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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 veterans disability lawyer can help you navigate the process.

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

Appeal

When the VA refuses or fails to accept a claim, the spouse or the veteran who is surviving can file an appeal. It is a difficult and time-consuming process that can be complicated even with the most straightforward disability claims. A veteran disability lawyer can help you understand all of your options and obtain the benefits you deserve.

A common reason why people declare an claim for disability is because they are not happy with their disability status. In this situation, the lawyer can make sure that all the evidence is in place to support a fair rating based upon a disabling condition that is caused or exacerbated by military service.

Another reason for people to need a veterans disability lawyer is because they have been waiting for too long to receive benefits. The lawyer can assist in determining what documents are missing, and then make an inquiry for these records to the VA.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will allow you to focus on your health and other obligations you might have. Some lawyers are veterans and this may result in an exceptional compassion for their clients. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) Veterans have more options if they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to look at the same evidence provided in the original claim, and make a new determination. The senior reviewer may affirm or reverse the previous decision to rate.

A veteran or their representative may request an informal conference to discuss the case with the senior reviewer. However only one conference is allowed. It is important to be prepared and provide the facts of your case in a concise way at this conference. A lawyer for veterans may assist you in preparing and take part in the informal conference.

The higher-level review is often used to correct errors made by the previous reviewer of the disability claim. For instance, if the earlier reviewer misinterpreted evidence or committed mistakes in the law. The senior reviewer may alter a prior decision on the same claim in order to rectify these mistakes however only if the changes are beneficial to the applicant.

A personal hearing can also be scheduled for the claimant as a result of the higher-level review. This gives those seeking to be heard by the person who is reviewing their case and explain the arguments. A veteran disability lawyer can help decide whether a personal hearing is needed, as well as prepare and present the evidence for the hearing.

Notice of Disagreement

After the VA has assessed your claim and issued an assessment, veterans disability you may file a notice of disagreement within one year of the date when the local office sends you its original denial letter. The VA will review your case again and prepare a Statement of the Case.

If you want to file a dispute for a disagreement, you should file VA Form 21-958. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. It is not necessary to list every reason why you disagree with the decision. However it is best to be specific so that the VA understands what exactly you believe to be incorrect. Your attorney can help you about the type of evidence you can submit with the NOD, including statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this stage You have a second chance to review it by a senior reviewer in form of an Higher-Level Review. This process could take as long as about 25 months and you must be in contact with your lawyer throughout the process. If the VA refuses to accept your claim, your attorney may request an appointment with a Veterans Law judge to present evidence and testimony in person. If your claim is ultimately accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are paid for injuries, illnesses and conditions caused by their service. The VA is a massive bureaucracy and it's easy for people to get lost. A veteran disability lawyer can help applicants navigate the system and provide the assistance they need.

Once a veteran has filed a Notice of Disagreement with his local VA office, the VA must conduct an examination of the case. This involves examining the regulations, laws and evidence used to make the original decision. Also, it involves looking over the veteran's medical records and in the event of a need lay statements. The VA must send the claimant a Statement of Case which includes a listing of all the evidence it has examined.

The statement should be written simple and clear, and also explain the reasoning behind the decision, including the interpretation of the law and regulations that affect the case. It should address the issues made by the claimant in the NOD.

The Statement of the Case is typically sent to the veteran within 120 days from the date that the NOD was filed. However due to the VA backlog the agency might take longer to issue the document. If you're a veteran who is appealing the decision of a rating agency or a claim for veterans disability benefits, you should contact an attorney for veterans disability law firm disability from Fusco, Brandenstein & Rada, P.C.