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

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

It is essential to find an attorney who only handles disability law and these cases at all levels of appeal. This ensures that you're getting the best representation.

Appeal

If the VA denies a claim, or fails to allow benefits to be approved, it allows the veteran, or his or spouse who survives to appeal. This is a complex and time-consuming process that can be complicated even for the most straightforward disability claims. An attorney for veterans can assist you in understanding your options and veterans disability ensure you receive the benefits you deserve.

The most common reason people are required to make an application for disability benefits is that they are unhappy with the disability rating they have received. In this instance, a lawyer can make sure that there's enough evidence to back the proper rating for a condition that is that is caused or worsened by military service.

Another reason that people tend to require a veteran disability lawyer is that they've waited for too long to receive benefits. The lawyer can assist in determining what documents are missing and then submit a request for these records to the VA.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will give you the time to focus on your health and any other obligations you might have. Some attorneys are veterans disability lawsuit, and this can create a unique empathy for their clients. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to examine the same evidence as in the original claim, and then make a new decision. The senior reviewer has the option to either reverse or confirm the previous rating.

The person who is the veteran or their representative could arrange for a casual conference with the senior reviewer to discuss the case, however, only one of these conferences is permitted. At this conference it is important to prepare and present your case's facts in a clear manner. An attorney who is specialized in veterans ' disability can help you prepare and participate in the informal conference.

The higher-level review is typically used to correct errors made by the previous reviewer of an appeal for disability. For instance an earlier reviewer misinterpreted evidence or made mistakes in the law. The senior reviewer is able to alter the previous decision made on the same claim to rectify these errors however only if those changes are beneficial to the applicant.

The more thorough review may result in a hearing for the claimant which is an opportunity to speak with the person who is reviewing the claim and explain their arguments. A lawyer for veterans can assist with determining whether it's necessary to request a private hearing, as well as with creating and presenting evidence during the hearing.

Notice of Disagreement

After the VA has examined your claim and reached a decision, you can file a notice of disagreement within one year from the date when the local office sends you its original denial letter. The VA will review the case again and prepare a Statement of Case.

If you want to file a dispute with the VA, you should fill out VA Form 21-958. An attorney for disabled people can help to fill out the form in a way that is effective in appealing the decision. You don't have to list every reason you don't agree with the VA's decision, but it is advisable to be specific and help the VA determine what you think is wrong. Your attorney can provide guidance on the kind of evidence to include to support the NOD, such as statements from medical professionals or results of diagnostic tests.

If your appeal is not accepted at this stage, then 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 must have an attorney on with you every step of the procedure. If the VA continues to deny your claim, your lawyer may request a hearing to be held before an Veterans Law Judge to present testimony and additional evidence in person. Your attorney will draft your check in the event that your claim is approved.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for injuries, illnesses, and other conditions that they suffer during their service. However, the VA is a huge bureaucracy and it is easy to get lost in the system. A veteran disability lawyer can help those seeking assistance navigate the system and offer the assistance they need.

Once a veteran has filed a Notice of Disagreement with his or her local VA office, the agency must conduct an investigation into the case. This includes examining the regulations, laws and evidence used to make the initial decision. This includes looking over the veteran's medical record and, if necessary, lay statements. The VA must provide the claimant with a Statement of the Case that includes a list of all evidence it has examined.

This statement should explain in a clear manner the reasoning behind its decision, including how it determined the law and regulations that affected the case. It should address all the arguments made by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was submitted. Due to the VA backlog it may take longer for the agency to issue the statement. If you are a veteran attempting to appeal the decision of a rating agency or a claim for benefits, you should contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.