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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 a challenge. A qualified veterans disability lawyer can help you navigate it from start to finish.
It's important that you choose an attorney who has experience in disability law and who handles cases of this nature at all levels of appeal. This ensures that you're receiving the best representation.
Appeal
When the VA decides to deny or not approve a claim, the veteran or the surviving spouse may appeal. This is a complex and lengthy process that can be complicated, even for the most basic disability claims. A veteran disability lawyer can assist you in understanding your options and get the benefits you deserve.
A common reason why people submit a claim for disability is that they are unhappy with their disability rating. In this situation, the lawyer can ensure that all the evidence is in place to support an appropriate rating based on a debilitating condition that was caused or worsened by military service.
A veterans disability lawyer could be needed by people who have had to wait too long for their benefits. The lawyer can help determine the missing documents and then submit a request to the VA for the relevant records.
A lawyer for veterans can also take away the burden of dealing directly with the VA. This gives you the time to focus on your health, and any other obligations you might have. Some lawyers are veterans, and this can result in an unmatched empathy for their clients. This could make a significant difference in the outcome of the appeal.
Higher-Level Reviews
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) Veterans have more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer examine the same evidence as in the original claim, and make a new determination. The senior reviewer is able to either confirm or reverse the previous rating.
The veteran or their representative may request an informal meeting with the senior reviewer to discuss the case, but only one such meeting is allowed. It is crucial to be prepared and provide the facts of your case in a concise way at this conference. An attorney who specializes in veterans disability can help you prepare for and participate in the informal conference.
Higher-level reviews are typically used to correct mistakes by the earlier reviewer in a disability claim, such as misinterpreting evidence or making errors in the law. The senior reviewer may alter an earlier decision on the same claim to correct these mistakes however only if those changes are advantageous to the person filing the claim.
A hearing at a personal level can be scheduled for the claimant as a consequence of the review at a higher-level. This gives the applicant to meet with the person who will be reviewing their claim and to present their case. A lawyer who is a veteran can assist in determining whether it's necessary to request a personal hearing, and with creating and presenting evidence during the hearing.
Notice of Disagreement
You may file a dispute within one-year of the date the local office mailed you the initial denial letter. The VA will examine your claim once more and draft an official statement of the case.
If you want to file a dispute with the VA, you should fill out VA Form 21-958. A disability lawyer can help you fill out the form correctly to appeal 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 determine what you think is wrong. Your attorney can help you decide the evidence you should include in the NOD. These could be statements from medical professionals or the results of diagnostic tests.
If your appeal is rejected at this stage, then you can have it re-examined again by a senior reviewer through an Higher Level Review. This can take up to 25 months, and you should have your attorney by all the way. If the VA denies your claim your lawyer can request an appearance before an Veterans Law judge to present evidence and testimony in person. Your lawyer will prepare your check in the event that your claim is approved.
Statement of the Case
Congress has passed a variety of laws to ensure that veterans receive compensation for their injuries, illnesses and conditions incurred during service. But, the VA is a huge bureaucracy, and it's easy to get lost in the maze of regulations. A veteran disability lawyer can assist in navigating the process and provide vital assistance to those who are seeking benefits.
The VA must review the case after a veteran has filed a Notice of Dispute with the local VA office. This includes examining the laws, regulations and evidence used in making the original decision. This includes reviewing the medical records of the veteran and in the event of a need, lay statements. The VA must provide the applicant with the Statement of Case which includes a list with evidence that it has reviewed.
The declaration should be written in plain language and explain the reasoning behind the decision, including the interpretation of the regulations and laws relevant to the case. It should address any claims made by the claimant in the NOD.
The Statement of the Case is typically sent to the veteran within 120 days from the date that the NOD was filed. However, due to the VA backlog the agency might take longer to issue this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision over the basis of a rating or a claim for benefits.
The process of obtaining veterans disability benefits can be a challenge. A qualified veterans disability lawyer can help you navigate it from start to finish.
It's important that you choose an attorney who has experience in disability law and who handles cases of this nature at all levels of appeal. This ensures that you're receiving the best representation.
Appeal
When the VA decides to deny or not approve a claim, the veteran or the surviving spouse may appeal. This is a complex and lengthy process that can be complicated, even for the most basic disability claims. A veteran disability lawyer can assist you in understanding your options and get the benefits you deserve.
A common reason why people submit a claim for disability is that they are unhappy with their disability rating. In this situation, the lawyer can ensure that all the evidence is in place to support an appropriate rating based on a debilitating condition that was caused or worsened by military service.
A veterans disability lawyer could be needed by people who have had to wait too long for their benefits. The lawyer can help determine the missing documents and then submit a request to the VA for the relevant records.
A lawyer for veterans can also take away the burden of dealing directly with the VA. This gives you the time to focus on your health, and any other obligations you might have. Some lawyers are veterans, and this can result in an unmatched empathy for their clients. This could make a significant difference in the outcome of the appeal.
Higher-Level Reviews
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) Veterans have more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer examine the same evidence as in the original claim, and make a new determination. The senior reviewer is able to either confirm or reverse the previous rating.
The veteran or their representative may request an informal meeting with the senior reviewer to discuss the case, but only one such meeting is allowed. It is crucial to be prepared and provide the facts of your case in a concise way at this conference. An attorney who specializes in veterans disability can help you prepare for and participate in the informal conference.
Higher-level reviews are typically used to correct mistakes by the earlier reviewer in a disability claim, such as misinterpreting evidence or making errors in the law. The senior reviewer may alter an earlier decision on the same claim to correct these mistakes however only if those changes are advantageous to the person filing the claim.
A hearing at a personal level can be scheduled for the claimant as a consequence of the review at a higher-level. This gives the applicant to meet with the person who will be reviewing their claim and to present their case. A lawyer who is a veteran can assist in determining whether it's necessary to request a personal hearing, and with creating and presenting evidence during the hearing.
Notice of Disagreement
You may file a dispute within one-year of the date the local office mailed you the initial denial letter. The VA will examine your claim once more and draft an official statement of the case.
If you want to file a dispute with the VA, you should fill out VA Form 21-958. A disability lawyer can help you fill out the form correctly to appeal 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 determine what you think is wrong. Your attorney can help you decide the evidence you should include in the NOD. These could be statements from medical professionals or the results of diagnostic tests.
If your appeal is rejected at this stage, then you can have it re-examined again by a senior reviewer through an Higher Level Review. This can take up to 25 months, and you should have your attorney by all the way. If the VA denies your claim your lawyer can request an appearance before an Veterans Law judge to present evidence and testimony in person. Your lawyer will prepare your check in the event that your claim is approved.
Statement of the Case
Congress has passed a variety of laws to ensure that veterans receive compensation for their injuries, illnesses and conditions incurred during service. But, the VA is a huge bureaucracy, and it's easy to get lost in the maze of regulations. A veteran disability lawyer can assist in navigating the process and provide vital assistance to those who are seeking benefits.
The VA must review the case after a veteran has filed a Notice of Dispute with the local VA office. This includes examining the laws, regulations and evidence used in making the original decision. This includes reviewing the medical records of the veteran and in the event of a need, lay statements. The VA must provide the applicant with the Statement of Case which includes a list with evidence that it has reviewed.
The declaration should be written in plain language and explain the reasoning behind the decision, including the interpretation of the regulations and laws relevant to the case. It should address any claims made by the claimant in the NOD.
The Statement of the Case is typically sent to the veteran within 120 days from the date that the NOD was filed. However, due to the VA backlog the agency might take longer to issue this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision over the basis of a rating or a claim for benefits.
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