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How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of obtaining veterans disability benefits can be overwhelming. A lawyer who is a veterans disability lawsuit disability attorney can guide you through the procedure.
It's crucial to choose an attorney who practices disability law and handles cases of this nature at all levels of appeal. This will ensure that you get the best representation.
Appeal
If the VA denies a claim, or fails to approve benefits, it gives the veteran, or his or spouse who survives to appeal. This is a complicated and lengthy process that could be complicated even with the most straightforward disability claims. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.
The most common reason why people declare a disability claim is that they are not satisfied with their disability rating. In this case an attorney can make sure that there is enough evidence to support an appropriate rating due to a condition caused or aggravated by military service.
A veterans disability lawyer may be needed by people who have waited too long to get their benefits. The lawyer can assist in determining what documents are missing, and then submit an application for these records to the VA.
A lawyer for veterans can also relieve you of the burden of dealing directly with the VA. This will give you time to concentrate on your health, as well as any other obligations you might have. Certain attorneys are veterans disability law firm themselves, and this can give them a unique level of compassion for their clients. They also make them more invested in their cases. This could make a significant difference in the outcome of the appeal.
Higher-Level Reviews
Veterans can appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review option that allows an experienced reviewer to analyze the same evidence that was presented in the original claim, and make a fresh determination. The senior reviewer may affirm or reverse the previous rating decision.
A veteran or their representative could request an informal meeting to discuss the matter with the senior reviewer. However, only one conference is permitted. For this meeting, it is important to prepare and present your case's information in a clear way. A lawyer for veterans may help you prepare for and take part in the informal conference.
Higher-level reviews are usually utilized to correct errors made by the earlier reviewer in the case of a disability claim that result in mistakenly interpreting evidence or committing errors in the law. The senior reviewer can change the previous decision made on the same claim to rectify these mistakes, but only if those modifications are beneficial to the claimant.
The higher-level review can also lead to a personal hearing for the claimant, which gives them the chance to connect with those who are reviewing the claim and explain their arguments. A lawyer for veterans can help you determine whether or not it's required to request a personal hearing, and also with preparation and presenting evidence during the hearing.
Notice of Disagreement
You may file a dispute within one year of the date the local office received the original denial letter. The VA will examine your claim once more and prepare an official statement of the case.
In order to file a disagreement, you should use VA Form 21-958. A disability lawyer can assist you fill out the form correctly to appeal the decision. You don't have to list all the reasons you don't agree with the VA's decision however, it is recommended to be specific and help the VA to understand what you believe is wrong. Your attorney can advise you on the kind of evidence to include to support the NOD, like statements from medical professionals or results of diagnostic tests.
If your appeal is denied at this stage, then you can ask to have it reviewed again by a senior reviewer through an Higher Level Review. This could take up to 25 months, and you must have your attorney by all the procedure. If the VA rejects your claim, your attorney may request an appearance before a Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately awarded, your attorney will prepare you for your check.
Statement of the Case
Congress has passed numerous laws to ensure that veterans receive compensation for injuries, illnesses, and other conditions caused by their service. The VA is a massive bureaucracy, and it's easy to be lost. A veteran disability lawyer can help claimants navigate the system and offer the needed assistance.
When a veteran files a Notice of Disagreement with his local VA office, the VA must conduct an investigation of the case. This includes looking into the regulations, laws and the evidence used to make the original decision. This includes looking over the medical records of the veteran and at times, lay statements. The VA must provide the applicant with an official statement of case which includes a list with evidence that it has examined.
This statement should describe in a clear manner the reasoning behind its decision, including how it decided to interpret the laws and regulations that affected the case. It should address all contentions the claimant raised in his or her NOD.
The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was received. Due to the VA backlog, it might take the agency longer to issue the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision over an assessment or claim for benefit.