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

The process of submitting an application for benefits for veterans disability can appear overwhelming. A good veterans disability attorney can guide you from start to finish.

It's crucial to choose an attorney who practices disability law and handles these cases at all levels of appeal. This will ensure that you get the best legal representation.

Appeals

If the VA rejects or doesn't consider a claim, the veteran or the surviving spouse can file an appeal. Even the simplest disability claims can be a challenge for this lengthy and complicated procedure. A veterans disability lawyer can help you understand all your options and obtain the benefits you deserve.

The most common reason for people to make a claim for disability is because they are unhappy with their disability status. In this situation, the lawyer can make sure that the evidence is sufficient to support a fair rating based on a disabling condition caused or veterans disability attorney exacerbated by military service.

Another common reason for people to require a veterans disability compensation disability lawyer is because they've waited too long for benefits. The lawyer can assist in determining the missing documents and submit a request to the VA for those records.

A veteran 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 lawyers are veterans and this can create an exceptional compassion for their clients. This can make a major difference in the result of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) Veterans have more options when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits the senior reviewer to examine the same evidence that was presented in the original claim and then make an additional decision on the case. The senior reviewer is able to affirm or reverse the previous decision to rate.

A veteran or their representative could ask for an informal meeting to discuss the case with the senior reviewer. However only one of these conferences is allowed. It is crucial to be prepared and present your case in a concise manner at this meeting. An attorney who specializes in veterans disability claim ' disability can help you prepare and participate in the informal conference.

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

A personal hearing could be scheduled for the applicant as a result of the higher-level review. This is a chance for the claimant to meet with the person reviewing their claim and to present their case. A lawyer who is a veteran can assist with determining whether it's necessary to request a personal hearing, and also with preparation and presenting evidence at the hearing.

Notice of Disagreement

You may file a dispute within one-year of the date the local office issued the initial denial letter. The VA will review your case again and prepare a Statement of Case.

If you want to file a dispute for a disagreement, you should file VA Form 21-958. An attorney for disabled people can help you complete the form in a manner that is effective in contesting the decision. You don't have to list every reason that you disagree with the decision. However it is better to be specific in order that the VA can understand exactly what you believe to be incorrect. Your attorney can guide you on the kind of evidence to include to support the NOD, for example, statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you can request that it be reviewed by a senior reviewer through an Higher Level Review. This can take up to 25 months, and you should have your attorney at with you every step of the way. If the VA rejects your claim, your attorney can request an appearance before a Veterans Law judge to present evidence and testimony in person. Your attorney will draft your check should your claim be approved.

Statement of the Case

Congress has written extensive laws to make sure that veterans are compensated for their injuries, illnesses and conditions caused by their service. But the VA is a massive bureaucracy, and it's easy to be lost within the system. A veteran disability lawyer can assist people navigate the system and offer the much-needed assistance.

The VA must review the case after the veteran has filed an Notice of Dispute at the local VA office. This involves examining the regulations, laws, and the evidence used in the original decision. It also involves examining the medical records of the veterans disability case and when necessary, lay statements. The VA must provide the applicant with an Statement of Case which includes a list of evidence it has analyzed.

This statement should be simple and clear, and also explain the reasoning of the decision, which should include the interpretation of the laws and regulations which affect the case. It should address all claims made by the plaintiff in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was sent. However, due to the VA backlog the agency might delay the release of the document. If you're a veteran seeking to appeal a decision on your rating or claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.