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How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of getting veterans disability benefits can be a challenge. A lawyer who is a veterans disability attorney can help you navigate the process.
It's essential to find an attorney who only is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure that you get the best representation.
Appeals
When the VA denies a claim, or does not approve benefits, it allows the veteran or his or spouse who survives to file an appeal. Even the most basic disability claims can be a challenge for this lengthy and complicated procedure. A veterans disability attorney can help you understand your options and get the benefits you deserve.
One common reason that people have to submit an application for disability benefits is that they are unhappy with the disability rating they have received. In this situation, the lawyer can make sure that the evidence is sufficient to support a fair rating based on a disabling condition caused or exacerbated by military service.
Another reason that people tend to require a veterans disability lawyer is because they've been waiting too long to get their benefits. The lawyer can assist in determining what documents are missing and then make the request for these documents to the VA.
A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will let you focus on your health and other obligations that you may have. Some lawyers are veterans, and this can create an exceptional empathy for their clients. This could make a significant 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 if 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 provided 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 ask for an informal conference with the senior reviewer to discuss the case, but only one such meeting is allowed. It is essential to be prepared and provide the facts of your case in a clear way at this conference. A veteran disability attorney can assist you in preparing and take part in the informal conference.
The higher-level review is usually used to correct mistakes made by the previous reviewer of the disability claim. For instance in the event that the previous reviewer misinterpreted evidence, or made errors in the law. The senior reviewer can alter an earlier decision regarding the same claim to correct these mistakes however only if those modifications are beneficial for the applicant.
The higher-level review could result in a hearing for the applicant, which provides an opportunity to meet with the person who will be reviewing the claim, and explain the arguments. A veterans disability lawyer can assist with determining whether or not it is required to request a personal hearing, and also with preparation and presenting evidence at the hearing.
Notice of Disagreement
You can file a disagreement within one-year of the date the local office sent you the initial denial letter. The VA will review the claim again and issue a Statement of the Case.
You must utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist to fill out the form correctly to ensure it is effective in contesting the decision. You don't have to include every reason why you disagree with the decision; however it is recommended to be specific in order that the VA knows exactly what you believe is incorrect. Your attorney can advise you on the evidence you should submit in the NOD like statements from medical professionals or the results of diagnostic tests.
If your appeal is rejected at this stage If you are denied, you can try again to be reviewed by an experienced reviewer in form of a Higher-Level Review. The process can take between 25 and about 25 months and you must be with your attorney throughout the process. If the VA is unable to resolve your claim, your lawyer may request a hearing to be conducted before a Veterans Law Judge to present evidence and testimony in person. Your lawyer will draft your check should your claim be approved.
Statement of the Case
Congress has passed a variety of laws to ensure that veterans receive compensation for injuries, illnesses and conditions they have suffered during their time of service. The VA is a big bureaucracy and it's not difficult to be lost. A veteran disability attorney can assist in navigating the process and offer much-needed assistance to those who are seeking benefits.
The VA must review the case following the time the veteran has filed the Notice of Dispute to the local VA office. This involves examining the regulations, laws, and evidence used in the initial decision. Also, it involves looking over the veteran's medical records and in the event of a need, lay statements. The VA must provide the applicant with a Statement of Case, which includes a list with evidence that it has reviewed.
The statement should be written in plain language and explain the reasoning for the decision, including the interpretation of the regulations and laws which affect the case. It should address all arguments made by the claimant in his or her NOD.
The Statement of the Case is typically sent to the veteran within 120 days from the date on which the NOD was filed. 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 vet who is contesting a decision regarding a rating or a claim for benefits.
The process of getting veterans disability benefits can be a challenge. A lawyer who is a veterans disability attorney can help you navigate the process.
It's essential to find an attorney who only is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure that you get the best representation.
Appeals
When the VA denies a claim, or does not approve benefits, it allows the veteran or his or spouse who survives to file an appeal. Even the most basic disability claims can be a challenge for this lengthy and complicated procedure. A veterans disability attorney can help you understand your options and get the benefits you deserve.
One common reason that people have to submit an application for disability benefits is that they are unhappy with the disability rating they have received. In this situation, the lawyer can make sure that the evidence is sufficient to support a fair rating based on a disabling condition caused or exacerbated by military service.
Another reason that people tend to require a veterans disability lawyer is because they've been waiting too long to get their benefits. The lawyer can assist in determining what documents are missing and then make the request for these documents to the VA.
A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will let you focus on your health and other obligations that you may have. Some lawyers are veterans, and this can create an exceptional empathy for their clients. This could make a significant 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 if 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 provided 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 ask for an informal conference with the senior reviewer to discuss the case, but only one such meeting is allowed. It is essential to be prepared and provide the facts of your case in a clear way at this conference. A veteran disability attorney can assist you in preparing and take part in the informal conference.
The higher-level review is usually used to correct mistakes made by the previous reviewer of the disability claim. For instance in the event that the previous reviewer misinterpreted evidence, or made errors in the law. The senior reviewer can alter an earlier decision regarding the same claim to correct these mistakes however only if those modifications are beneficial for the applicant.
The higher-level review could result in a hearing for the applicant, which provides an opportunity to meet with the person who will be reviewing the claim, and explain the arguments. A veterans disability lawyer can assist with determining whether or not it is required to request a personal hearing, and also with preparation and presenting evidence at the hearing.
Notice of Disagreement
You can file a disagreement within one-year of the date the local office sent you the initial denial letter. The VA will review the claim again and issue a Statement of the Case.
You must utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist to fill out the form correctly to ensure it is effective in contesting the decision. You don't have to include every reason why you disagree with the decision; however it is recommended to be specific in order that the VA knows exactly what you believe is incorrect. Your attorney can advise you on the evidence you should submit in the NOD like statements from medical professionals or the results of diagnostic tests.
If your appeal is rejected at this stage If you are denied, you can try again to be reviewed by an experienced reviewer in form of a Higher-Level Review. The process can take between 25 and about 25 months and you must be with your attorney throughout the process. If the VA is unable to resolve your claim, your lawyer may request a hearing to be conducted before a Veterans Law Judge to present evidence and testimony in person. Your lawyer will draft your check should your claim be approved.
Statement of the Case
Congress has passed a variety of laws to ensure that veterans receive compensation for injuries, illnesses and conditions they have suffered during their time of service. The VA is a big bureaucracy and it's not difficult to be lost. A veteran disability attorney can assist in navigating the process and offer much-needed assistance to those who are seeking benefits.
The VA must review the case following the time the veteran has filed the Notice of Dispute to the local VA office. This involves examining the regulations, laws, and evidence used in the initial decision. Also, it involves looking over the veteran's medical records and in the event of a need, lay statements. The VA must provide the applicant with a Statement of Case, which includes a list with evidence that it has reviewed.
The statement should be written in plain language and explain the reasoning for the decision, including the interpretation of the regulations and laws which affect the case. It should address all arguments made by the claimant in his or her NOD.
The Statement of the Case is typically sent to the veteran within 120 days from the date on which the NOD was filed. 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 vet who is contesting a decision regarding a rating or a claim for benefits.