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The process of getting veterans disability benefits can be a challenge. A good veterans disability attorney can guide you from beginning to end.
It is essential to find a lawyer who has a limit on their practice to disability cases and exclusively handles these cases at every stage of appeal. This will ensure that you get the most effective representation.
Appeal
When the VA denies or does not consider a claim, the veteran or the surviving spouse may appeal. Even the simplest disability claims can make this a complicated and lengthy procedure. A veterans disability attorney can help you understand your options and ensure you receive the benefits you deserve.
The most common reason people make a disability claim is that they are not content with the disability rating they have received. In this situation an attorney can make sure that there's enough evidence to support the proper rating for a condition that is caused or made worse by military service.
Another common reason for people to require a veterans disability lawyer is that they have been waiting too long for benefits. The lawyer can help determine what documents are not available, and then submit an inquiry for these records to the VA.
A veteran disability attorney can also take the burden of dealing with the VA away from your shoulders. This will allow you the time to concentrate on your health and any other responsibilities you may have. Some lawyers are veterans themselves and this gives them a unique type of empathy for their clients and increase the stakes 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) allows veterans to have more options if they do not agree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that allows 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 confirm or reverse the previous rating.
A veteran or their representative may arrange for an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is permitted. It is essential to be prepared and explain your case in a concise manner at this time. An attorney for veterans can assist you in preparing and take part in the informal conference.
The higher-level review is typically used to correct mistakes made by the previous reviewer of the disability claim. For example in the event that the previous reviewer misinterpreted the evidence or made mistakes in the law. Senior reviewers can correct these mistakes by altering the decision made previously however only when it is beneficial to the claimant's interests.
The more extensive review can lead to a personal hearing for the claimant, which is an opportunity to talk to the person who is reviewing the claim and present the arguments. A veteran disability lawyer can help decide whether or not an individual hearing is necessary, as well as prepare and present evidence during the hearing.
Notice of Disagreement
After the VA has reviewed your claim and made a decision, you are able to submit a notice of disagreement within one year from the date on which the local office gives you the original denial letter. The VA will review your claim once more and prepare a Statement of the Case.
To file a complaint to file a dispute, you must use VA Form 21-958. An attorney for disabled people can help to fill out the form in a way that is effective in contesting the decision. You don't need to list every reason you don't agree with the decision; however it is best to be specific so that the VA knows exactly what you believe is incorrect. Your attorney can guide you about the type of evidence you can submit along with the NOD, like statements from medical professionals or the results of diagnostic tests.
If your appeal is rejected at this point, you can request that it be reviewed by a senior judge through an Higher Level Review. This could take up to 25 months, and it is important to have your lawyer by your side throughout the procedure. If the VA still denies your claim, your lawyer could request a hearing to be held before an Veterans Law Judge to present evidence and testimony in person. If your claim is granted, your lawyer will prepare you for the check.
Statement of the Case
Congress has passed many laws to ensure veterans receive compensation for injuries, illnesses and other ailments they've suffered during their time of service. But, the VA is a huge bureaucracy and it is easy to be lost within the system. A veteran disability lawyer can assist in navigating the process and provide much-needed assistance for those seeking assistance.
When a veteran files a Notice of Disagreement with his her local VA office, the VA must conduct a review of the case. This involves examining the regulations, laws and the evidence used to make the original decision. This includes reviewing the medical records of the veteran as well as in the event of a need lay statements. The VA must provide the claimant with a Statement of Case that includes a list of all evidence it has looked over.
This statement should be simple and clear, and also explain the reasoning behind the decision, including the interpretation of the laws and regulations relevant to the case. It should address the claims made by the plaintiff in his or her NOD.
The Statement of the Case is usually sent to the veteran within 120 days from when the NOD was filed. Due to the VA backlog, it could take longer for the agency to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision over an assessment or claim for benefits.
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