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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 overwhelming. A qualified veterans disability lawsuits disability lawyer can help you navigate it from beginning to end.

It is essential to find an attorney who only is skilled in disability law and can handle these cases at all levels of appeal. This will ensure you receive the best legal representation.

Appeal

When the VA denies a claim, or does not approve benefits, it gives the veteran or or spouse who is surviving to appeal. This is a complicated and lengthy procedure that can be complicated even by the most straightforward disability claims. A veteran disability lawyer can assist you in understanding the options available to you and obtain the benefits you deserve.

A common reason for people to submit a claim for disability is because they are unhappy with their disability rating. In this situation, a lawyer can make sure that there is sufficient evidence to support the proper rating due to a condition caused or aggravated by military service.

A veterans disability lawyer could be needed by people who have not received their benefits. The lawyer can help determine what documents are missing and can then make a request to the VA for those records.

A lawyer for veterans can also ease the burden of dealing directly with the VA. This allows you to concentrate on your health and other responsibilities that you may have. Some attorneys are veterans themselves and this gives them a unique compassion for their clients and give them a greater stake in their cases. This can make a major difference in the result of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to analyze the same evidence as in the original claim, and make a new determination. The senior reviewer may confirm or reverse the previous rating decision.

The veteran or their representative can request a meeting with the senior reviewer to discuss the case, but only one of these conferences is permitted. It is essential to be prepared and be able to present the facts of your case in a concise way at this conference. An attorney who specializes in the field of veterans disability can assist you prepare for and participate in the informal conference.

The higher-level reviews are typically used to correct errors made by the previous reviewer of the disability claim. For instance in the event that the previous reviewer misinterpreted evidence or committed errors in the law. Senior reviewers are able to correct these mistakes by altering the decision made previously however only if it is in the best interests of the claimant.

The more thorough review may lead to a personal hearing for the claimant which is an opportunity to connect with the person who will be reviewing the claim and to explain their arguments. A veteran disability lawyer can help decide whether or not the need for a personal hearing is justified and can also prepare and present evidence at the hearing.

Notice of Disagreement

After the VA has examined your claim and reached an assessment, you may submit a notice of disagreement within one year of the date the local office has sent you the original denial letter. The VA will review the case again and prepare a Statement of Case.

To file a complaint for a disagreement, you should file VA Form 21-958. A disability lawyer can help you fill out the form correctly to appeal the decision. You don't have to list every reason that you disagree with the decision; however, it is better to be specific in order that the VA can understand exactly what you believe is incorrect. Your attorney can help you about the type of evidence you can submit with the NOD, such as statements from medical professionals or veterans disability results of diagnostic tests.

If your appeal is not granted at this point There is a second chance to review it by a senior reviewer in form of a Higher-Level Review. This could take anywhere from 25 months, and you should have an attorney on your side every step of the way. If the VA refuses to accept your claim, your lawyer can request that a hearing be conducted before a Veterans Law Judge to present evidence and testimony in person. Your attorney will prepare your check should your claim be approved.

Statement of the Case

Congress has enacted a number of laws to make sure that veterans are compensated for ailments, injuries and illnesses suffered during service. The VA is a big bureaucracy and it's easy to become lost. A veteran disability attorney can help you navigate the process and provide much-needed assistance for claimants.

The VA must examine the case once a veteran has filed an official Notice of Dispute with the local VA office. This involves examining the laws, regulations and evidence used to make the original decision. This also includes looking at the veteran's medical records and veterans disability in the event of a need, lay statements. The VA must provide the applicant with the Statement of Case which includes a list with evidence that it has examined.

The statement should outline in plain language the reasoning behind the decision, and how it determined the law and regulations that impacted the case. It should address all claims made by the plaintiff in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days from when the NOD was filed. However, due to the VA backlog and backlog, the agency could take longer to issue the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about the basis of a rating or a claim for benefits.