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The process of getting veterans disability benefits can be a challenge. The right veterans disability attorney can help you navigate it from start to finish.
It is essential to find an attorney that only handles disability law and these cases at all levels of appeal. This ensures that you're receiving the best representation.
Appeals
If the VA refuses or fails to accept a claim, the spouse of the deceased can appeal. This is a complex and lengthy procedure that can be complicated even for the most basic disability claims. A veterans disability attorney can assist you in understanding your options and obtain the benefits you deserve.
The most common reason people need to file a disability claim is because they are not happy with their disability rating. In this situation lawyers can make sure that there's enough evidence to justify the appropriate rating due to a condition caused or aggravated by military service.
A veteran disability lawyer might be required by those who have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing and then submit an application for these records to the VA.
A lawyer for veterans' disability can also ease the burden of dealing directly with the VA. This gives you the time to concentrate on your health, as well as any other obligations you might have. Certain attorneys are veterans and this can create an unmatched compassion for their clients. This can make a big 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 on their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to look at the same evidence as in the original claim and then make a new decision. The senior reviewer can choose to either affirm or reverse the previous rating.
The veteran or their representative may ask for an informal conference with the senior reviewer to discuss the case, but only one such conference is permitted. It is crucial to be prepared and explain your case in a concise way at this conference. A veterans disability law firm disability attorney can assist you in preparing and participate in the informal conference.
Higher-level reviews can be used to correct errors made by the reviewer who was earlier in a disability claim which could include not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these mistakes by changing a previous decision however only when it is in the best interest of the claimant.
A personal hearing may be arranged for the claimant as a result of the review at a higher-level. This gives the claimant to meet with the person who is reviewing their claim and present their arguments. A lawyer who is a veteran can help you determine whether or not it is necessary to request a private hearing, as well as preparing and presenting the evidence during the hearing.
Notice of Disagreement
You may file a dispute within one year from the date the local office mailed you the initial denial letter. The VA will review your case once more and draft a Statement of the Case.
You should use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. You do not have to list all the reasons you don't agree with the VA's decision but it is best to be specific to help the VA know what you believe is wrong. Your attorney can guide you on the kind of evidence to include in the NOD including statements from medical professionals or results of diagnostic tests.
If your appeal is denied at this point There is a second chance to be reviewed by a senior reviewer in the form of a Higher-Level review. This process can take 25 months and you should be with your lawyer throughout the process. If the VA continues to deny your claim, your lawyer could request a hearing to be held before a Veterans Law Judge to present testimony and additional evidence in person. Your attorney will draft your check in the event that your claim is approved.
Statement of the Case
Congress has passed numerous laws to make sure that veterans are compensated for their injuries, illnesses and other ailments suffered during service. The VA is a big bureaucracy and it's easy for people to get lost. A veteran disability attorney can assist in navigating the process and provide vital assistance to those seeking assistance.
Once a veteran has filed a Notice of Disagreement with his or local VA office, the VA must conduct an examination of the case. This involves examining the laws, regulations and evidence used to reach the original decision. It also includes examining the veteran's medical records and when necessary lay statements. The VA must provide the claimant with a Statement of the 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 law and Veterans disability attorney regulations affecting the case. It should address the issues that the claimant has made in his or her NOD.
The Statement of the Case is usually sent to the veteran within 120 days of the date the NOD was filed. However, due to the VA backlog and backlog, the agency could delay the release of this document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran appealing a decision on a rating or a claim for benefit.
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