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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 a challenge. A lawyer who is a veterans disability attorney can help you navigate the procedure.

It's crucial to find an attorney that only has experience in disability law and who handles these cases at all levels of appeal. This ensures that you're receiving the best legal representation.

Appeal

If the VA rejects a claim or does not approve benefits, it allows the veteran or his or her surviving spouse to file an appeal. Even the most basic disability claims could make it difficult to navigate this complicated and time-consuming procedure. A veterans disability lawyer can help you understand the options available to you and help you get the benefits you deserve.

The most common reason people make a disability claim is because they are unhappy with their disability status. In this case, a lawyer can ensure that the evidence is there to justify a proper rating based upon a disabling condition caused or exacerbated by military service.

Another common reason for people to require a veteran disability lawyer is that they have been waiting for too long to receive benefits. The lawyer can help determine what documents are missing and then submit the request for these documents to the VA.

A lawyer for veterans' disability will also help you get rid of the burden of dealing directly with the VA. This will allow you to focus on your health and other obligations that you may have. Some attorneys are veterans disability law firm, and this can give them a unique level of empathy with their clients and create a deeper investment in their cases. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

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

The individual or the representative of the veteran can request an informal meeting with the senior reviewer to discuss the case, however, only one such meeting is permitted. It is crucial to be prepared and be able to present your case in a concise manner at this time. An attorney who is specialized in the field of disability for veterans can help you prepare and participate at the informal conference.

Higher-level reviews are typically used to correct errors made by the reviewer who was earlier in the case of a disability claim, such as failing to interpret evidence or making mistakes in the law. The senior reviewer is able to alter an earlier decision regarding the same claim to correct these mistakes however only if those modifications are beneficial for the claimant.

The more thorough review may result in a hearing for the applicant, which is an opportunity to connect with the person reviewing the claim and explain the arguments. A veterans disability lawyer can help decide whether or not a personal hearing is required, as well as prepare and present evidence for the hearing.

Notice of Disagreement

You can file a disagreement within one year of the date the local office issued the initial denial letter. The VA will review your case again and create an Statement of Case.

In order to file a disagreement with the VA, you should fill out VA Form 21-958. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. You don't have to list every reason you do not agree with the VA's decision but it is best to be specific in order to help the VA to understand what you believe is wrong. Your attorney can provide guidance on what evidence to submit along with the NOD, such as statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point, you can have it re-examined again by a senior reviewer through a Higher Level Review. This process could take up to about 25 months and you must be in contact with your lawyer at all times. If the VA is unable to resolve your claim, your lawyer can request that a hearing be held before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are compensated for their injuries, illnesses, and other conditions incurred during service. The VA is a large bureaucracy and Veterans disability it's easy to become lost. A veteran disability lawyer can guide you through the process and provide much-needed assistance for claimants.

The VA must review the case after the veteran has filed the Notice of Dispute to the local VA office. This includes reviewing the laws, regulations and the evidence used to make the original decision. Also, it involves looking over the medical records of the veterans and, if needed, lay statements. The VA must provide the claimant with a Statement of the Case which is a list of all evidence that it has studied.

The statement should outline in a clear manner the reasoning behind its decision, including how it interpreted the laws and regulations that impacted the case. It should address all the arguments made by the claimant in his or her NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from the date that the NOD was filed. Due to the VA backlog, it may take the agency longer to issue the statement. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision regarding the basis of a rating or a claim for benefit.