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

The process of applying for benefits from veterans disability may seem overwhelming. The right veterans disability attorney can assist you from start to finish.

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

Appeal

If the VA refuses to approve a claim or does not approve benefits, it gives the veteran, or his or spouse who survives to file an appeal. Even the most basic disability claims could complicate this complex and time-consuming procedure. A veterans disability attorney can assist you in understanding your options and get the benefits you deserve.

A common reason why people declare a disability claim is because they are not satisfied with their disability rating. In this case, a lawyer can make sure that the evidence is there to support a valid rating based on a debilitating condition caused or exacerbated by military service.

A veterans disability lawsuit disability lawyer may be needed by people who have not received their benefits. The lawyer can assist in determining what documents are missing and submit a request the VA to obtain those documents.

Having a veterans disability attorney can also alleviate the burden of dealing with the VA away from your shoulders. This will allow you the time to concentrate on your health, and any other obligations you might have. Some attorneys are veterans themselves which can give 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 disability lawsuit Appeals Improvement and Modernization Act of 2017 (AMA), veterans have more options if they do not agree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer examine the same evidence provided in the original claim, and then make a new decision. The senior reviewer can affirm or reverse the previous decision to rate.

The individual or the representative of the veteran can request an informal meeting with the senior reviewer to discuss the case, however, only one such conference is permitted. At this meeting, it is important to prepare and present your case facts clearly. A veterans disability attorney (similar website) can assist you in preparing and participate in the informal conference.

Higher-level reviews are often used to correct mistakes made by the earlier reviewer in an appeal for disability that result in failing to interpret evidence or making mistakes in the law. The senior reviewer can change an earlier decision regarding the same claim in order to fix these types of mistakes but only if the modifications are beneficial for the claimant.

A personal hearing may be arranged for the claimant as a result of the review at a higher level. This is an opportunity for the claimant to meet the person who is reviewing their case and present their arguments. A lawyer for veterans disability can help determine whether it is necessary to request a private hearing, as well as making and presenting the evidence during the hearing.

Notice of Disagreement

You may file a dispute within one year from the date the local office issued the original denial letter. The VA will then review your claim again and create an Statement of Case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out the form correctly to appeal the decision. You don't have to include every reason that you disagree with the decision. However it is recommended to be specific so that the VA can understand exactly what you believe is incorrect. Your attorney can advise you about the type of evidence you can submit in the NOD including statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point You have a second chance to review it by a senior reviewer in form of an Higher-Level Review. This process could take up to 25 months and you should be in contact with your attorney at every step. If the VA is unable to resolve your claim, your lawyer can request a hearing to be conducted before a Veterans Law Judge to present evidence and testimony in person. If your claim is granted, your attorney will prepare you for the check.

Statement of the Case

Congress has written extensive laws to make sure that veterans are compensated for injuries, illnesses and conditions incurred during service. The VA is a big bureaucracy and it's easy for people to be lost. A veteran disability lawyer can guide you through the process and provide crucial assistance to those who are seeking benefits.

When a veteran files a Notice of Disagreement with his local VA office, the VA must conduct an investigation into the case. This includes examining the regulations, laws, and evidence used in the initial decision. This includes reviewing the veteran's medical record and, if necessary lay statements. The VA must provide the claimant with an official statement of case which contains a list of evidence that it has examined.

The statement should state in a clear manner the reasoning behind the decision, as well as how it determined the law and regulations that impacted the case. It should address the issues made by the claimant in his or her NOD.

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