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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 overwhelming. A veterans disability lawyer can help you navigate the procedure.

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

Appeals

When the VA rejects a claim or fails to allow benefits to be approved, it allows the veteran, or his or the spouse who died to file an appeal. This is a lengthy and lengthy procedure that can be complicated even by the most simple disability claims. A veteran's disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

The most common reason for people to submit a claim for disability is because they are dissatisfied with their disability rating. In this case, a lawyer can ensure that the evidence is in place to support a valid rating based on a debilitating condition caused by or aggravated by military service.

A lawyer for veterans may be needed by those who have been waiting 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 relieve the burden of dealing with the VA away from you. This will give you the time to focus on your health, as well as any other obligations you might have. Some attorneys are veterans, and this can give them a unique type of empathy for their clients and make them more invested in their cases. This can make a major difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review option that allows an experienced reviewer to examine the same evidence presented in the original claim, and make a fresh decision. The senior reviewer can either affirm or reverse the previous decision to rate.

The veteran or their representative may request an informal meeting with the senior reviewer to discuss the case, but only one conference is permitted. It is important to be prepared and present the facts of your case in a clear manner at this time. An attorney who specializes in the field of disability for veterans 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 a disability claim. For example when the previous reviewer misinterpreted the evidence or made errors in the law. The senior reviewer is able to alter a prior decision on the same claim to correct these kinds of mistakes however only if those modifications are beneficial for the person filing the claim.

A personal hearing can also be scheduled for the claimant in the wake of the review at a higher-level. This gives those seeking to be heard by the person reviewing their claim and explain the arguments. A lawyer for veterans can assist with determining whether or not it's necessary to request a private hearing, and also with creating and presenting evidence at the hearing.

Notice of Disagreement

You may file a dispute within one year from the day the local office issued the original denial letter. The VA will then review your claim once more and draft a Statement of the Case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you complete this form correctly to appeal the decision. It is not necessary to list all the reasons you don't agree with the VA's decision but it is best to be specific in order to assist the VA understand what you think is wrong. Your attorney can help you on what evidence to submit in the NOD such as statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this stage, then you can have it reviewed by a senior judge through an Higher Level Review. This could take anywhere from 25 months, and you must have your lawyer by your side every step of the procedure. If the VA denies your claim your lawyer can request an appeal before a Veterans Law judge to present testimony and other evidence in person. Your attorney will prepare your check if your claim is awarded.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans receive compensation for their injuries, Veterans illnesses and conditions incurred during service. The VA is a huge bureaucracy and it's not difficult to become lost. A veteran disability lawyer can assist people navigate the system and provide much needed assistance.

Once a veteran files a Notice of Disagreement to his or local VA office, the agency must conduct a review of the case. This includes reviewing the laws, regulations and evidence used in the initial decision. It also involves examining the medical records of the veteran and Veterans when necessary, lay statements. The VA must send the claimant an official statement of the case, which contains a list of all the evidence it has examined.

The statement should outline in clear language the reasoning behind the decision, as well as how it interpreted the laws and regulations that affected the case. It should address all contentions the claimant raised in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was received. Due to the VA backlog, it could take the agency longer to issue the statement. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision regarding the basis of a rating or a claim for benefits.