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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 appear overwhelming. A qualified veterans disability lawyers disability lawyer will guide you from beginning to end.

It's important that you find an attorney that only practices disability law and handles cases of this nature at all levels of appeal. This helps ensure you'll be receiving the best legal representation.

Appeal

If the VA refuses or fails to consider a claim, the spouse of the deceased can appeal. Even the most basic disability claim can be a challenge for this lengthy and complicated procedure. A Veterans Disability law firms disability lawyer can help you understand all your options and get the benefits you deserve.

A common reason why people file a disability claim is that they are not satisfied with their disability ratings. In this case a lawyer can be sure there is enough evidence to back the appropriate rating for a condition that is caused or aggravated by military service.

Another reason for people 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 then submit the request for these documents to the VA.

A veteran disability lawyer can also ease the burden of dealing directly with the VA. This will give you time to focus on your health, as well as any other obligations you might have. Some attorneys are veterans, and this can create an exceptional compassion for their clients. This can make a major difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review option that allows an experienced reviewer examine the same evidence that was presented in the original claim, and make a fresh decision. The senior reviewer can either confirm or reverse the previous rating decision.

The veteran or their representative may arrange for a casual conference with the senior reviewer to discuss the case, but only one of these conferences is allowed. It is crucial to be prepared and present the facts of your case in a clear manner at this time. An attorney that specializes in veterans disability can help to prepare and take part in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of the disability claim. For example in the event that the previous reviewer misinterpreted evidence or committed errors in the law. The senior reviewer may alter an earlier decision regarding the same claim to correct these mistakes however only if the changes are beneficial to the applicant.

The higher-level review could result in a hearing for the applicant, which gives them the chance to speak with those who are reviewing the claim and explain the arguments. A veterans disability attorney can help determine whether or not a personal hearing is required and prepare and present the evidence during the hearing.

Notice of Disagreement

After 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 that the local office gives you the initial denial letter. The VA will review the claim again and prepare a Statement of Case.

If you want to file a dispute with the VA, you should fill out VA Form 21-958. A disability lawyer can help you fill out the form correctly 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 about the type of evidence you can submit in the NOD for example, statements from medical professionals or the results of diagnostic tests.

If your appeal is not granted at this point There is a second chance to be reviewed by an experienced reviewer in the form of a Higher-Level Review. The process can take between 25 and up to 25 months, veterans disability law firms and you should be with your attorney at every step. If the VA rejects your claim, your lawyer can request an appearance before a Veterans Law judge to present evidence and testimony in person. Your attorney will draft your check should your claim be approved.

Statement of the Case

Congress has written extensive laws to ensure that veterans are compensated for ailments, injuries and illnesses caused by their service. However, the VA is a massive bureaucracy and it is easy to be lost within the system. A veteran disability lawyer can help those seeking assistance navigate the system and provide the much-needed assistance.

If a veteran files a Notice of Disagreement with his her local VA office, the VA must conduct an investigation of the case. This includes examining the regulations, laws and evidence used in making the initial decision. This includes reviewing the veteran's medical record and when necessary, lay statements. The VA must provide the applicant with the Statement of Case which includes a list with evidence it has analyzed.

This statement should be in plain English and should explain the reasoning of the decision, which should include the interpretation of the law and regulations affecting the case. It should address any claims made by the claimant in his or veterans disability law firms her NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was sent. However, due to the VA backlog the agency might delay the release of the document. If you are a veteran appealing a rating decision or a claim for benefits, contact a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.