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

The process of applying for veterans disability benefits may appear overwhelming. The right veterans disability attorney will guide you from start to finish.

It is essential to find an attorney who only has experience in disability law and who handles cases of this nature at all levels of appeal. This will ensure you receive the best representation.

Appeal

When the VA rejects or doesn't approve a claim, the veteran or the surviving spouse can file an appeal. This is a lengthy and lengthy procedure that can be complicated even with the most simple disability claims. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.

A common reason why people declare an claim for disability is because they are unhappy with their disability status. In this situation lawyers can make sure there is enough evidence to justify the proper rating for a condition that is that is caused or worsened by military service.

Another reason for people to require a veteran disability lawyer is that they've waited too long to get their benefits. The lawyer can assist in determining what documents are missing and submit a request the VA to obtain those documents.

A veteran disability lawyer can also ease the burden of dealing directly with the VA. This will give you time to concentrate on your health and Veterans disability attorney any other obligations you might have. Some lawyers are veterans, and this may result in an innate empathy for their clients. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decision if they disagree. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to examine the same evidence as in the original claim, and make a fresh determination. The senior reviewer is able to either affirm or reverse 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 permitted. It is essential to be prepared and be able to present your case in a clear manner at this meeting. A veterans disability attorney can help you prepare and take part in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of an appeal for disability. For example when the previous reviewer misinterpreted evidence or made mistakes in the law. The senior reviewer can alter an earlier decision on the same claim in order to fix these types of mistakes, but only if those changes are beneficial to the person filing the claim.

A personal hearing could be scheduled for the claimant as a consequence of the review at a higher level. This gives the claimant to meet with the person who will be reviewing their claim and to present their case. A veterans disability lawyer can help determine whether it's necessary to request a personal hearing, as well as with making and presenting the evidence during the hearing.

Notice of Disagreement

After the VA has examined your claim and reached a decision, you are able to file a notice of disagreement within one year of the date when the local office gives you its original denial letter. The VA will review your case once more and prepare an official statement of the case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist you fill out this form in a way that is effective in appealing the decision. You do not have to list all the reasons you don't agree with the VA's decision but it is best to be specific and help the VA determine what you think is wrong. Your attorney can advise 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 denied at this stage, then you can have it re-examined by a senior judge through a Higher Level Review. This process could take as long as up to 25 months, and you should be in contact with your attorney throughout the process. If the VA refuses to accept your claim, your lawyer can request that a hearing be held before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately granted, your lawyer will prepare you for the check.

Statement of the Case

Congress has passed many laws to ensure veterans receive compensation for illnesses, injuries and other ailments they've suffered during their time of service. However the VA is a huge bureaucracy and it's easy to be lost within the system. A veteran disability lawyer can assist applicants navigate the system and offer much needed assistance.

If a veteran files a Notice of Disagreement to his or her local VA office, the VA must conduct an investigation into the case. This involves examining the regulations, laws and evidence used to reach the original decision. It also includes examining the medical records of the veteran as well as in the event of a need, lay statements. The VA must send the claimant an official statement of the case, which contains a list of all evidence that it has looked over.

This statement should describe in plain language the reasoning behind the decision, and how it decided to interpret the laws and regulations that affected the case. It should address any claims raised 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. However due to the VA backlog it could take longer to issue this document. If you're a veteran seeking to appeal the decision of a rating agency or a claim for benefits, please contact an attorney for veterans disability lawyers disability from Fusco, Brandenstein & Rada, P.C.