How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of submitting an application for benefits for veterans disability can appear overwhelming. A veteran disability lawyer can help you navigate the procedure.
It's important to find a lawyer who limits their practice to disability cases, and only handles those cases at each level of appeal. This ensures you're receiving the best legal representation.
Appeals
When the VA denies a claim, or fails to accept benefits, it permits the veteran or or spouse who is surviving to appeal. Even the simplest disability claims can make this a complicated and lengthy procedure. An attorney for veterans can assist you in understanding your options and get the benefits you deserve.
The most common reason people submit a claim for disability is that they are not satisfied with their disability rating. In this situation, the lawyer can make sure that the evidence is there to support an appropriate rating based on a debilitating condition caused by or aggravated by military service.
Another reason that people tend to require a veterans disability lawyer is because they have been waiting too long to get their benefits. The lawyer can help determine the missing documents and can then make a request to the VA to obtain those documents.
A veteran disability lawyer can also ease the burden of dealing directly with the VA. This gives you the time to focus on your health, as well as any other obligations you might have. Some attorneys are veterans, and this can create a unique compassion for their clients. This could make a significant difference in the outcome of the appeal.
Higher-Level Reviews
Veterans have more recourse options to appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review option that allows an experienced reviewer examine the same evidence presented in the original claim and make a new determination. The senior reviewer can choose to either reverse or confirm the previous rating.
The person who is the veteran or their representative could request a meeting with the senior reviewer to discuss the case, but only one such conference is permitted. For this meeting, it is important to prepare and present your case facts clearly. An attorney with expertise in veterans ' disability 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 instance an earlier reviewer misinterpreted the evidence or made errors in the law. Senior reviewers are able to correct these mistakes by changing a previous decision however only when it is in the claimant's best interest.
A personal hearing could be arranged for the claimant as a result of the higher-level review. This gives those seeking to be heard by the person who is reviewing their case and discuss their arguments. A lawyer for veterans can help determine whether it's necessary to request a private hearing, as well as with preparing and presenting the evidence at the hearing.
Notice of Disagreement
Once 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 the local office sends you the original denial letter. The VA will review your claim again and create a Statement of the Case.
In order to file a disagreement to file a dispute, you must use VA Form 21-958. A disability lawyer can help to fill out the form correctly to appeal the decision. It is not necessary to list every reason why you are not with the decision. However it is best to be specific in order that the VA is aware of what you believe is incorrect. Your attorney can help you determine what evidence to include in the NOD. This could be statements from medical professionals, or the results of diagnostic tests.
If your appeal is rejected at this point, you can have it reviewed by a senior reviewer through a Higher Level Review. This process can take approximately 25 months. You should be with your attorney at every step. If the VA refuses to accept 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 ultimately granted, your attorney will prepare you for your check.
Statement of the Case
Congress has passed many laws to ensure that
hartford city veterans disability law firm receive compensation for illnesses, injuries and ailments they've experienced during their service. But the VA is a huge bureaucracy that is easy to get lost in the system. A veteran disability attorney can guide you through the process and provide crucial assistance to applicants.
The VA must examine the case after a veteran has filed the Notice of Dispute to the local VA office. This involves examining the regulations, laws and evidence used to reach the initial decision. This includes looking over the medical record of the veteran as well as at times lay statements. The VA must provide the applicant with the Statement of Case which includes a list of evidence that it has reviewed.
This statement should describe in plain language the reasoning behind its decision, and how it determined the law and regulations that affected the case. It should address all claims made by the plaintiff in his or her NOD.
The Statement of the Case is typically sent to the veteran within 120 days of the date the NOD was filed. Due to the VA backlog, it could take the agency longer to issue the statement. Contact a
darby veterans disability attorney disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran appealing a decision on a rating or a claim for benefit.
