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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 qualified veterans disability lawyer can help you navigate it from start to finish.

It is essential to choose an attorney who practices disability law and handles these cases at all levels of appeal. This ensures that you're getting the best representation.

Appeal

When the VA rejects or doesn't accept a claim, the spouse of the deceased can appeal. This is a lengthy and time-consuming process that can be complicated even for the most straightforward disability claims. A veteran's disability attorney can help you understand your options and ensure you receive the benefits you deserve.

One common reason that people have to make a disability claim is because they are not satisfied with their disability ratings. In this case, a lawyer can make sure that all the evidence is in place to support a valid rating based on a disability condition caused by or aggravated by military service.

A veterans disability lawyer may be required by those who have not received their benefits. The lawyer can assist in determining the missing documents and can then make a request to the VA to obtain those documents.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will let you focus on your health and any other responsibilities that you may have. Some attorneys are veterans which can give them a unique type of compassion for their clients and give them a greater stake in their cases. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

veterans disability law firms have more options 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 fresh decision. The senior reviewer may confirm or reverse the previous decision to rate.

The veteran or their representative can ask for an informal conference with the senior reviewer to discuss the case, but only one such meeting is permitted. At this meeting, it is important to prepare and present your case's information in a concise manner. An attorney with expertise in veterans ' disability 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 the disability claim. For instance an earlier reviewer misinterpreted evidence or committed mistakes in the law. Senior reviewers can correct the errors by changing a previous decision but only if it is beneficial to the claimant's interests.

A hearing at a personal level can be scheduled for the claimant as a result of the review at a higher-level. This provides the claimant to meet with the person who is reviewing their case and discuss their arguments. A veterans disability lawyer can assist in determining whether it's required to request a personal hearing, and with preparation and presenting evidence during the hearing.

Notice of Disagreement

Once the VA has reviewed your claim and made a decision, you can file a written notice of disagreement within one year of the date the local office has sent you the original denial notice. The VA will then review your claim again and prepare a Statement of Case.

In order to file a disagreement to file a dispute, you must use VA Form 21-958. A disability lawyer can help to fill out the form correctly to appeal the decision. You don't have to include every reason why you are not with the decision. However it is best to be specific so that the VA can understand exactly what you believe to be incorrect. Your attorney can help you determine what evidence to include in the NOD. This could be statements from medical professionals or results from diagnostic tests.

If your appeal is not accepted at this point, you can ask to have it reviewed by a senior judge through a Higher Level Review. This process could take as long as 25 months and you should be in contact with your lawyer at all times. If the VA refuses to accept your claim, your lawyer may request a hearing to be held before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is granted, your lawyer will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are paid for their injuries, illnesses and other ailments that they suffer during their service. The VA is a large bureaucracy, and it's easy to be lost. A veteran disability lawyer can help applicants navigate the system and offer the much-needed assistance.

When a veteran files a Notice of Disagreement in his or local VA office, the agency must conduct a review of the case. This includes reviewing the laws, regulations, and the evidence used in the initial decision. It also involves examining the medical records of the veteran and in the event of a need, lay statements. The VA must provide the claimant with an Statement of Case which contains a list of evidence that it has reviewed.

The statement should outline clearly the reasoning behind its decision, including how it decided to interpret the laws and regulations that impacted the case. It should address all the arguments made by the claimant in the 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 it could take longer to issue this document. If you're a veteran seeking to appeal the decision of a rating agency or a claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.