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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 qualified veterans disability lawyer can help you navigate it from start to finish.
It's essential to choose a lawyer who restricts their practice to disability cases and only handles these cases at every stage of appeal. This will ensure you receive the most effective representation.
Appeals
When the VA denies a claim or does not approve benefits, it gives the veteran, or his or spouse who is surviving to appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veterans disability lawyer can help you understand all of your options and help you get the benefits you deserve.
One of the main reasons people have to declare a disability claim is that they are not satisfied with their disability rating. In this situation, the lawyer can make sure that all the evidence is in place to support a valid rating based on a disability condition caused by or aggravated by military service.
A lawyer for veterans may be needed by those who have had to wait too long for their benefits. The lawyer can help determine the missing documents, and then make a request for these records to the VA.
A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will give you the time to concentrate on your health, and any other obligations you might have. Some attorneys are veterans disability law firm, and this can result in an unmatched compassion for their clients. This can make a huge difference in the result of the appeal.
Higher-Level Reviews
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans disability law firms to have more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to look at the same evidence that was presented in the original claim, and then make a new decision. The senior reviewer has the option to either reverse or confirm 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 allowed. It is essential to be prepared and provide the facts of your case in a clear way at this conference. An attorney with expertise in the field of veterans disability can assist you prepare and participate at the informal conference.
Higher-level reviews can be used to correct mistakes made by the earlier reviewer in a disability claim that result in failing to interpret evidence or making mistakes in the law. Senior reviewers are able to correct these mistakes by altering the decision made previously but only if it is in the best interest of the claimant.
A hearing at a personal level can be arranged for the claimant as a consequence of the review at a higher level. This is a chance for those seeking to be heard by the person reviewing their claim and to present their case. A lawyer for veterans disability can help you determine whether or not it's necessary to request a personal hearing, and also with preparation and presenting evidence during the hearing.
Notice of Disagreement
You can file a dispute within one year of the date the local office received the original denial letter. The VA will review your case again and create an Statement of Case.
You must make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist you complete the form correctly so that it is effective in appealing the decision. You do not have to list every reason you do not agree with the VA's decision but it is advisable to be specific and help the VA know what you believe is wrong. Your attorney can help you on the kind of evidence to include in the NOD like statements from medical professionals or results of diagnostic tests.
If your appeal is not accepted at this point, you can have it reviewed by a senior reviewer through a Higher Level Review. It could take as long as 25 months, and you must have an attorney on with you every step of the process. If the VA continues to deny your claim, your lawyer may request a hearing to be conducted before a Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will prepare your check when your claim is accepted.
Statement of the Case
Congress has written extensive laws to make sure that veterans are compensated for their injuries, illnesses and conditions incurred during service. The VA is a massive bureaucracy and it's easy for people to be lost. A veteran disability lawyer can help people navigate the system and offer the assistance they need.
The VA must review the case following the time a veteran has filed the Notice of Dispute to the local VA office. This includes examining the laws, regulations and the evidence used to make the initial decision. Also, it involves looking over the medical records of the veteran as well as when necessary, lay statements. The VA must provide the claimant with a Statement of the Case that includes a list of all the evidence it has examined.
The statement should outline in plain language the reasoning behind the decision, and how it decided to interpret the laws and regulations that affected the case. It should address all assertions made by the claimant in his or her NOD.
The Statement of the Case is typically sent to the veteran within 120 days of when the NOD was filed. However due to the VA backlog the agency might take longer to mail this document. If you are a veteran who is appealing the decision of a rating agency or a claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.
The process of obtaining veterans disability benefits can be overwhelming. A qualified veterans disability lawyer can help you navigate it from start to finish.
It's essential to choose a lawyer who restricts their practice to disability cases and only handles these cases at every stage of appeal. This will ensure you receive the most effective representation.
Appeals
When the VA denies a claim or does not approve benefits, it gives the veteran, or his or spouse who is surviving to appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veterans disability lawyer can help you understand all of your options and help you get the benefits you deserve.
One of the main reasons people have to declare a disability claim is that they are not satisfied with their disability rating. In this situation, the lawyer can make sure that all the evidence is in place to support a valid rating based on a disability condition caused by or aggravated by military service.
A lawyer for veterans may be needed by those who have had to wait too long for their benefits. The lawyer can help determine the missing documents, and then make a request for these records to the VA.
A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will give you the time to concentrate on your health, and any other obligations you might have. Some attorneys are veterans disability law firm, and this can result in an unmatched compassion for their clients. This can make a huge difference in the result of the appeal.
Higher-Level Reviews
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans disability law firms to have more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to look at the same evidence that was presented in the original claim, and then make a new decision. The senior reviewer has the option to either reverse or confirm 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 allowed. It is essential to be prepared and provide the facts of your case in a clear way at this conference. An attorney with expertise in the field of veterans disability can assist you prepare and participate at the informal conference.
Higher-level reviews can be used to correct mistakes made by the earlier reviewer in a disability claim that result in failing to interpret evidence or making mistakes in the law. Senior reviewers are able to correct these mistakes by altering the decision made previously but only if it is in the best interest of the claimant.
A hearing at a personal level can be arranged for the claimant as a consequence of the review at a higher level. This is a chance for those seeking to be heard by the person reviewing their claim and to present their case. A lawyer for veterans disability can help you determine whether or not it's necessary to request a personal hearing, and also with preparation and presenting evidence during the hearing.
Notice of Disagreement
You can file a dispute within one year of the date the local office received the original denial letter. The VA will review your case again and create an Statement of Case.
You must make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist you complete the form correctly so that it is effective in appealing the decision. You do not have to list every reason you do not agree with the VA's decision but it is advisable to be specific and help the VA know what you believe is wrong. Your attorney can help you on the kind of evidence to include in the NOD like statements from medical professionals or results of diagnostic tests.
If your appeal is not accepted at this point, you can have it reviewed by a senior reviewer through a Higher Level Review. It could take as long as 25 months, and you must have an attorney on with you every step of the process. If the VA continues to deny your claim, your lawyer may request a hearing to be conducted before a Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will prepare your check when your claim is accepted.
Statement of the Case
Congress has written extensive laws to make sure that veterans are compensated for their injuries, illnesses and conditions incurred during service. The VA is a massive bureaucracy and it's easy for people to be lost. A veteran disability lawyer can help people navigate the system and offer the assistance they need.
The VA must review the case following the time a veteran has filed the Notice of Dispute to the local VA office. This includes examining the laws, regulations and the evidence used to make the initial decision. Also, it involves looking over the medical records of the veteran as well as when necessary, lay statements. The VA must provide the claimant with a Statement of the Case that includes a list of all the evidence it has examined.
The statement should outline in plain language the reasoning behind the decision, and how it decided to interpret the laws and regulations that affected the case. It should address all assertions made by the claimant in his or her NOD.
The Statement of the Case is typically sent to the veteran within 120 days of when the NOD was filed. However due to the VA backlog the agency might take longer to mail this document. If you are a veteran who is appealing the decision of a rating agency or a claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.