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How a veterans disability law firm Disability Attorney Can Help You Get the Benefits You Deserve

The process of submitting an application for veterans disability benefits can seem overwhelming. A qualified veterans disability lawyer can guide you from beginning to end.

It is essential to choose an attorney who is skilled in disability law and can handle these cases at all levels of appeal. This will ensure that you get the best representation.

Appeal

When the VA denies or does not accept a claim, the spouse of the deceased or veteran can file an appeal. It is a difficult and lengthy process that could be complicated even with the most straightforward disability claims. A veteran's disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

A common reason for people to submit a claim for disability is because they are unhappy with their disability status. In this case, veterans disability lawyer a lawyer can make sure that the evidence is there to support a valid rating based on a debilitating condition caused or exacerbated by military service.

A veterans disability lawyer may be needed by people who have had to wait too long for 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 will also help you get rid of the burden of dealing directly with the VA. This gives you the time to focus on your health, and any other responsibilities you may have. Some attorneys are veterans, and this can result in an unmatched empathy for their clients. This can make a major difference in the result of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to look at the same evidence presented in the original claim, and make a fresh determination. The senior reviewer has the choice to either confirm or reverse the previous rating.

The individual or the representative of the veteran can request an informal meeting with the senior reviewer to discuss the case, however, only one such meeting is allowed. It is important to be prepared and explain the facts of your case in a clear manner at this meeting. An attorney with expertise in the field of disability for veterans can help you prepare for and participate in the informal conference.

The higher-level review is often used to correct mistakes made by the previous reviewer of the disability claim. For example, if the earlier reviewer misinterpreted the evidence or made mistakes in the law. Senior reviewers can correct these errors by changing a previous decision, but only when it is beneficial to the claimant's interests.

A personal hearing may be arranged for the applicant as a result of the review at a higher-level. This is an opportunity for the claimant to meet with the person reviewing their claim and explain the arguments. A veterans disability lawyer can assist in determining whether or not it's necessary to request a private hearing, as well as with preparing and presenting the evidence at the hearing.

Notice of Disagreement

You can file a dispute within one year from the date the local office issued the initial denial letter. The VA will review your claim again and create an official 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 correctly so that it is effective in contesting the decision. You do not have to list every reason you do not agree with the VA's decision, however, it is recommended to be specific in order to assist the VA determine what you think is wrong. Your attorney can help you decide which evidence to include in the NOD. This could be statements from medical professionals or the 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 form of a Higher-Level Review. This could take anywhere from 25 months, and you must have your attorney by with you every step of the procedure. If the VA denies your claim, your attorney can request a hearing before an Veterans Law judge to present testimony and veterans disability lawyer other evidence in person. If your claim is awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has written extensive laws to ensure that veterans are paid for injuries, illnesses and conditions incurred during service. The VA is a big bureaucracy, and it's easy to be lost. A veteran disability lawyer can help people navigate the system and offer the needed assistance.

The VA must examine the case after a veteran has filed an official Notice of Dispute with the local VA office. This includes examining the laws, regulations and the evidence used in the original decision. This includes looking over the medical records of the veteran and at times, lay statements. The VA must provide the claimant with a Statement of Case, which contains a list of evidence it has analyzed.

This statement should describe 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 contentions the claimant raised in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was filed. Due to the VA backlog it may take longer for the agency to issue the document. If you are a veteran appealing a rating decision or a claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.