How a
Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of submitting an application for veterans disability benefits can appear overwhelming. The right attorney for veterans can guide you from beginning to end.
It's crucial to find a lawyer who has a limit on their law practice to disability cases and only handles these cases at every level of appeal. This ensures that you're receiving the best legal representation.
Appeals
When the VA denies a claim, or fails to allow benefits to be approved, it allows the veteran,
Vimeo.Com or his or spouse who survives to appeal. This is a lengthy and lengthy procedure that can be complicated, even for the most simple disability claims. A veteran's disability attorney can assist you in understanding your options and help you get the benefits you deserve.
The most common reason people submit a claim for disability is because they are unhappy with their disability rating. In this instance a lawyer can be sure that there is sufficient evidence to support the appropriate rating based on a condition caused or aggravated by military service.
Another reason that people tend to require a veteran disability lawyer is that they have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are not available, and then submit a request for these records to the VA.
A veteran disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will allow you to concentrate on your health and any other obligations you might have. Some lawyers are veterans themselves which can give them a unique form of compassion for their clients and give them a greater stake in their cases. This can make a major difference in the result of the appeal.
Higher-Level Reviews
veterans disability lawsuit are able to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to look at the same evidence that was presented in the original claim and make a fresh decision. The senior reviewer has the option to either confirm or reverse the previous rating.
The veteran or their representative can request an informal meeting with the senior reviewer to discuss the case, however, only one such conference is permitted. It is essential to be prepared and explain the facts of your case in a clear manner at this time. A veteran disability attorney can assist you in preparing and participate in the informal conference.
The higher-level reviews are typically used to correct mistakes made by the previous reviewer of the disability claim. For example in the event that the previous reviewer misinterpreted evidence or made errors in the law. Senior reviewers are able to correct these mistakes by changing the previous decision,
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A personal hearing can also be arranged for the claimant as a result of the review at a higher level. This is an opportunity for the claimant to meet the person reviewing their claim and explain the arguments. A lawyer for veterans can assist with determining whether it is necessary to request a personal hearing, and with preparing and presenting the evidence during the hearing.
Notice of Disagreement
You may file a dispute within one-year of the date the local office sent you the original denial letter. The VA will then review your claim again and issue a Statement of the Case.
If you want to file a dispute for a disagreement, you should file VA Form 21-958. A disability lawyer can assist to fill out the form correctly to appeal the decision. You do not have to list all the reasons you do not agree with the VA's decision but it is advisable to be specific to help the VA to understand what you believe is wrong. Your attorney can advise you on what evidence to submit along with the NOD, for example, statements from medical professionals or the results of diagnostic tests.
If your appeal is not accepted at this stage, then you can ask to have it reviewed by a senior reviewer through a Higher Level Review. This process could take as long as up to 25 months, and you should be in contact with your lawyer throughout the process. If the VA denies your claim your attorney may request an appeal before a Veterans Law judge to present evidence and testimony in person. Your lawyer will prepare your check when your claim is accepted.
Statement of the Case
Congress has passed a number of laws to ensure veterans receive compensation for illnesses, injuries, and other ailments they've suffered during their time of service. The VA is a massive bureaucracy and it's easy for people to get lost. A veteran disability lawyer can help you navigate the process and provide crucial assistance for those seeking assistance.
If a veteran files a Notice of Disagreement with his local VA office, the VA must conduct a review of the case. This includes examining the regulations, laws, and the evidence used in the initial decision. This includes reviewing the medical records of the veteran as well as in the event of a need, lay statements. The VA must provide the claimant with a Statement of the Case which includes a listing of all evidence that it has examined.
The statement should be simple and clear, and also explain the reasoning for the decision, including the interpretation of the laws and regulations relevant to the case. It should address the allegations made by the plaintiff in his or her NOD.
The Veteran will receive the Statement of Case within 120 days of the date when the NOD was filed. However due to the VA backlog, the agency may take longer to issue this document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about a rating or a claim for benefits.