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

The process of submitting an application for veterans disability benefits may be overwhelming. The right veterans disability attorney will guide you from beginning to end.

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

Appeals

If the VA refuses or fails to approve a claim, the spouse of the deceased or veteran can file an appeal. It is a difficult and lengthy process that could be complicated even for the most straightforward disability claims. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.

One of the main reasons people have to declare a disability claim is that they are not content with their disability ratings. In this situation, the lawyer can make sure that the evidence is there to support a fair rating based upon a disabling condition that is caused or exacerbated by military service.

A veterans disability lawyer could be needed by people who have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing and then make an application for these records to the VA.

Having a veterans disability attorney can also alleviate the burden of dealing with the VA away from you. This will allow you the time to focus on your health and any other obligations you might have. Some lawyers are veterans and this can create a unique empathy for their clients. This could make a significant difference in the result of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans disability law firms to 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 analyze the same evidence as in the original claim, and make a fresh determination. The senior reviewer is able to confirm or reverse the previous decision to rate.

A veteran or their representative can request an informal conference to discuss the matter with the senior reviewer. However, only one conference is permitted. At this meeting, it is important to prepare and present your case's facts in a concise manner. A veterans disability attorney can assist you in preparing for and participate in the informal conference.

Higher-level reviews are often used to correct mistakes by the previous reviewer on a disability claim for example, not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these mistakes by altering the decision made previously, but only when it is beneficial to the claimant's interests.

The higher-level review could result in a private hearing for the claimant, which provides an opportunity to speak with those who are reviewing the claim and to explain their arguments. A lawyer who is a veteran can help you determine whether it's required to request a personal hearing, as well as preparation and presenting evidence at the hearing.

Notice of Disagreement

You may file a dispute within one year from the day the local office received the original denial letter. The VA will review the case again and create an Statement of the Case.

You should use VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help to fill out the form in a way that is effective in appealing the decision. You don't have to list every reason you do not agree 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 decide which evidence to include in the NOD. This could include statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this point, you can ask to have it reviewed again by a senior reviewer through an Higher Level Review. The process can take between 25 and approximately 25 months. You should be with your attorney at every step. If the VA rejects your claim, your lawyer can request a hearing before a Veterans Law judge to present evidence and testimony in person. Your attorney will draft your check should your claim be approved.

Statement of the Case

Congress has passed a variety of laws to ensure veterans receive compensation for illnesses, injuries and other ailments they've suffered during their 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 claimants navigate the system and provide the needed assistance.

Once a veteran has filed a Notice of Disagreement to his or local VA office, the agency must conduct an examination of the case. This includes looking into the laws, regulations, and the evidence used to make the initial decision. This includes looking over the veteran's medical record and at times lay statements. The VA must provide the applicant with an Statement of Case which includes a list of evidence that it has examined.

The statement should be in plain English and should explain the reasoning behind the decision, including the interpretation of the laws and regulations that affect the case. It should address the issues raised by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was submitted. However, due to the VA backlog and backlog, the agency could take longer to mail this document. If you're a veteran seeking to appeal an appeal of a rating decision or claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.