or doesn't consider a claim, the spouse or the veteran who is surviving can file an appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veteran's disability attorney can help you understand your options and ensure you receive the benefits you deserve.
The most common reason for people to file a claim for disability is that they are not satisfied with their disability status. In this case, the lawyer can make sure that the evidence is there to support a valid rating based upon a disabling condition that is caused or exacerbated by military service.
Another reason that people tend to seek out a veterans disability lawyer is because they've been waiting too long to receive their benefits. The lawyer can help determine what documents are missing and
vimeo.com submit a request the VA to obtain those documents.
Having a veterans disability attorney can also help you deal with the VA away from you. This will allow you the time to concentrate on your health and any other obligations you might have. Some lawyers are veterans, which can give them an exceptional compassion for their clients. 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) Veterans have more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer examine the same evidence provided in the original claim, and make a fresh determination. The senior reviewer can either affirm or reverse the previous rating decision.
A veteran or their representative can ask for an informal meeting to discuss the case with the senior reviewer. However only one conference is allowed. In this meeting it is essential to prepare and present your case's facts in a concise manner. An attorney with expertise in the field of disability for veterans can help you prepare and participate at the informal conference.
The higher-level reviews are typically used to correct mistakes made by the previous reviewer of a disability claim. For example when the previous reviewer misinterpreted evidence or made mistakes in the law. Senior reviewers are able to correct these mistakes by changing a previous decision however only if it is in the best interests of the claimant.
A hearing at a personal level can be arranged for the claimant as a result of the review at a higher-level. This is an opportunity for the applicant to meet with the person who will be reviewing their claim and explain the arguments. A veterans disability lawyer can help determine whether the need for a personal hearing is justified, as well as prepare and present evidence during the hearing.
Notice of Disagreement
You can file a dispute within one-year of the date the local office sent you the initial denial letter. The VA will review the case again and issue a Statement of Case.
If you want to file a dispute with the VA, you should fill out VA Form 21-958. A disability lawyer can help to fill out the form in a manner that is effective in contesting the decision. It is not necessary to list every reason you don't agree with the decision. However it is best to be specific so that the VA can understand exactly what you believe is incorrect. Your attorney can help you about the type of evidence you can submit along with the NOD, for example, statements from medical professionals or results of diagnostic tests.
If your appeal is denied at this stage, you have another chance to get it reviewed by a senior reviewer in the form of A Higher-Level Review. This could take up to 25 months, and you must have your lawyer by your side every step of the procedure. If the VA rejects your claim, your attorney can request a hearing before a Veterans Law judge to present testimony and other evidence in person. Your attorney will prepare your check in the event that your claim is approved.
Statement of the Case
Congress has passed a variety of laws to ensure that veterans receive compensation for injuries, illnesses and ailments they've experienced during their time of service. However, the VA is a huge bureaucracy and it's easy to be lost within the system. A veteran disability lawyer can assist claimants navigate the system and provide the needed assistance.
The VA must examine the case once a veteran has filed an official Notice of Dispute with the local VA office. This includes reviewing the regulations, laws, and the evidence used to make the initial decision. This includes looking over the medical records of the veteran and, if necessary, lay statements. The VA must provide the claimant with an official statement of case that includes a list of evidence it has analyzed.
The statement should be in plain language and explain the reasoning of the decision, which should include the interpretation of the regulations and laws relevant to the case. It should address all the assertions made by the claimant in his or her NOD.
The Statement of the Case is usually mailed to the veteran within 120 days of the date the NOD was filed. However, due to the VA backlog, the agency may take longer to mail this document. If you're a veteran attempting to appeal an appeal of a rating decision or claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.
