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

The process of obtaining veterans disability lawsuits disability benefits can be a challenge. A qualified veterans disability lawyer will guide you from start to finish.

It's important to find a lawyer who has a limit on their practice to disability cases, and only handles these cases at every level of appeal. This ensures you're receiving the best representation.

Appeals

If the VA rejects or doesn't approve a claim, either the spouse of the deceased or veteran may appeal. Even the most basic disability claim can complicate this complex and time-consuming procedure. A veteran disability lawyer can assist you in understanding your options and obtain the benefits you deserve.

A common reason people submit a claim for disability is because they are unhappy with their disability status. In this case an attorney can make sure that there is sufficient evidence to support the proper rating in light of a condition that was that is caused or worsened by military service.

A veterans disability lawyer may be needed by people who have had to wait too long for their benefits. The lawyer can help determine what documents are missing and submit a request the VA to obtain those documents.

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This allows you to focus on your health and any other obligations you might have. Some lawyers are veterans, and this can result in an exceptional compassion for their clients. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), veterans have more options if they do not agree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to analyze the same evidence provided in the original claim, and make a fresh decision. The senior reviewer can either confirm or reverse the previous decision to rate.

The individual or the representative of the veteran can arrange for a casual conference with the senior reviewer to discuss the case, but only one such meeting is allowed. In this meeting it is important to prepare and present your case facts in a clear manner. A lawyer for veterans may assist you in preparing for and participate in the informal conference.

The higher-level review is often used to correct mistakes made by the previous reviewer of a disability claim. For example an earlier reviewer misinterpreted evidence or committed mistakes 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.

A hearing at a personal level can be arranged for the applicant as a result of the higher-level review. This gives the applicant to meet with the person who is reviewing their claim and to present their case. A veterans disability lawyer can help determine whether it's required to request a personal hearing, and with making and presenting the evidence at 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 claim again and issue a Statement of Case.

In order to file a disagreement for a disagreement, you should file VA Form 21-958. An attorney for disabled people can help to fill out the form correctly to ensure it is effective in appealing the decision. You don't need to list every reason that you disagree with the decision. However it is best to be specific so that the VA can understand exactly what you believe to be incorrect. Your attorney can help you decide the evidence you should 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, then you can have it reviewed by a senior judge through a Higher Level Review. This process could take as long as about 25 months and you must be in contact with your lawyer throughout the process. If the VA denies your claim your lawyer can request a hearing before an Veterans Law judge to present evidence and testimony in person. If your claim is awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a variety of laws to ensure veterans disability law firms receive compensation for illnesses, injuries and ailments they've experienced during their time of service. However the VA is a massive bureaucracy, and it's easy to get lost in the maze of regulations. A veteran disability lawyer can assist in navigating the process and offer much-needed assistance for those who are seeking benefits.

Once a veteran files a Notice of Disagreement with his local VA office, the agency must conduct an investigation of the case. This involves examining the laws, regulations and evidence used in the original decision. This includes looking over the medical record of the veteran as well as when necessary, lay statements. The VA must provide the claimant with a Statement of Case that includes a list of all evidence it has looked over.

This statement should be in plain language and explain the reasoning for the decision, including the interpretation of the laws and regulations affecting the case. It should address all assertions made by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was received. However, due to the VA backlog it could take longer to mail this document. If you're a veteran seeking to appeal a decision on your rating or claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.