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

The process of applying for benefits for veterans disability lawsuits disability can seem overwhelming. The right veterans disability attorney can assist you from beginning to end.

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

Appeals

When the VA refuses to approve a claim or fails to approve benefits, it gives the veteran or his spouse who is surviving to appeal. Even the most basic disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veterans disability attorney can assist you in understanding your options and obtain the benefits you deserve.

A common reason why people need to submit a disability claim is that they are unhappy with their disability ratings. In this situation a lawyer can be sure that there is sufficient evidence to justify an appropriate rating in light of a condition that was caused or aggravated by military service.

A veteran disability lawyer might be needed by those who have not received their benefits. The lawyer can assist in determining what documents are missing and then submit an inquiry for these records to the VA.

A lawyer for veterans can also relieve you of the burden of dealing directly with the VA. This will give you the time to concentrate on your health, as well as any other obligations you might have. Some lawyers are veterans and this may result in a unique compassion for their clients. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions if they disagree. The Higher-Level Review is a decision review option that permits a senior reviewer to examine the same evidence as was presented in the original claim and then make an entirely new decision in the case. The senior reviewer can choose to either reverse or confirm the previous rating.

A veteran or their representative may arrange for an informal conference to discuss the matter with the senior reviewer. However only one of these conferences is allowed. It is crucial to be prepared and provide the facts of your case in a clear manner during this meeting. A veterans disability attorney can help you prepare and take part in the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of a disability claim. For example an earlier reviewer misinterpreted the evidence or made mistakes in the law. The senior reviewer may alter an earlier decision on the same claim to correct these kinds of mistakes however only if the modifications are beneficial to the claimant.

The more extensive review can result in a private hearing for the claimant, which provides an opportunity to speak with the person who is reviewing the claim and explain the arguments. A lawyer who is a veteran can assist with determining whether or not it is required to request a personal hearing, as well as with creating and presenting evidence during the hearing.

Notice of Disagreement

You may file a dispute within one year from the date the local office sent you the original denial letter. The VA will examine your claim once more and prepare an official statement of the case.

To file a complaint with the VA, you should fill out VA Form 21-958. A disability lawyer can assist you fill out the form correctly to appeal the decision. You don't have to list every reason why you are not with the decision; however it is better to be specific so that the VA understands what exactly you believe is incorrect. Your attorney can advise you on the evidence you should submit with the NOD, for example, statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this point, you can ask to have it reviewed by a senior reviewer through a Higher Level Review. This could take anywhere from 25 months, and it is important to have an attorney on all the process. If the VA denies your claim your attorney can request a hearing before an Veterans Law judge to present evidence and testimony in person. Your attorney will prepare your check when your claim is accepted.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans disability lawyer receive compensation for their injuries, illnesses and other ailments caused by their service. However the VA is a huge bureaucracy, and it's easy to get lost in the system. A veteran disability lawyer can help those seeking assistance navigate the system and provide the much-needed assistance.

The VA must review the case following the time a veteran has filed an Notice of Dispute at the local VA office. This includes reviewing the laws, regulations, and evidence used in the initial decision. This also includes looking at the medical records of the veterans and, if needed, lay statements. The VA must provide the claimant with a Statement of the Case which includes a listing of all evidence that it has examined.

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

The Statement of the Case is typically mailed to the veteran within 120 days of the date on which the NOD was filed. Due to the VA backlog, it may take the agency longer to issue the statement. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision about an assessment or claim for benefits.