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How a clay center veterans disability lawsuit Disability Attorney Can Help You Get the Benefits You Deserve

The process of submitting an application for veterans disability benefits can seem overwhelming. A lawyer for veterans can help you navigate the procedure.

It's crucial to find an attorney that only is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure that you get the best representation.

Appeals

When the VA rejects a claim or does not accept benefits, it permits the veteran or or her surviving spouse to appeal. This is a complex and lengthy process that can be complicated even by the most straightforward disability claims. An attorney for veterans can assist you in understanding your options and obtain the benefits you deserve.

A common reason for people to declare a disability claim is because they are unhappy with their disability rating. In this situation, the lawyer can make sure that the evidence is there to justify a proper rating based upon a disabling condition caused or exacerbated 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 assist in determining what documents are missing and submit a request the VA to obtain those documents.

A veteran disability lawyer will also help you get rid of the burden of dealing directly with the VA. This gives you the time to concentrate on your health, as well as any other obligations you might have. Some lawyers are veterans themselves, and this can give them a unique compassion for their clients. They also make them more invested in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

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

The person who is the veteran or their representative could arrange for a casual conference with the senior reviewer to discuss the case, but only one conference is permitted. It is essential to be prepared and be able to present the facts of your case in a concise manner during this meeting. A lawyer for veterans may 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 an appeal for disability. For instance an earlier reviewer misinterpreted evidence, or made mistakes in the law. Senior reviewers can correct these errors by changing a previous decision, but only when it is in the claimant's best interest.

The higher-level review could result in a hearing for the applicant, which is an opportunity to connect with the person who will be reviewing the claim and explain the arguments. A veteran disability lawyer can assist in determining whether the need for a personal hearing is justified and also prepare and present the evidence during the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued an assessment, you may file a written notice of disagreement within one year of the date that the local office mails you the original denial notice. The VA will review your claim again and issue a Statement of the Case.

In order to file a disagreement with the VA, you should fill out VA Form 21-958. A disability attorney can assist to fill out the form correctly to ensure it is effective in contesting the decision. You do not have to list all the reasons you don't agree with the VA's decision but it is advisable to be specific in order to help the VA determine what you think is wrong. Your attorney can guide you on what evidence to submit to support the NOD, for example, statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you can have it re-examined by a senior judge through a Higher Level Review. This could take anywhere from 25 months, and it is important to have your lawyer by with you every step of the way. If the VA still denies your claim, your lawyer could request a hearing to be held before a Lamesa Veterans Disability Attorney Law Judge to present evidence and testimony in person. Your lawyer will draft your check if your claim is awarded.

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 service. The VA is a large bureaucracy, and it's easy to be lost. A veteran disability lawyer can help those seeking assistance navigate the system and provide much needed assistance.

Once a veteran files a Notice of Disagreement with his or [empty] her local VA office, the VA must conduct an examination of the case. This includes looking into the laws, regulations and evidence used in the original decision. Also, it involves looking over the medical records of the veterans and, if needed, lay statements. The VA must send the claimant a Statement of the Case that includes a list of all evidence it looked over.

The statement should outline in plain language the reasoning behind its decision, as well as how it determined the law and regulations that impacted the case. It should address any claims 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 on which the NOD was filed. Due to the VA backlog it may take the agency longer to issue the document. If you are a veteran appealing an appeal of a rating decision or claim for [empty] benefits, get in touch with a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.