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How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of submitting an application for benefits from veterans disability may appear overwhelming. The right veterans disability attorney can help you navigate it from beginning to end.
It's crucial to find an attorney who only handles disability law and cases of this nature at all levels of appeal. This ensures you're receiving the best representation.
Appeal
If the VA refuses to approve a claim or does not approve benefits, it gives the veteran or his or her surviving spouse to appeal. Even the most basic disability claims can be a challenge for this lengthy and complicated procedure. A veterans disability attorney can help you understand your options and obtain the benefits you deserve.
The most common reason for people to submit a claim for disability is that they are not satisfied with their disability status. In this instance, the lawyer can ensure that the evidence is sufficient to support a fair rating based upon a disabling condition that was caused or worsened by military service.
Another reason for people to need a veterans disability lawyer is that they have been waiting too long to receive their benefits. The lawyer can help determine what documents are not available, and then make an inquiry for these records to the VA.
A veterans disability lawyer can alleviate the burden of dealing with the VA away from your shoulders. This will allow you to concentrate on your health and any other obligations you have. Certain attorneys are veterans themselves and this can provide them a unique compassion for 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 disability law firms have more options to appeal VA decisions if they do not agree. The Higher-Level Review is a decision review option that permits senior reviewers to look at the same evidence presented in the original claim and make a new decision on the case. The senior reviewer has the option to either reverse or confirm the previous rating.
The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, but only one such conference is permitted. In this meeting it is crucial to prepare and present your case facts in a clear manner. A veterans disability attorney can assist you in preparing and take part in the informal conference.
Higher-level reviews are typically used to correct mistakes made by the previous reviewer on a disability claim, such as misinterpreting evidence or making errors in the law. Senior reviewers can correct these errors by changing the previous decision, but only when it is in the best interest of the claimant.
A personal hearing can also be scheduled for the claimant as a result of the review at a higher level. This gives those seeking to be heard by the person reviewing their claim and discuss their arguments. A lawyer who is a veteran can assist with determining whether or not it's required to request a personal hearing, and also with preparation and presenting evidence during the hearing.
Notice of Disagreement
After the VA has assessed your claim and issued a decision, you can make a formal notice of disagreement within one year of the date the local office has sent you the initial denial letter. The VA will review the claim again and prepare a Statement of Case.
You should utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist complete this form in a way that is effective in appealing the decision. You do not have to list all the reasons you don't agree with the VA's decision but it is important to be specific in order to assist the VA to understand what you believe is wrong. Your attorney can advise you on what evidence to submit in the NOD such as statements from medical professionals or results of diagnostic tests.
If your appeal is denied at this point, you have another chance to review it by a senior reviewer in the form of A Higher-Level Review. It could take as long as 25 months, and you must have an attorney on all the process. If the VA refuses to accept your claim, your lawyer can request a hearing to be held before an Veterans Law Judge to present evidence and testimony in person. Your attorney will draft your check when your claim is accepted.
Statement of the Case
Congress has passed a number of laws to ensure that veterans receive compensation for injuries, illnesses and ailments they've experienced during their service. The VA is a massive bureaucracy and it's easy for people to be lost. A veteran disability lawyer can assist claimants navigate the system and offer the needed assistance.
The VA must examine the case after a veteran has filed a Notice of Dispute with the local VA office. This involves examining the laws, regulations and evidence used to reach the original decision. This includes reviewing the veteran's medical record and in the event of a need, lay statements. The VA must send the claimant a Statement of the Case which is a list of all the evidence it has looked over.
The statement should be in plain English and should explain the reasoning behind the decision, as well as the interpretation of the regulations and laws affecting the case. It should address any claims made by the claimant in the NOD.
The Statement of the Case is typically mailed to the veteran within 120 days of the date 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 rating decision or a claim for benefits, you should contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.
The process of submitting an application for benefits from veterans disability may appear overwhelming. The right veterans disability attorney can help you navigate it from beginning to end.
It's crucial to find an attorney who only handles disability law and cases of this nature at all levels of appeal. This ensures you're receiving the best representation.
Appeal
If the VA refuses to approve a claim or does not approve benefits, it gives the veteran or his or her surviving spouse to appeal. Even the most basic disability claims can be a challenge for this lengthy and complicated procedure. A veterans disability attorney can help you understand your options and obtain the benefits you deserve.
The most common reason for people to submit a claim for disability is that they are not satisfied with their disability status. In this instance, the lawyer can ensure that the evidence is sufficient to support a fair rating based upon a disabling condition that was caused or worsened by military service.
Another reason for people to need a veterans disability lawyer is that they have been waiting too long to receive their benefits. The lawyer can help determine what documents are not available, and then make an inquiry for these records to the VA.
A veterans disability lawyer can alleviate the burden of dealing with the VA away from your shoulders. This will allow you to concentrate on your health and any other obligations you have. Certain attorneys are veterans themselves and this can provide them a unique compassion for 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 disability law firms have more options to appeal VA decisions if they do not agree. The Higher-Level Review is a decision review option that permits senior reviewers to look at the same evidence presented in the original claim and make a new decision on the case. The senior reviewer has the option to either reverse or confirm the previous rating.
The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, but only one such conference is permitted. In this meeting it is crucial to prepare and present your case facts in a clear manner. A veterans disability attorney can assist you in preparing and take part in the informal conference.
Higher-level reviews are typically used to correct mistakes made by the previous reviewer on a disability claim, such as misinterpreting evidence or making errors in the law. Senior reviewers can correct these errors by changing the previous decision, but only when it is in the best interest of the claimant.
A personal hearing can also be scheduled for the claimant as a result of the review at a higher level. This gives those seeking to be heard by the person reviewing their claim and discuss their arguments. A lawyer who is a veteran can assist with determining whether or not it's required to request a personal hearing, and also with preparation and presenting evidence during the hearing.
Notice of Disagreement
After the VA has assessed your claim and issued a decision, you can make a formal notice of disagreement within one year of the date the local office has sent you the initial denial letter. The VA will review the claim again and prepare a Statement of Case.
You should utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist complete this form in a way that is effective in appealing the decision. You do not have to list all the reasons you don't agree with the VA's decision but it is important to be specific in order to assist the VA to understand what you believe is wrong. Your attorney can advise you on what evidence to submit in the NOD such as statements from medical professionals or results of diagnostic tests.
If your appeal is denied at this point, you have another chance to review it by a senior reviewer in the form of A Higher-Level Review. It could take as long as 25 months, and you must have an attorney on all the process. If the VA refuses to accept your claim, your lawyer can request a hearing to be held before an Veterans Law Judge to present evidence and testimony in person. Your attorney will draft your check when your claim is accepted.
Statement of the Case
Congress has passed a number of laws to ensure that veterans receive compensation for injuries, illnesses and ailments they've experienced during their service. The VA is a massive bureaucracy and it's easy for people to be lost. A veteran disability lawyer can assist claimants navigate the system and offer the needed assistance.
The VA must examine the case after a veteran has filed a Notice of Dispute with the local VA office. This involves examining the laws, regulations and evidence used to reach the original decision. This includes reviewing the veteran's medical record and in the event of a need, lay statements. The VA must send the claimant a Statement of the Case which is a list of all the evidence it has looked over.
The statement should be in plain English and should explain the reasoning behind the decision, as well as the interpretation of the regulations and laws affecting the case. It should address any claims made by the claimant in the NOD.
The Statement of the Case is typically mailed to the veteran within 120 days of the date 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 rating decision or a claim for benefits, you should contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.