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

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

It's important to locate a lawyer that limits their law practice to disability cases and only handles those cases at every level of appeal. This will ensure you receive the best representation.

Appeal

When the VA refuses or fails to approve a claim, the veteran or the surviving spouse may appeal. It is a difficult and lengthy process that could be complicated even for the most simple disability claims. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.

The most common reason people make a claim for disability is that they are unhappy with their disability rating. In this instance, a lawyer can make sure that there's enough evidence to back a rating that is appropriate in light of a condition that was caused or made worse by military service.

Another reason that people tend to need a veterans disability lawyer is because they've been waiting too long to get their benefits. The lawyer can help determine what documents are missing and submit a request to the VA for those records.

Having a veterans disability attorney - visit this hyperlink, can also help you deal with the VA away from you. This will allow you to concentrate on your health and any other obligations you have. Certain attorneys are veterans themselves and this gives them a unique compassion for their clients. They also increase the stakes in their cases. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

veterans disability lawsuits can appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to look at the same evidence presented in the original claim, and make a new determination. The senior reviewer has the option to either confirm or reverse the previous rating.

A veteran or their representative could request an informal meeting to discuss the matter with the senior reviewer. However, only one conference is allowed. It is important to be prepared and provide the facts of your case in a concise manner at this meeting. A veterans disability attorney can help you prepare and participate in the informal conference.

The higher-level reviews are typically used to correct mistakes made by the previous reviewer of an appeal for disability. For example when the previous reviewer misinterpreted evidence, or made errors in the law. The senior reviewer can change an earlier decision on the same claim in order to correct these mistakes however only if the changes are beneficial to the applicant.

The more extensive review can lead to a personal hearing for the applicant, which gives them the chance to speak with the person who is reviewing the claim and present their arguments. A veterans disability lawyer can assist with determining whether or not it is required to request a personal hearing, veterans Disability attorney and also with creating and presenting evidence during the hearing.

Notice of Disagreement

Once the VA has reviewed your claim and made a decision, you are able to submit a notice of disagreement within one year of the date the local office mails you the original denial letter. The VA will review the case again and issue a Statement of Case.

If you want to file a dispute, you should use VA Form 21-958. A disability lawyer can assist 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 and help the VA determine what you think is wrong. Your attorney can help you determine which evidence to include in the NOD. This could include statements from medical professionals or the results of diagnostic tests.

If your appeal is not granted at this stage, you have another chance to review it by a senior reviewer in the form of a Higher-Level review. This process could take as long as up to 25 months, and you should be in contact with your lawyer throughout the process. If the VA continues to deny your claim, your lawyer could request that a hearing be conducted before an Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will prepare your check if your claim is awarded.

Statement of the Case

Congress has written extensive laws to make sure that veterans are compensated for their injuries, illnesses and conditions incurred during service. The VA is a big bureaucracy, and it's easy to become lost. A veteran disability lawyer can help those seeking assistance navigate the system and offer the needed assistance.

Once a veteran has filed a Notice of Disagreement in his or her local VA office, the VA must conduct an investigation into the case. This includes looking into the regulations, laws, and evidence used in the initial decision. This includes looking over the medical records of the veteran and at times, lay statements. The VA must provide the applicant with an official statement of case that includes a list of evidence that it has reviewed.

This statement should explain in a clear manner the reasoning behind its decision, as well as how it interpreted the laws and regulations that impacted the case. It should address the allegations that the claimant has made in his or her NOD.

The Veteran will receive the Statement of Case 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 are a veteran who is appealing a decision on your rating or claim for benefits, contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.