5 Laws That Anyone Working In Veterans Disability Compensation Should Be Aware Of
How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of submitting an application for veterans disability benefits can seem overwhelming. A qualified veterans disability lawyer can help you navigate it from start to finish.
It's important to find a lawyer who limits their law practice to disability cases and exclusively handles those cases at every stage of appeal. This will ensure that you get the best representation.
Appeals
When the VA refuses or fails to accept a claim, the veteran or the surviving spouse may appeal. Even the most basic disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veterans disability lawyer can help you understand the various options available and obtain the benefits you deserve.
One common reason that people declare an application for disability benefits is that they are not content with the disability rating they have received. In this situation, the lawyer can make sure that the evidence is sufficient to support an appropriate rating based on a disability condition that is 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 help determine the missing documents, and then submit the request for these documents to the VA.
A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will give you the time to concentrate on your health, as well as any other obligations you might have. Some attorneys are veterans and this can provide them a unique level of compassion for plamosoku.com their clients and make them more invested in their cases. This could make a significant difference in the outcome of the appeal.
Higher-Level Reviews
Veterans have more options to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to look at the same evidence that was presented in the original claim and make a fresh decision. The senior reviewer has the choice to either reverse or confirm the previous rating.
The individual or the representative of the veteran can ask for an informal conference with the senior reviewer to discuss the case, however, only one such conference is permitted. At this meeting it is essential to prepare and present your case facts in a clear manner. An attorney with expertise in the field of disability for veterans can help you prepare and participate at the informal conference.
Higher-level reviews are usually used to correct mistakes made by the previous reviewer in a disability claim, such as not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these errors by altering the decision made previously but only if it is in the best interests of the claimant.
A personal hearing may be scheduled for the claimant in the wake of the review at a higher-level. This gives those seeking to be heard by the person who is reviewing their case and present their arguments. A veterans disability lawyer can help determine whether or not it is necessary to request a personal hearing, and also with preparation and presenting evidence at the hearing.
Notice of Disagreement
After the VA has examined your claim and reached a decision, you can file a written notice of disagreement within one year of the date the local office sends you the initial denial letter. The VA will then review your claim again and issue a Statement of Case.
You should 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 list every reason why you are not with the decision; however, it is better to be specific in order that the VA is aware of what you believe to be incorrect. Your attorney can assist you in deciding the evidence you should include in the NOD. This could be statements from medical professionals or results from diagnostic tests.
If your appeal is not accepted at this stage, then you can ask to have it reviewed by a senior judge through a 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 continues to deny your claim, your lawyer can request a hearing to be conducted before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is accepted, your attorney will prepare you for the check.
Statement of the Case
Congress has passed a number of laws to ensure that veterans receive compensation for illnesses, injuries and other ailments they've suffered during their service. However, the VA is a huge bureaucracy and it is easy to be lost within the system. A veteran disability lawyer can guide you through the process and provide crucial assistance to those who are seeking benefits.
Once a veteran files a Notice of Disagreement in his or local VA office, the agency must conduct a review of the case. This includes reviewing the laws, regulations and the evidence used to make the original decision. It also involves examining the veteran's medical records and in the event of a need lay statements. The VA must provide the claimant with an Statement of Case which contains a list of evidence it has analyzed.
The statement should state in clear language the reasoning behind the decision, and how it decided to interpret the laws and regulations that affected the case. It should address the allegations made by the plaintiff in the NOD.
The Statement of the Case is typically mailed to the veteran within 120 days of when the NOD was filed. Due to the VA backlog it may take longer for the agency to issue the document. If you're a veteran who is appealing a decision on your rating or claim for benefits, please contact an attorney for veterans disability lawsuits disability from Fusco, Brandenstein & Rada, P.C.