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

The process of getting veterans disability benefits can be a challenge. The right veterans disability attorney can assist you from start to finish.

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

Appeals

If the VA rejects a claim or does not approve benefits, it allows the veteran or his spouse who is surviving to appeal. Even the most basic disability claims can be a challenge for this lengthy and complicated procedure. An attorney for veterans can help you understand your options and obtain the benefits you deserve.

The most common reason people make a claim for disability is that they are not satisfied with their disability status. In this situation an attorney can make sure that there is sufficient evidence to back the proper rating based on a condition that is caused or worsened by military service.

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

The help of a veterans disability lawyer can take the burden of dealing with the VA away from you. This will give you the time to focus on your health and any other obligations you might have. Some attorneys are veterans and this gives them a unique type of empathy for their clients and make them more invested in their cases. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that allows a senior reviewer to examine the same evidence as was presented in the original claim and make an additional decision regarding the case. The senior Veterans reviewer has the choice to either confirm or reverse the previous rating.

The veteran or their representative can ask for an informal conference with the senior reviewer to discuss the case, but only one of these conferences is allowed. At this conference it is important to prepare and present your case facts in a clear manner. A lawyer for veterans may assist you in preparing for and take part in the informal conference.

The higher-level reviews are typically used to correct mistakes made by the previous reviewer of the disability claim. For instance, if the earlier reviewer misinterpreted the evidence or made mistakes in the law. The senior reviewer can alter an earlier decision regarding the same claim to correct these kinds of mistakes but only if the modifications are beneficial to the person filing the claim.

A personal hearing may be scheduled for the claimant in the wake of the review at a higher level. This gives the applicant to meet with the person reviewing their claim and to present their case. A veteran disability attorney can help determine whether the need for a personal hearing is justified and can also prepare and present the evidence for the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made an assessment, you may make a formal notice of disagreement within one year of the date that the local office has sent you its original denial letter. The VA will review your case again and prepare a Statement of the Case.

In order to file a disagreement for a disagreement, you should file VA Form 21-958. A disability attorney can help complete this form correctly so that it is effective in contesting the decision. You don't need to list every reason you don't agree with the decision. However, it is better to be specific in order that the VA understands what exactly you believe is incorrect. Your attorney can help you on the kind of evidence to include in the NOD like statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this point There is a second chance to be reviewed by a senior reviewer in the form of A Higher-Level Review. This process could take as long as up to 25 months, and you should be with your attorney at every step. If the VA rejects your claim, your attorney may request a hearing before a Veterans Law judge to present evidence and testimony in person. If your claim is granted, your lawyer will prepare you for your check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for injuries, illnesses and other ailments incurred during service. The VA is a huge bureaucracy and it's easy for people to become lost. A veteran disability lawyer can help navigate the process and provide crucial assistance to claimants.

Once a veteran files a Notice of Disagreement to his or local VA office, the VA must conduct an examination of the case. This includes looking into the laws, regulations and evidence used to make the original decision. Also, it involves looking over the medical records of the veteran as well as in the event of a need lay statements. The VA must provide the applicant with a Statement of Case, which contains a list of evidence that it has examined.

The statement should outline in a clear manner the reasoning behind the decision, including how it decided to interpret the laws and regulations that impacted the case. It should address the issues raised by the claimant in the NOD.

The Statement of the Case is typically sent to the veteran within 120 days from the date the NOD was filed. However, due to the VA backlog it could take longer to mail the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision regarding the amount of your rating or a claim for benefits.