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How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve

The process of applying for veterans disability benefits may seem overwhelming. A lawyer for veterans can help you navigate the procedure.

It is essential to find a lawyer who has a limit on their practice to disability cases and only handles these cases at each level of appeal. This will ensure that you get the best representation.

Appeal

When the VA refuses or fails to consider a claim, the spouse or the veteran who is surviving can appeal. Even the most basic disability claim can make this a complicated and lengthy procedure. A veterans disability attorney can help you understand your options and obtain the benefits you deserve.

A common reason people declare a disability claim is because they are dissatisfied with their disability rating. In this case, a lawyer can make sure that the evidence is sufficient to justify a proper rating based on a disabling condition caused by or aggravated by military service.

Another common reason for people to require a veterans disability lawyer is that they've waited too long to receive their benefits. The lawyer can assist in determining what documents are missing and can then make a request to the VA for those records.

A lawyer for veterans' disability can also relieve you of the burden of dealing directly with the VA. This will allow you the time to concentrate on your health, and any other obligations you might have. Some lawyers are veterans and this can result in a unique compassion for their clients. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

Since the veterans disability lawyers Appeals Improvement and Modernization Act of 2017 (AMA) Veterans have more options when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows a senior reviewer to review the same evidence as was presented in the original claim, and then make an additional decision regarding the case. The senior reviewer may affirm or reverse the previous decision to rate.

A veteran or their representative could ask for an informal meeting to discuss the matter with the senior reviewer. However only one of these conferences is permitted. In this meeting it is important to prepare and present your case facts in a concise manner. An attorney for veterans can help you prepare and participate in the informal conference.

The higher-level reviews are typically used to correct errors made by the previous reviewer of the disability claim. For example in the event that the previous reviewer misinterpreted the evidence or veterans disability law firms made errors in the law. Senior reviewers are able to correct these mistakes by changing a previous decision however only if it is in the best interest of the claimant.

The more thorough review may result in a personal hearing for the applicant, which provides an opportunity to connect with the person reviewing the claim and explain the arguments. A veteran disability attorney can help determine whether the need for a personal hearing is justified, as well as prepare and present evidence for the hearing.

Notice of Disagreement

You may file a dispute within one year of the date the local office mailed you the initial denial letter. The VA will review the claim again and create an Statement of Case.

You must make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you complete this form correctly to appeal the decision. It is not necessary to list all the reasons you disagree with the VA's decision however, it is recommended to be specific in order to help the VA understand what you think is wrong. Your attorney can help you determine what evidence to include with the NOD. This could be statements from medical professionals, or results of diagnostic tests.

If your appeal is rejected at this stage, then you can have it reviewed by a senior reviewer through an Higher Level Review. This process can take 25 months and you should be in contact with your attorney throughout the process. If the VA rejects your claim, your lawyer may request an appearance before an Veterans Law judge to present testimony and other evidence in person. Your lawyer will draft your check when your claim is accepted.

Statement of the Case

Congress has written extensive laws to ensure that veterans Disability law firms receive compensation for injuries, illnesses, and other conditions incurred during service. The VA is a big bureaucracy and it's easy for people to become lost. A veteran disability lawyer can assist people navigate the system and offer the needed assistance.

When a veteran files a Notice of Disagreement to his or local VA office, the agency must conduct an investigation of the case. This includes looking into the laws, regulations and evidence used in making the initial decision. This also includes looking at the medical records of the veterans and in the event of a need lay statements. The VA must provide the applicant with an Statement of Case that includes a list of evidence it has analyzed.

The statement should be simple and clear, and also explain the reasoning behind the decision, including the interpretation of the law and regulations relevant to the case. It should address all the claims made by the plaintiff in his or her NOD.

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