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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 a challenge. The right veterans disability law firm disability attorney can assist you from start to finish.

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

Appeals

If the VA denies or does not accept a claim, the spouse of the deceased or veteran can appeal. Even the most basic disability claim can make this a complicated and lengthy procedure. A veterans disability attorney can assist you in understanding your options and obtain the benefits you deserve.

One of the main reasons people are required to submit a disability claim is that they are not satisfied with the disability rating they have received. In this situation lawyers can make sure there is enough evidence to back the appropriate rating for a condition that is caused or made worse by military service.

A lawyer for veterans may be needed by those who have been waiting too long to receive their benefits. The lawyer can assist in determining the missing documents, and then submit an inquiry for these records to the VA.

The help of a veterans disability attorney can also take the burden of dealing with the VA away from you. This will give you time to concentrate on your health, as well as any other responsibilities you may have. Some attorneys are veterans themselves and this gives them a unique empathy for their clients and give them a greater stake in their cases. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans with more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows senior reviewers to review the same evidence presented in the original claim, and then make a new decision on the case. The senior reviewer can choose to either affirm or reverse the previous rating.

The veteran or their representative may arrange for a casual conference with the senior reviewer to discuss the case, however, only one such meeting is allowed. At this meeting it is crucial to prepare and present your case's facts clearly. A veterans disability attorney can help you prepare for and participate in the informal conference.

Higher-level reviews are typically used to correct errors made by the previous reviewer on the case of a disability claim for example, mistakenly interpreting evidence or committing errors in the law. Senior reviewers are able to correct these mistakes by changing the previous decision but only if it is in the best interests of the claimant.

The more thorough review may lead to a personal hearing for the applicant, which gives the claimant an opportunity to connect with the person who is reviewing the claim and explain their arguments. A lawyer for veterans can assist with determining whether or not it is required to request a personal hearing, as well as with preparing and presenting the evidence during the hearing.

Notice of Disagreement

You may file a complaint within one year from the date the local office issued the initial denial letter. The VA will review your claim once more and draft an official statement of the case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out the form correctly to appeal the decision. It is not necessary to list every reason you don't agree with the decision; however it is best to be specific in order that the VA knows exactly what you believe to be incorrect. Your attorney can assist you in deciding the evidence you should include in the NOD. This could be statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this stage If you are denied, you can try again to get it reviewed by an experienced reviewer in the form of A Higher-Level Review. This could take up to 25 months, and you should have your lawyer by with you every step of the process. If the VA still denies your claim, your lawyer can request that a hearing be conducted before a Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will prepare your check in the event that your claim is approved.

Statement of the Case

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

If a veteran files a Notice of Disagreement with his or her local VA office, the VA must conduct an investigation of the case. This includes reviewing the regulations, laws, and evidence used in the initial decision. This includes reviewing the medical records of the veteran as well as, if necessary, lay statements. The VA must provide the applicant with an official statement of case that includes a list of evidence that it has examined.

This statement should describe in plain language the reasoning behind the decision, and how it decided to interpret the laws and regulations that impacted the case. It should address any claims that the claimant has made in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was submitted. Due to the VA backlog, it may take the agency longer to issue the statement. 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 benefit.