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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. The right veterans disability attorney can assist you from beginning to end.

It is essential to locate a lawyer that limits their law practice to disability cases and only handles these cases at every level of appeal. This will ensure you receive the most effective representation.

Appeals

When the VA denies or does not approve a claim, the spouse of the deceased may appeal. Even the most basic disability claims could be a challenge for this lengthy and complicated procedure. A veterans disability lawyer can assist you in understanding the options available to you and get the benefits you deserve.

A common reason people file a claim for disability is because they are unhappy with their disability status. In this situation a lawyer can be sure that there is sufficient evidence to justify a rating that is appropriate for a condition that is that is caused or worsened by military service.

Another reason that people tend to require a veteran disability lawyer is because they've waited too long to get their benefits. The lawyer can help determine what documents are not available, and then submit the request for these documents to the VA.

Having a veterans disability lawyer can help you deal with the VA away from your shoulders. This will let you concentrate on your health and any other obligations that you may have. Some lawyers are veterans themselves, and this can give them a unique level of compassion for their clients. They also increase the stakes in their cases. This can make a major difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions if they do not agree. 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 then make a new decision. The senior reviewer can either affirm or reverse the previous rating decision.

A veteran or their agent may request an informal meeting to discuss the case with the senior reviewer. However, only one of these conferences is permitted. In this meeting it is essential to prepare and present your case's facts in a clear way. An attorney who specializes in veterans disability can help you prepare and participate at the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of a disability claim. For instance an earlier reviewer misinterpreted evidence or committed mistakes in the law. Senior reviewers can correct these mistakes by changing a previous decision however only if it is in the best interests of the claimant.

A personal hearing can also be arranged for the claimant as a result of the review at a higher-level. This is an opportunity for the claimant to meet the person who is reviewing their case and present their arguments. A lawyer who is a veteran can help determine whether or not it is necessary to request a private hearing, and firm with preparation and presenting evidence at the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued an assessment, you may file a notice of disagreement within one year from the date on which the local office sends you the original denial letter. The VA will review the claim again and prepare a Statement of the Case.

To file a complaint for a disagreement, you should file VA Form 21-958. A disability lawyer can help you complete this form correctly to appeal the decision. You don't have to list every reason that you disagree with the decision. However it is better to be specific in order that the VA can understand exactly what you believe to be wrong. Your attorney can assist you in deciding which evidence to include in the NOD. This could be statements from medical professionals, or results of diagnostic tests.

If your appeal is not granted at this point There is a second chance to review it by an experienced reviewer in the form of an Higher-Level Review. The process can take between 25 and about 25 months and you must be with your lawyer throughout the process. If the VA refuses to accept your claim, your lawyer can request that a hearing be held before 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 enacted a number of laws to ensure that veterans receive compensation for their injuries, illnesses and other ailments caused by their service. The VA is a big bureaucracy and it's easy to get lost. A veteran disability lawyer can guide you through the process and offer much-needed assistance to those seeking assistance.

The VA must review the case after a veteran has filed a Notice of Dispute with the local VA office. This involves examining the regulations, laws and evidence used to make the initial decision. It also involves examining the veteran's medical records and in the event of a need lay statements. The VA must send the claimant an official statement of the case which includes a listing of all the evidence it has reviewed.

This statement should be in plain language and provide the reasoning of the decision, which should include the interpretation of the regulations and laws affecting the case. It should address any claims made by the claimant in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days of the date on which the NOD was filed. Due to the VA backlog it may take longer for the agency to issue the statement. If you're a veteran attempting to appeal a decision on your rating or claim for benefits, contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.