Aundrea Walpole asked 2 years ago
How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of obtaining veterans disability benefits can be a challenge. A qualified veterans disability law disability lawyer can guide you from beginning to end.
It’s essential to locate an attorney who practices disability law and handles these cases at all levels of appeal. This will ensure you receive the most effective representation.
Appeal
If the VA rejects or doesn’t consider a claim, the spouse of the deceased or veteran can appeal. Even the most basic disability claims could make this a complicated and lengthy procedure. A veteran disability lawyer can assist you in understanding all of your options and secure the benefits you deserve.
One of the main reasons people are required to make a disability claim is that they are not satisfied with the disability rating they have received. In this instance, the lawyer can ensure that the evidence is there to support an appropriate rating based upon a disabling condition caused or exacerbated by military service.
A lawyer for veterans may be required by those who have had to wait too long for their benefits. The lawyer can assist in determining what documents are not available, and then submit the request for these documents to the VA.
A veteran disability attorney can also relieve the burden of dealing with the VA away from your shoulders. This will allow you to focus on your health and any other obligations you have. Certain attorneys are veterans themselves and this can provide them a unique form of empathy for their clients and give them a greater stake in their cases. This can make a major 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 procedure that allows an experienced reviewer examine the same evidence presented in the original claim and veterans disability lawyer make a new determination. The senior reviewer is able to confirm or veterans disability lawyer reverse the previous rating decision.
A veteran or their representative may request an informal meeting to discuss the case with the senior reviewer. However, only one of these conferences is allowed. It is important to be prepared and explain the facts of your case in a concise manner at this meeting. An attorney who is specialized in veterans disability settlement disability can help you prepare for and participate in the informal conference.
Higher-level reviews are often utilized to correct errors made by the reviewer who was earlier in the case of a disability claim, such as misinterpreting evidence or making errors in the law. Senior reviewers can correct these errors by altering the decision made previously but only if it is in the best interests of the claimant.
A hearing at a personal level can be scheduled for the claimant as a result of the higher-level review. This is a chance for the claimant to meet with the person reviewing their claim and explain the arguments. A lawyer for veterans disability attorney disability can assist in determining whether it is required to request a personal hearing, and also with making and presenting the evidence during the hearing.
Notice of Disagreement
Once the VA has examined your claim and reached a decision, you can file a written notice of disagreement within one year from the date that the local office mails you the original denial notice. The VA will review the claim once more and draft a Statement of the Case.
You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. You do not have to list every reason you disagree with the VA’s decision, but it is best to be specific in order to assist the VA determine what you think is wrong. Your attorney can help you decide what evidence to include with the NOD. These could be statements from medical professionals or results from diagnostic tests.
If your appeal is denied at this point If you are denied, you can try again to have it reviewed by an experienced reviewer in the form of an Higher-Level Review. The process can take between 25 and up to 25 months, and you should be with your attorney throughout the process. If the VA is unable to resolve your claim, your lawyer could request a hearing to be conducted before a Veterans Law Judge to present testimony and additional evidence in person. Your attorney will prepare your check should your claim be approved.
Statement of the Case
Congress has passed numerous laws to ensure that veterans are paid for ailments, injuries and illnesses suffered during service. The VA is a big bureaucracy and it’s easy for people to become lost. A veteran disability lawyer can help claimants navigate the system and offer the much-needed assistance.
If a veteran files a Notice of Disagreement in his or her local VA office, the agency must conduct a review of the case. This includes looking into the laws, regulations and the evidence used to make the original decision. This includes looking over the medical records of the veteran and, if necessary lay statements. The VA must send the claimant a Statement of the Case, which contains a list of all evidence it has studied.
The statement should be written in plain language and explain the reasoning behind the decision, as well as the interpretation of the laws and regulations that affect the case. It should address the claims made by the claimant in the NOD.
The Statement of the Case is typically mailed to the veteran within 120 days of the date on which the NOD was filed. However due to the VA backlog, the agency may delay the release of this 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.