Penney Velez asked 3 months ago
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. The right veterans disability law firms disability attorney will guide you from start to finish.
It’s essential to choose a lawyer who restricts their law practice to disability cases and only handles these cases at every level of appeal. This will ensure you receive the best legal representation.
Appeal
When the VA rejects or doesn’t consider a claim, the spouse of the deceased or veteran can appeal. This is a complicated and lengthy process that could be complicated, even for the most straightforward disability claims. A veterans disability attorney can help you understand your options and get the benefits you deserve.
A common reason for people to make a claim for disability is because they are dissatisfied with their disability rating. In this instance lawyers can make sure there is enough evidence to justify the appropriate rating in light of a condition that was caused or made worse 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 the missing documents and can then make a request to the VA for the relevant records.
A lawyer for veterans’ disability can also take away the burden of dealing directly with the VA. This allows you to focus on your health and other obligations you might have. Certain attorneys are veterans themselves, and this can give them a unique form of empathy with their clients and create a deeper investment in their cases. This can make a big difference in the result of the appeal.
Higher-Level Reviews
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options if they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer examine the same evidence that was presented in the original claim and make a fresh determination. The senior reviewer can confirm or reverse the previous decision to rate.
The person who is the veteran or their representative could arrange for a casual conference with the senior reviewer to discuss the case, however, only one such meeting is permitted. It is important to be prepared and explain the facts of your case in a concise manner during this meeting. A veterans disability attorney can help you prepare for and take part in the informal conference.
Higher-level reviews are usually used to correct errors made by the earlier reviewer in an appeal for disability, such as mistakenly interpreting evidence or committing errors in the law. Senior reviewers are able to correct these mistakes by altering the decision made previously, but only when it is in the claimant’s best interest.
A personal hearing can also be arranged for the claimant as a consequence of the higher-level review. This provides the applicant to meet with the person reviewing their claim and to present their case. A veterans disability lawyer can help determine whether or not an individual hearing is necessary, as well as prepare and present the evidence during the hearing.
Notice of Disagreement
After the VA has looked over your claim and come to a decision, you can make a formal notice of disagreement within one year of the date the local office mails you the original denial letter. The VA will review your case once more and draft a Statement of the Case.
To file a complaint, you should use VA Form 21-958. A disability lawyer can help you fill out the form correctly to appeal the decision. It is not necessary to list every reason you disagree with the VA’s decision, but it is important to be specific to help the VA to understand what you believe is wrong. Your attorney can help you determine what evidence to include with the NOD. This could include statements from medical professionals or results of diagnostic tests.
If your appeal is denied at this point You have a second chance to be reviewed by a senior reviewer in the form of a Higher-Level Review. This process could take as long as up to 25 months, and you should be with your lawyer at all times. If the VA denies your claim your attorney may request an appearance before an Veterans Law judge to present evidence and testimony in person. If your claim is ultimately granted, your lawyer will prepare you for your check.
Statement of the Case
Congress has passed numerous laws to ensure veterans receive compensation for illnesses, injuries, and conditions they’ve endured during their service. The VA is a large bureaucracy and it’s easy for people to be lost. A veteran disability lawyer can guide you through the process and offer much-needed assistance for claimants.
The VA must examine the case once a veteran has filed the Notice of Dispute to the local VA office. This includes looking into the laws, regulations, and evidence used in the initial decision. This includes reviewing the medical record of the veteran as well as, if necessary lay statements. The VA must provide the claimant with the Statement of Case which includes a list of evidence it has analyzed.
The statement should be simple and clear, and also explain the reasoning for the decision, including the interpretation of the law and regulations that affect the case. It should address all the arguments made by the claimant in the NOD.
The Statement of the Case is usually mailed to the veteran within 120 days from the date the NOD was filed. Due to the VA backlog it may take the agency longer to issue the document. If you are a veteran attempting to appeal an appeal of a rating decision or claim for benefits, get in touch with an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.