10 Apps To Aid You Control Your Veterans Disability Compensation
How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of submitting an application for benefits for veterans disability can be overwhelming. The right veterans disability attorney (helpful hints) can help you navigate it from start to finish.
It's essential to choose a lawyer who restricts their law practice to disabilities and only handles these cases at each level of appeal. This will ensure you receive the most effective representation.
Appeal
If the VA refuses to approve 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 claim can complicate this complex and time-consuming procedure. A veterans disability attorney can assist you in understanding your options and get the benefits you deserve.
The most common reason for people to make a claim for disability is that they are unhappy with their disability rating. In this instance, the lawyer can ensure that all the evidence is in place to support a fair rating based on a debilitating condition caused by or aggravated by military service.
Another common reason for people to require a veterans disability lawyer is because they've waited for too long to receive benefits. The lawyer can help determine the missing documents and can then make a request to the VA for those records.
Having a veterans disability attorney can also relieve the burden of dealing with the VA away from your shoulders. This will give you the time to focus on your health and any other obligations you have. Some lawyers are veterans which can give them an exceptional compassion for their clients. This can make a massive difference in the outcome of the appeal.
Higher-Level Reviews
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) Veterans have more options to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows an experienced reviewer to examine the same evidence as was presented in the original claim and then make a new decision on the case. The senior reviewer has the choice to either affirm or reverse the previous rating.
A veteran or their representative may arrange for an informal conference to discuss the case with the senior reviewer. However only one conference is permitted. It is important to be prepared and present the facts of your case in a clear manner during this meeting. A veterans disability attorney can assist you in preparing and participate in the informal conference.
Higher-level reviews are often utilized to correct errors made by the previous reviewer in a disability claim for example, not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct the errors by changing the previous decision however only when it is in the best interests of the claimant.
The more extensive review can result in a personal hearing for the applicant, which gives the claimant an opportunity to speak with the person reviewing the claim, and explain the arguments. A lawyer who is a veteran can help you determine whether it's necessary to request a private hearing, and 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 notice of disagreement within one year of the date when the local office gives you the original denial letter. The VA will review your case again and prepare a Statement of the Case.
In order to file a disagreement for a disagreement, you should file VA Form 21-958. 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 do not agree with the VA's decision but it is important to be specific in order to help the VA to understand what you believe is wrong. Your attorney can assist you in deciding the evidence you should include in the NOD. This could be statements from medical professionals or the results of diagnostic tests.
If your appeal is denied at this point There is a second chance to review it by a senior reviewer in form of an Higher-Level Review. This can take up to 25 months, and you must have an attorney on all the procedure. If the VA still denies your claim, your lawyer can request that a hearing be held before an veterans disability law firm Law Judge to present testimony and additional evidence in person. Your lawyer will draft your check in the event that your claim is approved.
Statement of the Case
Congress has passed many laws to ensure that veterans receive compensation for illnesses, injuries and conditions they've endured during their service. The VA is a huge bureaucracy, and it's easy to be lost. A veteran disability lawyer can assist claimants navigate the system and provide the needed assistance.
Once a veteran has filed a Notice of Disagreement with his or local VA office, the VA must conduct a review of the case. This includes looking at the laws, regulations and the evidence used to make the original decision. This includes looking over the medical records of the veteran as well as at times, lay statements. The VA must send the claimant a Statement of Case which includes a listing of all evidence it examined.
The statement should be in plain language and explain the reasoning behind the decision, including the interpretation of the laws and Veterans disability attorney regulations relevant to the case. It should address all claims made by the plaintiff in the NOD.
The Statement of the Case is typically sent to the veteran within 120 days from when the NOD was filed. However due to the VA backlog and backlog, the agency could take longer to issue this document. If you're a veteran seeking to appeal the decision of a rating agency or a claim for benefits, contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.