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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. A qualified veterans disability lawyer can assist you from beginning to end.

It's crucial to locate an attorney who handles disability law and cases of this nature at all levels of appeal. This helps ensure you'll be receiving the best legal representation.

Appeals

When the VA rejects or doesn't approve a claim, either the veteran or the surviving spouse may appeal. Even the simplest disability claims can make this a complicated and lengthy procedure. A veteran's disability attorney can help you understand your options and ensure you receive the benefits you deserve.

The most common reason for people to submit a claim for disability is that they are not satisfied with their disability rating. In this situation, a lawyer can make sure there is enough evidence to back the proper rating for a condition that is caused or made worse 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 submit a request to the VA for the relevant records.

A veteran disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will give you time to concentrate on your health and any other responsibilities you may have. Some attorneys are veterans themselves which can give them a unique compassion for their clients and create a deeper investment in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able 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 look at the same evidence as in the original claim, and make a fresh decision. The senior reviewer can either affirm or firm 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 such conference is permitted. In this meeting it is crucial to prepare and present your case's details in a clear way. A veterans disability attorney can assist you in preparing and participate in the informal conference.

Higher-level reviews can be utilized to correct errors made by the previous reviewer on a disability claim for example, misinterpreting evidence or making errors in the law. Senior reviewers can correct these errors by changing a previous decision but only if it is in the best interest of the claimant.

A personal hearing may be arranged for the claimant in the wake of the higher-level review. This is a chance for the claimant to meet with the person who is reviewing their claim and discuss their arguments. A veterans disability attorney can help determine whether or not a personal hearing is required and can also prepare and present evidence at the hearing.

Notice of Disagreement

After the VA has examined your claim and firm reached a decision, you are able to file a notice of disagreement within one year from the date that the local office sends you its original denial letter. The VA will then review your claim again and create an Statement of the Case.

You must make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help to fill out the form correctly to appeal the decision. You don't have to list every reason why you are not with the decision; however it is best to be specific so that the VA knows exactly what you believe to be incorrect. Your attorney can help you on the evidence you should submit in the NOD including statements from medical professionals or the results of diagnostic tests.

If your appeal is not granted at this stage If you are denied, you can try again to have it reviewed by an experienced reviewer in the form of a Higher-Level review. This process could take as long as about 25 months and you must be with your lawyer throughout the process. If the VA denies your claim, your lawyer may request an appeal before an Veterans Law judge to present evidence and testimony in person. If your claim is ultimately accepted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for illnesses, injuries, and ailments they've experienced during their time of service. However, the VA is a huge bureaucracy, and it's easy to get lost in the maze of regulations. A veteran disability lawyer can assist in navigating the process and provide vital assistance to applicants.

The VA must examine the case after a veteran has filed a Notice of Dispute with the local VA office. This involves examining the laws, regulations and the evidence used to make the initial decision. This includes looking over the medical record of the veteran as well as in the event of a need lay statements. The VA must provide the applicant with an official statement of case which includes a list of evidence it has analyzed.

The statement should state in a clear manner the reasoning behind its decision, as well as how it decided to interpret the laws and regulations that affected the case. It should address the issues raised by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was sent. Due to the VA backlog, it may take longer for the agency to issue the statement. If you're a veteran seeking to appeal an appeal of a rating decision or claim for benefits, get in touch with an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.