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How a veterans disability lawyers Disability Attorney Can Help You Get the Benefits You Deserve

The process of getting veterans disability benefits can be a challenge. A veteran disability lawyer can help you navigate the procedure.

It's essential to find a lawyer who 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 legal representation.

Appeals

When the VA denies or does not approve a claim, the spouse of the deceased can appeal. It is a difficult and lengthy process that can be complicated even for the simplest disability claims. A veteran disability lawyer can help you understand the options available to you and get the benefits you deserve.

One of the main reasons people need to file a disability claim is that they are not content with the disability rating they have received. In this case, a lawyer can ensure that the evidence is in place to support an appropriate rating based on a disability condition caused by or aggravated by military service.

Another common reason for people to need a veterans disability lawyer is because they've waited too long to receive their benefits. The lawyer can help determine what documents are missing and can then make a request to the VA for those records.

A veterans disability lawyer can take the burden of dealing with the VA away from you. This gives you the time to concentrate on your health and any other responsibilities you may have. Some lawyers are veterans which can give them an unmatched empathy for their clients. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options if they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer examine the same evidence presented in the original claim, and make a fresh decision. The senior reviewer has the choice to either affirm or reverse the previous rating.

A veteran or their representative could arrange for an informal conference to discuss the case with the senior reviewer. However only one of these conferences is allowed. It is crucial to be prepared and be able to present your case in a concise manner during this meeting. An attorney with expertise in veterans disability can help to prepare and take part in the informal conference.

Higher-level reviews can be used to correct mistakes by the previous reviewer in a disability claim, such as mistakenly interpreting evidence or committing errors in the law. Senior reviewers are able to correct these mistakes by changing a previous decision however only when it is in the best interests of the claimant.

A personal hearing could be scheduled for the applicant as a result of the higher-level review. This is a chance for the applicant to meet with the person reviewing their claim and discuss their arguments. A lawyer for veterans disability can help you determine whether or not it is necessary to request a private hearing, as well as with preparing and presenting the evidence at the hearing.

Notice of Disagreement

You can file a disagreement within one year of the date the local office sent you the initial denial letter. The VA will then review your claim again and issue a Statement of the Case.

You should use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you complete this form correctly to appeal the decision. You don't have to include every reason you don't agree with the decision. However it is best to be specific so that the VA knows exactly what you believe is incorrect. Your attorney can assist you in deciding what evidence to include with the NOD. This could include statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this stage You have a second chance to be reviewed by an experienced reviewer in the form of an Higher-Level Review. This can take up to 25 months, and you must have an attorney on your side every step of the procedure. If the VA refuses to accept your claim, your lawyer could request a hearing to be conducted before an Veterans Law Judge to present evidence and testimony in person. Your attorney will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has passed numerous laws to ensure veterans receive compensation for illnesses, injuries and ailments they've experienced during their time of service. The VA is a large bureaucracy and it's not difficult to become lost. A veteran disability lawyer can help you navigate the process and provide much-needed assistance for claimants.

The VA must examine the case after a veteran has filed the Notice of Dispute to the local VA office. This includes looking at the laws, regulations and evidence used in making the original decision. This includes looking over the medical records of the veteran as well as, if necessary, lay statements. The VA must provide the claimant with a Statement of Case, which includes a list with evidence that it has examined.

This statement should describe in clear language the reasoning behind the decision, and how it interpreted the laws and regulations that affected the case. It should address all assertions made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was submitted. Due to the VA backlog, it might take the agency longer to issue the statement. If you are a veteran appealing the decision of a rating agency or a claim for benefits, please contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.