• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve

The process of obtaining veterans disability benefits can be a challenge. The right veterans disability attorney can guide you from start to finish.

It's important that you locate an attorney who is skilled in disability law and can handle cases of this nature at all levels of appeal. This ensures you're receiving the best legal representation.

Appeals

If the VA refuses to approve a claim or fails to approve benefits, it gives the veteran or or the spouse who died to appeal. Even the simplest disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veterans disability lawyer can assist you in understanding the options available to you and secure the benefits you deserve.

One of the main reasons people need to submit a disability claim is that they are not happy with their disability rating. In this instance, the lawyer can make sure that the evidence is in place to support an appropriate rating based upon a disabling condition that was caused or worsened by military service.

Another reason that people tend to require a veterans disability lawyer is that they have been waiting for too long to receive benefits. The lawyer can help determine the missing documents, and then submit an application for these records to the VA.

The help of a veterans disability lawyer can relieve the burden of dealing with the VA away from your shoulders. This will let you concentrate on your health and any other obligations you have. Some attorneys are veterans themselves and this gives them a unique type of empathy with their clients and give them a greater stake in their cases. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

veterans disability lawyers have more options to appeal VA decision if they disagree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer examine the same evidence that was presented in the original claim and then make a new decision. The senior reviewer has the choice to either confirm or reverse the previous rating.

The individual or the representative of the veteran can request an informal meeting with the senior reviewer to discuss the case, but only one of these conferences is allowed. It is essential to be prepared and provide the facts of your case in a clear manner during this meeting. A lawyer for veterans may help you prepare and participate in the informal conference.

The higher-level reviews are typically used to correct errors made by the previous reviewer of the disability claim. For instance in the event that the previous reviewer misinterpreted evidence or made errors in the law. The senior reviewer may alter the previous decision made on the same claim in order to correct these kinds of errors however only if the changes are advantageous to the person filing the claim.

The higher-level review could result in a personal hearing for the claimant which gives them the chance to connect with the person reviewing the claim and explain their arguments. A veterans disability lawyer can help determine whether or not the need for a personal hearing is justified and prepare and present evidence for the hearing.

Notice of Disagreement

You may file a dispute within one-year of the date the local office mailed you the initial denial letter. The VA will review your claim once more and prepare an official statement of the case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you complete this form correctly 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 important to be specific in order to assist the VA understand what you think is wrong. Your attorney can advise you on the evidence you should submit to support the NOD, like statements from medical professionals or the results of diagnostic tests.

If your appeal is not accepted at this stage, then you can have it re-examined again by a senior reviewer through a Higher Level Review. This process could take up to up to 25 months, and you should be with your lawyer throughout the process. If the VA continues to deny your claim, your lawyer could request that a hearing be conducted before a Veterans Law Judge to present testimony and additional evidence in person. Your attorney will prepare your check when your claim is accepted.

Statement of the Case

Congress has passed a number of laws to ensure veterans receive compensation for injuries, illnesses and conditions they have suffered during their time of service. The VA is a big bureaucracy, and it's easy to be lost. A veteran disability attorney can help you navigate the process and provide crucial assistance to applicants.

The VA must examine the case after a veteran has filed a Notice of Dispute with the local VA office. This includes looking into the laws, regulations and veterans disability the evidence used to make the initial decision. This includes looking over the medical record of the veteran as well as when necessary, lay statements. The VA must provide the claimant with a Statement of the Case which includes a listing of all evidence it has reviewed.

The statement should be written simple and clear, and also explain the reasoning for the decision, including the interpretation of the laws and regulations relevant to the case. It should address the issues raised by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was received. Due to the VA backlog, it may take longer for the agency to issue the document. If you're a veteran seeking to appeal an appeal of a rating decision or claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.