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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 overwhelming. A qualified veterans disability lawyers disability lawyer can guide you from start to finish.

It's essential to locate a lawyer that limits their law practice to disability cases and exclusively handles those cases at all levels of appeal. This ensures that you're getting the best representation.

Appeals

When the VA rejects a claim or does not allow benefits to be approved, it allows the veteran or his or spouse who survives to file an appeal. Even the most basic disability claim can make this a complicated and lengthy procedure. An attorney for veterans can help you understand your options and get the benefits you deserve.

A common reason people submit a claim for disability is that they are unhappy with their disability status. In this instance lawyers can make sure that there's enough evidence to justify the appropriate rating for a condition that is caused 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 what documents are missing and then make a request for these records to the VA.

A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will allow you the time to concentrate on your health and any other obligations you have. Some lawyers are veterans, which can give them an exceptional empathy for their clients. This can make a major difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans with more options if they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows an experienced reviewer to look at the same evidence that was presented in the original claim and make an entirely new decision in the case. The senior reviewer can confirm or reverse the previous decision to rate.

A veteran or their representative could arrange for an informal conference to discuss the matter with the senior reviewer. However only one of these conferences is allowed. At this conference, it is important to prepare and present your case's facts in a clear way. An attorney for veterans can assist you in preparing and take part in the informal conference.

Higher-level reviews are usually used to correct errors made by the previous reviewer in an appeal for disability which could include mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct the errors by changing a previous decision however only if it is in the claimant's best interest.

A personal hearing can also be arranged for the claimant in the wake of the review at a higher level. This gives those seeking to be heard by the person who will be reviewing their claim and present their arguments. A veterans disability lawyer can assist with determining whether it's necessary to request a personal hearing, as well as creating and presenting evidence during the hearing.

Notice of Disagreement

After the VA has looked over your claim and come to a decision, you can file a notice of disagreement within one year of the date the local office gives you its original denial letter. The VA will review the claim again and issue a Statement of the Case.

You must make use of VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help you complete the form in a manner that is effective in contesting the decision. It is not necessary to list every reason why you disagree with the decision. However it is recommended to be specific in order that the VA can understand exactly what you believe to be wrong. Your attorney can help you on the evidence you should submit with the NOD, such as statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this point, you have another chance to be reviewed by an experienced reviewer in the form of a Higher-Level Review. This could take anywhere from 25 months, and it is important to have an attorney on your side every step of the procedure. If the VA continues to deny your claim, your lawyer could request that a hearing be conducted before an 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 numerous laws to ensure that veterans are compensated for injuries, illnesses and conditions incurred during service. The VA is a large bureaucracy and it's easy for people to get lost. A veteran disability lawyer can assist applicants navigate the system and offer the assistance they need.

The VA must examine the case once the veteran has filed a Notice of Dispute with the local VA office. This includes looking into the laws, regulations and evidence used to make the initial decision. Also, it involves looking over the medical records of the veteran and, if needed lay statements. The VA must send the claimant an official statement of the case which is a list of all evidence it looked over.

This statement should explain in a clear manner the reasoning behind the decision, including how it interprets the laws and regulations that impacted the case. It should address any claims raised by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was submitted. However due to the VA backlog and backlog, the agency could take longer to mail this document. If you are a veteran who is appealing an appeal of a rating decision or claim for benefits, please contact a veterans disability law firms disability lawyer from Fusco, Brandenstein & Rada, P.C.