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

The process of obtaining veterans disability lawsuit disability benefits can be a challenge. The right veterans disability attorney can guide you from start to finish.

It's essential to locate a lawyer that limits their practice to disability cases and only handles these cases at each level of appeal. This will ensure that you're receiving the best representation.

Appeal

When the VA refuses to approve a claim or fails to allow benefits to be approved, it allows the veteran or his the spouse who died to file an appeal. This is a complicated and time-consuming process that can be complicated even for the most simple disability claims. A veterans disability attorney can help you understand your options and ensure you receive the benefits you deserve.

The most common reason people file a claim for disability is because they are unhappy with their disability rating. In this instance, the lawyer can make sure that the evidence is in place to support an appropriate rating based on a disabling condition that was caused or worsened by military service.

A veterans disability lawyer could be required by those who have had to wait too long for their benefits. The lawyer can help determine the missing documents, and then submit a request for these records to the VA.

Having a veterans disability lawyer can help you deal with the VA away from you. This will give you the time to focus on your health, and any other obligations you have. Some attorneys are veterans, and this can create an unmatched empathy for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

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

A veteran or their representative may ask for an informal meeting to discuss the matter with the senior reviewer. However, only one of these conferences is allowed. It is important to be prepared and present the facts of your case in a concise manner during this meeting. A veterans disability attorney can assist you in preparing for and participate in the informal conference.

The higher-level review is usually used to correct mistakes made by the previous reviewer of an appeal for disability. For example in the event that the previous reviewer misinterpreted evidence, or made errors in the law. The senior reviewer can change the previous decision made on the same claim in order to correct these kinds of errors however only if the changes are advantageous to the claimant.

The more extensive review can result in a personal hearing for the claimant, which gives them the chance to meet with those who are reviewing the claim, and explain the arguments. A veterans disability lawyer can help determine whether a personal hearing is required, as well as prepare and present evidence at the hearing.

Notice of Disagreement

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

To file a disagreement for a disagreement, you should file VA Form 21-958. A disability lawyer can assist to fill out the form correctly to appeal the decision. You don't have to list every reason you don't agree with the VA's decision however, it is recommended to be specific to help the VA determine what you think is wrong. Your attorney can assist you in deciding what evidence to include with the NOD. This could be statements from medical professionals, or the results of diagnostic tests.

If your appeal is denied at this point, you can have it reviewed again by a senior reviewer through an Higher Level Review. This can take up to 25 months, and you should have an attorney on with you every step of the way. If the VA still denies your claim, your lawyer could request that a hearing be conducted before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has passed many laws to ensure that veterans receive compensation for illnesses, injuries, and conditions they have suffered during their service. However 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 assistance they need.

Once a veteran has filed a Notice of Disagreement with his or local VA office, the VA must conduct a review of the case. This involves examining the regulations, laws, and the evidence used in the original decision. Also, it involves looking over the medical records of the veterans and, if needed lay statements. The VA must provide the applicant with an official statement of case which contains a list of evidence it has analyzed.

The statement should outline in a clear manner the reasoning behind the decision, and how it decided to interpret the laws and regulations that affected the case. It should address the allegations made by the plaintiff in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days of the date that the NOD was filed. However due to the VA backlog the agency might take longer to mail the document. If you are a veteran seeking to appeal an appeal of a rating decision or claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.