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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 lawyer who is a veterans disability attorney can guide you through the process.

It's important that you choose an attorney who is skilled in disability law and can handle these cases at all levels of appeal. This helps ensure you'll be receiving the best representation.

Appeal

If the VA denies a claim, or does not approve benefits, it allows the veteran, or his or her surviving spouse to appeal. Even the most basic disability claim can be a challenge for this lengthy and complicated procedure. A veterans disability attorney can assist you in understanding your options and firm obtain the benefits you deserve.

The most common reason people need to declare a disability claim is that they are not satisfied with the disability rating they have received. In this instance, the lawyer can ensure that the evidence is in place to support a fair rating based upon a disabling condition caused by or aggravated by military service.

A lawyer for veterans may be required by those who have had to wait too long for their benefits. The lawyer can assist in determining what documents are not available, and then make the request for these documents to the VA.

A veteran disability lawyer can alleviate the burden of dealing with the VA away from you. This will allow you to concentrate on your health and other responsibilities that you may have. Some lawyers are veterans, which can give them an innate compassion for their clients. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Veterans can appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to analyze the same evidence as in the original claim and make a fresh determination. The senior reviewer is able to affirm 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, however, only one of these conferences is allowed. It is crucial to be prepared and provide the facts of your case in a clear manner during this meeting. A veterans disability attorney can help you prepare for and participate in the informal conference.

Higher-level reviews are usually used to correct mistakes by the earlier reviewer in a disability case that result in misinterpreting evidence or making errors in the law. The senior reviewer can alter an earlier decision regarding the same claim to correct these kinds of errors but only if the modifications are beneficial to the person filing the claim.

A hearing at a personal level can be scheduled for the claimant as a result of the review at a higher-level. This gives the applicant to meet with the person who will be reviewing their claim and to present their case. A veteran disability lawyer can assist in determining whether an individual hearing is necessary and prepare and present evidence at the hearing.

Notice of Disagreement

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

You should utilize VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help complete this form correctly to ensure it is effective in appealing the decision. It is not necessary to list every reason why you are not with the decision; however it is best to be specific in order that the VA understands what exactly you believe is incorrect. Your attorney can help you decide what evidence to include in the NOD. These could be statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage You have a second chance to have it reviewed by an experienced reviewer in form of A Higher-Level Review. This process could take as long as about 25 months and you must be with your lawyer at all times. If the VA denies your claim your lawyer can request an appeal before a Veterans Law judge to present evidence and testimony in person. Your attorney will prepare your check when your claim is accepted.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans are compensated for injuries, illnesses and other ailments caused by their service. The VA is a huge bureaucracy and it's easy to be lost. A veteran disability attorney can help you navigate the process and provide vital assistance to those seeking assistance.

The VA must review the case after the veteran has filed the Notice of Dispute to the local VA office. This involves examining the laws, regulations and evidence used to reach the original decision. This includes looking over the medical record of the veteran as well as in the event of a need lay statements. The VA must provide the applicant with a Statement of Case, which includes a list with evidence that it has reviewed.

The statement should be written simple and clear, and also explain the reasoning of the decision, which should include the interpretation of the laws and regulations affecting the case. It should address all claims made by the plaintiff in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was sent. However due to the VA backlog and backlog, the agency could take longer to mail the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is appealing a decision on an assessment or claim for benefits.