10 Quick Tips On Veterans Disability Compensation
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 be overwhelming. A qualified veterans disability lawyer can guide you from beginning to end.
It is essential to choose an attorney who handles disability law and these cases at all levels of appeal. This will ensure that you're receiving the best legal representation.
Appeal
If the VA rejects a claim or does not allow benefits to be approved, it allows the veteran or his or spouse who is surviving to file an appeal. This is a complex and lengthy procedure that can be complicated even for the most straightforward disability claims. A veterans disability attorney can assist you in understanding your options and get the benefits you deserve.
One common reason that people file a disability claim is that they are unhappy with their disability ratings. In this instance, the lawyer can ensure that the evidence is in place to support a valid rating based on a disabling condition caused or exacerbated by military service.
A veterans disability lawyer may be required by those who have had to wait too long for their benefits. The lawyer can assist in determining what documents are missing and submit a request the VA for the relevant records.
A veterans disability lawyers disability lawyer can also ease the burden of dealing directly with the VA. This will allow you to focus on your health and other obligations you have. Certain attorneys are veterans themselves which can give them a unique form of empathy for their clients and create a deeper investment in their cases. This could make a significant difference in the result of the appeal.
Higher-Level Reviews
Veterans can appeal VA decision if they disagree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to look at the same evidence provided in the original claim and make a fresh decision. The senior reviewer may confirm or reverse the previous rating decision.
The veteran or their representative can arrange for a casual conference with the senior reviewer to discuss the case, however, only one such meeting is permitted. In this meeting, it is important to prepare and present your case facts in a concise manner. A veteran disability attorney can assist you in preparing and take part in the informal conference.
Higher-level reviews are typically utilized to correct errors made by the previous reviewer on an appeal for disability for example, not interpreting evidence correctly or making mistakes in the law. Senior reviewers are able to correct these mistakes by reversing a previous decision but only if it is in the best interests of the claimant.
A personal hearing could be scheduled for the claimant in the wake of the review at a higher-level. This provides the claimant to meet the person who is reviewing their case and present their arguments. A veterans disability lawyer can assist with determining whether or not it is required to request a personal hearing, and also with preparing and presenting the evidence during the hearing.
Notice of Disagreement
After the VA has examined your claim and reached an assessment, you may make a formal notice of disagreement within one year from the date the local office mails you its original denial letter. The VA will review the case again and create an Statement of the Case.
If you want to file a dispute to file a dispute, you must use VA Form 21-958. An attorney for disabled people can help you complete the form in a way that is effective in contesting the decision. You don't have to list every reason that you disagree with the decision; however it is better to be specific so that the VA can understand exactly what you believe to be wrong. Your attorney can assist you in deciding which evidence to include in the NOD. This could be statements from medical professionals, or the results of diagnostic tests.
If your appeal is not accepted at this point, you can ask to have it reviewed by a senior reviewer through a Higher Level Review. This process could take up to about 25 months and you must be in contact with your lawyer at all times. If the VA still denies your claim, your lawyer may request a hearing to be conducted before an Veterans Law Judge to present evidence and testimony in person. Your attorney will draft your check in the event that your claim is approved.
Statement of the Case
Congress has passed numerous laws to make sure that veterans are compensated for injuries, illnesses, and other conditions suffered during service. However, the VA is a massive bureaucracy, and it's easy to get lost in the system. A veteran disability lawyer can help those seeking assistance navigate the system and offer much needed assistance.
The VA must examine the case after a veteran has filed an Notice of Dispute at the local VA office. This involves examining the regulations, laws, and the evidence used to make the initial decision. This includes looking over the medical record of the veteran as well as in the event of a need, lay statements. The VA must provide the claimant with an official statement of the case, which contains a list of all evidence it reviewed.
This statement should explain in a clear manner the reasoning behind the decision, as well as how it determined the law and regulations that affected the case. It should address the allegations that the claimant has made in his or her NOD.
The Veteran will receive the Statement of Case within 120 days of the date when the NOD was sent. However due to the VA backlog, the agency may take longer to mail the document. If you are a veteran who is appealing a rating decision or a claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.