How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of submitting an application for Fairmont veterans disability law Firm disability benefits can seem overwhelming. A lawyer for veterans can help you navigate the process.
It’s important that you choose an attorney who has experience in disability law and who handles these cases at all levels of appeal. This will ensure that you get the most effective representation.
Appeal
When the VA refuses or fails to approve a claim, the spouse of the deceased or veteran can file an appeal. It is a difficult and lengthy process that can be complicated even for the most simple disability claims. A veterans disability lawyer can assist you in understanding the options available to you and secure the benefits you deserve.
The most common reason for people to file a claim for disability is because they are dissatisfied with their disability status. In this situation, a lawyer can make sure there is enough evidence to justify a rating that is appropriate based on a condition caused or made worse by military service.
A veterans disability lawyer could be needed by those who have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing and submit a request to the VA to obtain those documents.
Having a veterans disability attorney can also take the burden of dealing with the VA away from your shoulders. This will let you focus on your health and any other responsibilities that you may have. Some attorneys are andrews veterans disability law firm themselves which can give them a unique level of compassion for their clients and give them a greater stake in their cases. 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) provides veterans with more options to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review option that allows an experienced reviewer to examine the same evidence that was presented in the original claim and make a fresh determination. The senior reviewer may confirm or reverse the previous rating decision.
The individual or the representative of the veteran can arrange for a casual conference with the senior reviewer to discuss the case, however, only one of these conferences is permitted. It is crucial to be prepared and present your case in a clear way at this conference. An attorney with expertise in the field of disability for wiggins veterans disability lawsuit can help you prepare for and participate in the informal conference.
Higher-level reviews are usually utilized to correct errors made by the earlier reviewer in a disability case, such as mistakenly interpreting evidence or committing errors in the law. The senior reviewer may alter an earlier decision regarding the same claim in order to rectify these errors however only if those changes are beneficial to the claimant.
A personal hearing can also be scheduled for the claimant in the wake of the review at a higher level. This is an opportunity for the applicant to meet with the person who will be reviewing their claim and present their arguments. A lawyer for veterans can assist in determining whether or not it is necessary to request a private hearing, and also with preparation and presenting evidence at the hearing.
Notice of Disagreement
Once the VA has reviewed your claim and made a decision, you are able to file a written notice of disagreement within one year from the date on which the local office gives you the original denial notice. The VA will review the claim once more and draft a Statement of the Case.
You must make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out the form correctly to appeal the decision. You don’t have to include every reason that you disagree with the decision; however it is better to be specific so that the VA can understand exactly what you believe is incorrect. Your attorney can guide you on the kind of evidence to include to support the NOD, like statements from medical professionals or results of diagnostic tests.
If your appeal is rejected at this point, you can have it reviewed by a senior reviewer through an Higher Level Review. This process can take approximately 25 months. You should be with your lawyer at all times. If the VA denies your claim, your lawyer can request a hearing before a Veterans Law judge to present testimony and other evidence in person. If your claim is accepted, your attorney will prepare you for the check.
Statement of the Case
Congress has passed numerous laws to ensure that veterans receive compensation for illnesses, injuries, and other ailments they’ve suffered during their service. But, the VA is a massive bureaucracy, and it’s easy to get lost in the system. A veteran disability attorney can guide you through the process and offer much-needed assistance for those who are seeking benefits.
If a veteran files a Notice of Disagreement with his or local VA office, the VA must conduct an investigation into the case. This involves examining the regulations, laws and the evidence used to make the original decision. This includes looking over the veteran’s medical record and when necessary lay statements. The VA must provide the claimant with a Statement of Case, which includes a list of 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 which affect the case. It should address all the contentions the claimant raised in his or her 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 it could take longer to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision regarding an assessment or claim for benefit.