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

The process of submitting an application for veterans disability benefits can be overwhelming. The right veterans disability attorney can guide you from start to finish.

It is essential to choose a lawyer who restricts their practice to disability cases, and only handles those cases at all levels of appeal. This ensures you're receiving the best legal representation.

Appeal

When the VA refuses to approve a claim or does not approve benefits, it gives the veteran or or the spouse who died to file an appeal. Even the most basic disability claims could be a challenge for this lengthy and complicated procedure. A veterans disability attorney can help you understand your options and get the benefits you deserve.

A common reason why people make an claim for disability is because they are not happy with the disability rating they have received. In this case, a lawyer can make sure there is enough evidence to justify the proper rating for a condition that is caused or aggravated by military service.

Another reason for people to require a veteran disability lawyer is that they've waited too long to receive their benefits. The lawyer can help determine the missing documents and can then make a request to the VA for those records.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This gives you the time to concentrate on your health and any other obligations you have. Some lawyers are veterans, and this may result in an unmatched empathy for their clients. This can make a major difference in the outcome of the appeal.

Higher-Level Reviews

Since the veterans disability lawsuits Appeals Improvement and Modernization Act of 2017 (AMA) veterans disability lawyers have more options when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to examine the same evidence provided in the original claim and make a new determination. The senior reviewer has the option to either affirm or reverse the previous rating.

The individual or the representative of the veteran can arrange for a casual conference with the senior reviewer to discuss the case, however, only one of these conferences is permitted. It is important to be prepared and provide your case in a clear manner at this time. A veterans disability attorney can assist you in preparing and take part in the informal conference.

The higher-level review is typically used to correct errors made by the previous reviewer of an appeal for disability. For instance, if the earlier reviewer misinterpreted evidence or made mistakes in the law. The senior reviewer can change an earlier decision on the same claim to fix these types of errors but only if the changes are advantageous to the claimant.

The higher-level review can also result in a hearing for the claimant, which gives them the chance to talk to the person who is reviewing the claim and to explain their arguments. A veteran disability lawyer can help determine whether a personal hearing is needed and also prepare and present evidence at 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 when the local office has sent you the original denial letter. The VA will examine your claim again and create an official statement of the case.

To file a disagreement to file a dispute, you must use VA Form 21-958. A disability attorney can assist to fill out the form in a manner that is effective in appealing the decision. It is not necessary to list every reason that you disagree with the decision. However it is best to be specific in order that the VA understands what exactly you believe to be wrong. Your attorney can help you about the type of evidence you can submit to support the NOD, such as statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this stage, then you can have it reviewed again by a senior reviewer through an Higher Level Review. This could take up to 25 months, and you should have your attorney at with you every step of the way. If the VA rejects your claim, your attorney may request an appointment with an Veterans Law judge to present testimony and other evidence in person. Your attorney will prepare your check if your claim is awarded.

Statement of the Case

Congress has enacted a number of laws to make sure that veterans are compensated for their ailments, injuries and illnesses incurred during service. The VA is a massive bureaucracy and it's easy for Veterans Disability Attorney people to be lost. A veteran disability lawyer can help those seeking assistance navigate the system and provide the needed assistance.

If a veteran files a Notice of Disagreement to his or her local VA office, the VA must conduct an investigation of the case. This includes looking at the laws, regulations and the evidence used to make the original decision. It also involves examining the veteran's medical records and when necessary lay statements. The VA must provide the claimant with a Statement of Case that includes a list of all the evidence it has looked over.

The statement should state in clear language the reasoning behind the decision, and how it determined the law and regulations that impacted 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 on which the NOD was received. Due to the VA backlog, it may take the agency longer to issue the statement. If you are a veteran appealing a decision on your rating or claim for benefits, contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.