The process of applying for veterans disability benefits can be overwhelming. A good veterans disability attorney can assist you from beginning to end.
It is essential to find an attorney that only practices disability law and handles these cases at all levels of appeal. This ensures you're getting the best representation.
Appeal
If the VA refuses to approve a claim or fails to approve benefits, it allows the veteran or his or her surviving spouse to file an appeal. This is a complex and time-consuming process that can be complicated even by the most straightforward disability claims. A veterans disability attorney can help you understand your options and ensure you receive the benefits you deserve.
A common reason why people file a claim for disability is that they are unhappy with their disability status. In this case, a lawyer can make sure that the evidence is sufficient to justify a proper rating based on a disabling condition caused by or aggravated by military service.
Another common reason for people to seek out a veterans disability lawyer is that they've waited too long to get their benefits. The lawyer can help determine the missing documents and can then make a request to the VA for the relevant records.
A veteran disability lawyer can take the burden of dealing with the VA away from you. This will let you concentrate on your health and any other obligations you might have. Certain attorneys are veterans disability attorneys and this may result in an innate compassion for their clients. This can make a big difference in the outcome of the appeal.
Higher-Level Reviews
veterans disability law have more recourse options to appeal VA decision if they disagree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to examine the same evidence provided in the original claim, and make a fresh determination. The senior reviewer may affirm 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, but only one such conference is allowed. It is important to be prepared and be able to present the facts of your case in a clear manner during this meeting. An attorney for veterans disability law can help you prepare for and participate in the informal conference.
The higher-level review is typically used to correct errors made by the previous reviewer of an appeal for disability. For instance when the previous reviewer misinterpreted evidence, or made errors in the law. Senior veterans Disability attorney reviewers can correct these errors by changing the previous decision but only if it is beneficial to the claimant's interests.
A hearing at a personal level can be scheduled for the applicant as a result of the review at a higher-level. This provides the applicant to meet with the person who will be reviewing their claim and to present their case. A veterans disability settlement disability lawyer can assist in determining whether or not a personal hearing is needed and prepare and present evidence for the hearing.
Notice of Disagreement
After the VA has reviewed your claim and made an assessment, you may file a written notice of disagreement within one year of the date when the local office mails you its original denial letter. The VA will examine your claim once more and prepare an official statement of the case.
To file a complaint for a disagreement, you should file VA Form 21-958. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. You don't have to list all the reasons you do not agree with the VA's decision however, it is recommended to be specific to help the VA understand what you think is wrong. Your attorney can help you about the type of evidence you can submit with the NOD, such as statements from medical professionals or the results of diagnostic tests.
If your appeal is not granted at this stage, you have another chance to get it reviewed by a senior reviewer in the form of a Higher-Level review. This process could take up to 25 months and you should be with your attorney at every step. If the VA refuses to accept your claim, your attorney may request an appearance before a Veterans Law judge to present testimony and other evidence in person. Your attorney will draft your check in the event that your claim is approved.
Statement of the Case
Congress has written extensive laws to ensure that veterans are compensated for their injuries, illnesses and conditions incurred during service. The VA is a huge bureaucracy, and it's easy to become lost. A veteran disability lawyer can assist people navigate the system and provide much needed assistance.
The VA must examine the case once the veteran has filed an official Notice of Dispute with the local VA office. This includes examining the regulations, laws, and the evidence used in the initial decision. It also includes examining the medical records of the veteran and when necessary lay statements. The VA must provide the claimant with an Statement of Case which includes a list of evidence it has analyzed.
The declaration should be written in plain English and should explain the reasoning behind the decision, as well as the interpretation of the regulations and laws that affect the case. It should address the allegations that the claimant has made in the NOD.
The Veteran will receive the Statement of Case within 120 days of the date the NOD was submitted. However due to the VA backlog it could take longer to issue the document. If you are a veteran appealing a rating decision or a claim for benefits, please contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.
