How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of applying for tifton veterans disability law firm disability benefits can seem overwhelming. A veteran disability lawyer can help you navigate the procedure.
It’s important to find a lawyer who limits their practice to disability cases and only handles those cases at every level of appeal. This will ensure that you’re receiving the best representation.
Appeal
When the VA denies a claim, or does not approve benefits, it gives the veteran or his or her surviving spouse to appeal. This is a lengthy and lengthy process that can be complicated even for the most basic disability claims. A veteran disability lawyer can assist you in understanding all of your options and secure the benefits you deserve.
The most common reason people need to declare an claim for disability is because they are not content with their disability status. In this case, the lawyer can make sure that the evidence is in place to support an appropriate rating based on a disability condition caused or exacerbated by military service.
Another common reason for people to require a veterans disability lawyer is because they’ve waited too long to receive their benefits. The lawyer can assist in determining the missing documents and can then make a request to the VA to obtain those documents.
A lawyer for veterans can also ease the burden of dealing directly with the VA. This allows you to concentrate on your health and any other obligations that you may have. Some lawyers are veterans and this can result in an unmatched compassion for their clients. This can make a big difference in the outcome of the appeal.
Higher-Level Reviews
port wentworth veterans disability law firm have more recourse options to appeal VA decisions if they disagree. The Higher-Level Review is a decision review option that permits an experienced reviewer to review the same evidence presented in the original claim and then make an additional decision on the case. The senior reviewer can either confirm or reverse the previous rating decision.
The individual or the representative of the veteran can request an informal meeting with the senior reviewer to discuss the case, however, only one such meeting is permitted. At this meeting, it is important to prepare and present your case’s facts in a clear manner. An attorney with expertise in veterans ‘ disability can help you prepare and participate in the informal conference.
The higher-level review is often used to correct mistakes made by the previous reviewer of an appeal for disability. For instance when the previous reviewer misinterpreted the evidence or made mistakes in the law. Senior reviewers can correct the errors by altering the decision made previously, but only when it is beneficial to the claimant’s interests.
The higher-level review could result in a private hearing for the claimant, which is an opportunity to talk to the person reviewing the claim and present the arguments. A lawyer who is a veteran can help determine whether or not it is necessary to request a personal hearing, as well as preparing and presenting the evidence during the hearing.
Notice of Disagreement
After the VA has assessed your claim and issued an assessment, you may 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 then review your case once more and prepare an official statement of the case.
You should use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. You don’t have to list every reason why you disagree with the decision. However it is better to be specific so that the VA is aware of what you believe to be incorrect. Your attorney can help you determine what evidence to include with the NOD. This could be statements from medical professionals or results from diagnostic tests.
If your appeal is not accepted at this point, you can ask to have it reviewed again by a senior reviewer through an Higher Level Review. The process can take between 25 and about 25 months and you must be with your lawyer throughout the process. 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 ultimately granted, your lawyer will prepare you for the check.
Statement of the Case
Congress has enacted a number of laws to ensure that veterans are paid for their injuries, illnesses and other ailments that they suffer during their service. The VA is a huge bureaucracy and it’s easy to get lost. A veteran disability attorney can help you navigate the process and offer much-needed assistance to applicants.
Once a veteran files a Notice of Disagreement with his her local VA office, the VA must conduct an investigation of the case. This includes looking into the laws, regulations and the evidence used to make the initial decision. It also involves examining the veteran’s medical records and, if needed lay statements. The VA must provide the claimant with a Statement of Case that includes a list of all evidence that it has looked over.
The statement should outline clearly the reasoning behind the decision, as well as how it interpreted the laws and regulations that affected the case. It should address any claims made by the plaintiff in his or her NOD.
The Statement of the Case is usually mailed to the veteran within 120 days from the date the NOD was filed. Due to the VA backlog, it may take longer for the agency to issue the statement. If you are a veteran appealing the decision of a rating agency or a claim for benefits, you should contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.