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

The process of getting veterans disability benefits can be overwhelming. A veterans disability lawyer can help you navigate the process.

It's crucial to find an attorney who only is skilled in disability law and can handle these cases at all levels of appeal. This ensures that you're receiving the best representation.

Appeals

If the VA rejects or doesn't approve a claim, either the spouse of the deceased can file an appeal. It is a difficult and time-consuming process that can be complicated even with the most straightforward disability claims. A veteran disability lawyer can assist you in understanding your options and get the benefits you deserve.

A common reason for people to make a claim for veterans disability disability is because they are unhappy with their disability rating. In this case, a lawyer can make sure that the evidence is in place to justify a proper rating based on a disabling condition caused or exacerbated by military service.

Another reason that people tend to require a veteran disability lawyer is that they've been waiting too long to get their benefits. The lawyer can help determine the missing documents and submit a request the VA to obtain those documents.

A lawyer for veterans' disability can also relieve you of the burden of dealing directly with the VA. This will give you time to focus on your health, and veterans disability any other obligations you have. Some attorneys are veterans disability lawsuit themselves and this gives them a unique type of empathy with 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 are able to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review process that allows an experienced reviewer examine the same evidence as in the original claim and make a new determination. The senior reviewer is able to either affirm or reverse the previous rating.

The veteran or their representative can request a meeting with the senior reviewer to discuss the case, but only one conference is allowed. At this meeting it is essential to prepare and present your case facts in a clear manner. An attorney who is specialized in veterans disability can help to prepare and take part 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 when the previous reviewer misinterpreted evidence or committed mistakes in the law. The senior reviewer can alter the previous decision made on the same claim in order to rectify these mistakes, but only if those modifications are beneficial for the claimant.

The more thorough review may result in a personal hearing for the applicant, which gives the claimant an opportunity to talk to the person who will be reviewing the claim, and explain the arguments. A veteran disability lawyer can help determine whether a personal hearing is required and also prepare and present the evidence at the hearing.

Notice of Disagreement

Once the VA has examined your claim and reached 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 review your case once more and draft a Statement of the Case.

You should use VA Form 21-0958 to file a notice of disagreement. 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 all the reasons you don't agree with the VA's decision, but it is advisable to be specific in order to help the VA to understand what you believe is wrong. Your attorney can provide guidance on the evidence you should submit to support the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you have another chance to have it reviewed by an experienced reviewer in the form of a Higher-Level Review. This process could take as long as approximately 25 months. You should be with your lawyer at all times. If the VA denies your claim, your lawyer can request an appointment with an Veterans Law judge to present evidence and testimony in person. If your claim is ultimately granted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed many laws to ensure veterans receive compensation for illnesses, injuries and other ailments they've suffered during their service. But the VA is a massive bureaucracy and it's easy to become lost in the system. A veteran disability lawyer can assist those seeking assistance navigate the system and offer the assistance they need.

The VA must examine the case once a veteran has filed the Notice of Dispute to the local VA office. This includes examining the regulations, laws and evidence used to reach the initial decision. It also involves examining the medical records of the veteran as well as in the event of a need lay statements. The VA must provide the claimant with an official statement of the case that includes a list of all evidence it examined.

The statement should state in a clear manner the reasoning behind the decision, including how it decided to interpret the laws and regulations that affected the case. It should address all arguments made 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. However, due to the VA backlog and backlog, the agency could delay the release of this document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision about the basis of a rating or a claim for benefits.