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How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve

The process of applying for veterans disability benefits may appear overwhelming. A qualified veterans disability attorney disability lawyer can assist you from beginning to end.

It's essential to find a lawyer who limits their law practice to disability cases and only handles these cases at every stage of appeal. This will ensure you receive the best legal representation.

Appeal

If the VA rejects a claim or does not accept benefits, it permits the veteran or his spouse who survives to file an appeal. Even the simplest disability claims can complicate this complex and time-consuming procedure. A veterans disability lawyer can assist you in understanding all of your options and secure the benefits you deserve.

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

A veterans disability lawyer may be required by those who have been waiting too long to receive their benefits. The lawyer can help determine what documents are not available, and then make an application for these records to the VA.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will let you focus on your health and other obligations you might have. Some lawyers are veterans which can give them an innate compassion for their clients. This can make a massive 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 if they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to examine the same evidence presented in the original claim and make a fresh decision. The senior reviewer has the option to either reverse or confirm the previous rating.

A veteran or their representative may request an informal meeting to discuss the matter with the senior reviewer. However, only one conference is allowed. It is crucial to be prepared and present your case in a concise manner during this meeting. An attorney that specializes in veterans ' disability can help you prepare and participate in the informal conference.

The higher-level review is often used to correct errors made by the previous reviewer of the disability claim. For example in the event that the previous reviewer misinterpreted evidence, or made errors in the law. The senior reviewer can change an earlier decision on the same claim in order to rectify these mistakes however only if those modifications are beneficial for the person filing the claim.

A hearing at a personal level can be scheduled for the applicant as a result of the review at a higher-level. This is an opportunity for those seeking to be heard by the person who is reviewing their case and present their arguments. A lawyer for veterans can assist with determining whether or not it's necessary to request a private hearing, and with preparation and presenting evidence during the hearing.

Notice of Disagreement

You may file a dispute within one-year of the date the local office mailed you the original denial letter. The VA will then review your claim again and prepare a Statement of Case.

You must make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist you fill out this form correctly so that it is effective in contesting the decision. You do not have to list all the reasons you disagree with the VA's decision but it is important to be specific in order to assist the VA determine what you think is wrong. Your attorney can assist you in deciding what evidence to include in the NOD. This could include statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this point, you can request that it be reviewed again by a senior reviewer through a Higher Level Review. This process could take as long as 25 months and you should be with your lawyer at all times. If the VA still denies your claim, your lawyer may request that a hearing be held before a Veterans Law Judge to present evidence and testimony in person. Your lawyer will draft your check should your claim be approved.

Statement of the Case

Congress has passed a variety of laws to ensure veterans receive compensation for illnesses, injuries, and other ailments they've suffered during their time of service. However, the VA is a massive bureaucracy and it's easy to become lost in the system. A veteran disability lawyer can assist applicants navigate the system and offer the much-needed assistance.

Once a veteran has filed a Notice of Disagreement to his or local VA office, the VA must conduct an investigation into the case. This includes examining the regulations, laws and evidence used to make the original decision. Also, it involves looking over 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 that includes a list of evidence that it has reviewed.

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

The Statement of the Case is usually mailed to the veteran within 120 days from when the NOD was filed. 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 veteran contesting a decision regarding the basis of a rating or a claim for benefit.