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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. A lawyer who is a veterans disability attorney can guide you through the process.

It is essential to find an attorney that only handles disability law and cases of this nature at all levels of appeal. This ensures that you're receiving the best representation.

Appeals

If the VA rejects a claim or does not approve benefits, it gives the veteran, or his or spouse who survives to file an appeal. It is a difficult and time-consuming process that can be complicated even for the most simple disability claims. A veteran disability lawyer can help you understand the various options available and secure the benefits you deserve.

One of the main reasons people have to make a disability claim is that they are not content with their disability status. In this case, a lawyer can make sure there is enough evidence to support the proper rating based on a condition that is caused or worsened by military service.

A veterans disability law firms disability lawyer may be required by those who have waited too long to get their benefits. The lawyer can help determine what documents are missing and submit a request the VA for the relevant records.

A veteran disability lawyer can also ease the burden of dealing directly with the VA. This will allow you the time to concentrate on your health, as well as any other obligations you have. Some lawyers are veterans themselves and this gives them a unique form of compassion for their clients. They also create a deeper investment in their cases. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) Veterans have more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to analyze the same evidence presented in the original claim, and make a fresh determination. The senior reviewer can choose to either reverse or confirm the previous rating.

A veteran or their representative can arrange for an informal conference to discuss the case with the senior reviewer. However, only one conference is permitted. For this meeting, it is important to prepare and present your case facts in a clear manner. An attorney for veterans can assist you in preparing for and take part in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of an appeal for disability. For example in the event that the previous reviewer misinterpreted evidence or committed mistakes in the law. The senior reviewer can alter an earlier decision regarding the same claim in order to fix these types of mistakes, but only if those modifications are beneficial to the applicant.

A hearing at a personal level can be scheduled for the claimant as a consequence of the review at a higher level. This is an opportunity for the claimant to meet with the person who is reviewing their case and to present their case. A veteran disability lawyer can help decide whether an individual hearing is necessary and also prepare and present evidence at the hearing.

Notice of Disagreement

You can file a dispute within one year of the date the local office received the original denial letter. The VA will examine your claim again and create a Statement of the Case.

If you want to file a dispute with the VA, you should fill out VA Form 21-958. A disability attorney can assist complete this form correctly so that it is effective in appealing the decision. You don't need to list every reason why you disagree with the decision. However, it is better to be specific in order that the VA understands what exactly you believe is incorrect. Your attorney can help you decide which evidence to include in the NOD. These could be statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you have another chance to be reviewed by a senior reviewer in the form of a Higher-Level Review. This could take up to 25 months, and it is important to have your attorney at all the procedure. If the VA still denies your claim, your lawyer could request a hearing to be held before a Veterans Law Judge to present evidence and testimony in person. Your attorney will draft your check in the event that your claim is approved.

Statement of the Case

Congress has passed many laws to ensure that veterans receive compensation for illnesses, injuries, and conditions they've endured during their service. But, the VA is a massive bureaucracy and it's easy to get lost in the system. A veteran disability lawyer can assist those seeking assistance navigate the system and provide much needed assistance.

If a veteran files a Notice of Disagreement in his or local VA office, the VA must conduct an investigation into the case. This includes examining the laws, regulations and evidence used in making the initial decision. It also involves examining the medical records of the veterans and, if needed lay statements. The VA must provide the applicant with the Statement of Case which includes a list of evidence that it has examined.

The statement should be in plain language and provide the reasoning behind the decision, including the interpretation of the regulations and laws relevant to the case. It should address all the arguments made by the claimant in his or her NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from the date that the NOD was filed. However, due to the VA backlog it could take longer to issue the document. If you're a veteran who is appealing a rating decision or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.