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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 appear overwhelming. A qualified veterans disability lawyer can guide you from start to finish.

It's important to find a lawyer who limits their law practice to disability cases and only handles those cases at all levels of appeal. This will ensure that you get the best representation.

Appeals

If the VA rejects a claim or does not allow benefits to be approved, it allows the veteran or or the spouse who died to appeal. Even the most basic disability claim can be a challenge for this lengthy and complicated procedure. A veterans disability lawyers disability lawyer can help you understand all your options and help you get the benefits you deserve.

One common reason that people have to declare a disability claim is that they are not content with the disability rating they have received. In this case lawyers can make sure that there is enough evidence to support a rating that is appropriate due to a condition that is caused or worsened by military service.

Another reason that people tend to require a veteran disability lawyer is because they have been waiting too long for benefits. The lawyer can help determine the missing documents, and then submit the request for these documents to the VA.

Having a veterans disability attorney can also help you deal with the VA away from your shoulders. This gives you the time to concentrate on your health, and any other obligations you might have. Some lawyers are veterans themselves and this gives them a unique form of empathy for their clients and increase the stakes in their cases. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans with more options if they do not agree with VA decisions on their claims. The Higher-Level Review is a decision review option that permits senior reviewers to examine the same evidence that was presented in the original claim and then make a new decision on the case. The senior reviewer may confirm or reverse the previous decision to rate.

A veteran or their agent may request an informal meeting to discuss the matter with the senior reviewer. However only one conference is permitted. It is essential to be prepared and present your case in a clear manner during this meeting. An attorney with expertise in the field of veterans disability can assist you prepare for and participate in the informal conference.

The higher-level review is often used to correct mistakes made by the previous reviewer of the disability claim. For example, if the earlier reviewer misinterpreted evidence or committed mistakes in the law. The senior reviewer can alter an earlier decision on the same claim to correct these mistakes but only if the changes are beneficial to the claimant.

The more extensive review can result in a hearing for the applicant, which gives the claimant an opportunity to talk to those who are reviewing the claim and to explain their arguments. A veterans disability lawyer can help decide whether or not the need for a personal hearing is justified and also prepare and present evidence during the hearing.

Notice of Disagreement

You can file a dispute within one year from the date the local office mailed you the initial denial letter. The VA will review the case again and prepare a Statement of Case.

If you want to file a dispute with the VA, you should fill out VA Form 21-958. A disability lawyer can help to fill out the form correctly so that it is effective in contesting the decision. You don't have to include every reason why you disagree with the decision; however it is better to be specific so that the VA is aware of what you believe to be wrong. Your attorney can help you determine what evidence to include with the NOD. This could include statements from medical professionals or results from diagnostic tests.

If your appeal is denied at this stage You have a second chance to review it by a senior reviewer in form of a Higher-Level Review. This process could take up to up to 25 months, and you should be with your lawyer at all times. If the VA continues to deny your claim, your lawyer can request a hearing to be conducted before an veterans disability law firm Law Judge to present testimony and additional evidence in person. Your attorney will draft your check when your claim is accepted.

Statement of the Case

Congress has passed a variety of laws to ensure veterans receive compensation for illnesses, injuries and conditions they have suffered during their service. But, the VA is a huge bureaucracy and it is easy to be lost within the system. A veteran disability attorney can help navigate the process and provide vital assistance for applicants.

The VA must review the case following the time the veteran has filed an Notice of Dispute at the local VA office. This involves examining the regulations, laws, and the evidence used to make the initial decision. This also includes looking at the medical records of the veteran as well as in the event of a need lay statements. The VA must provide the claimant with an official statement of case which contains a list of evidence it has analyzed.

The statement should outline in clear language the reasoning behind the decision, as well as how it interpreted the laws and regulations that affected the case. It should address all the arguments made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was filed. However due to the VA backlog and backlog, the agency could take longer to mail this document. If you're a veteran who is appealing an appeal of a rating decision or claim for benefits, you should contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.