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

The process of getting veterans disability benefits can be a challenge. A lawyer for veterans can help you navigate the procedure.

It's crucial to find an attorney who only has experience in disability law and who handles cases of this nature at all levels of appeal. This will ensure you receive the best representation.

Appeal

If the VA denies a claim, or does not approve benefits, it allows the veteran or or spouse who is surviving to appeal. Even the most basic disability claims could make it difficult to navigate this complicated and time-consuming procedure. A veterans disability lawyer can help you understand the various options available and secure the benefits you deserve.

The most common reason people need to file an application for disability benefits is that they are not content with their disability status. In this case, a lawyer can make sure that the evidence is sufficient to support a fair rating based on a debilitating condition caused or exacerbated by military service.

Another reason that people tend to require a veterans disability law firms disability lawyer is that they've been waiting for too long to receive benefits. The lawyer can help determine what documents are missing and then make an inquiry for these records to the VA.

A lawyer for veterans will also help you get rid of the burden of dealing directly with the VA. This will allow you the time to focus on your health, and any other responsibilities you may have. Some attorneys are veterans, and this can create an unmatched compassion for their clients. 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) allows veterans to have more options if they do not agree 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 provided in the original claim and make a fresh determination. The senior reviewer has the choice to either affirm or reverse the previous rating.

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 conference is allowed. It is essential to be prepared and explain your case in a concise manner at this meeting. A veteran disability attorney can help you prepare and take part in the informal conference.

The higher-level review is typically used to correct errors made by the previous reviewer of an appeal for disability. For instance, if the earlier reviewer misinterpreted evidence or committed errors in the law. The senior reviewer can change a prior decision on the same claim to correct these kinds of errors however only if the modifications are beneficial to the person filing the claim.

A personal hearing could be arranged for the claimant as a consequence of the review at a higher-level. This is an opportunity for the claimant to meet the person who will be reviewing their claim and discuss their arguments. A veteran disability attorney can help determine whether a personal hearing is needed, as well as prepare and present the evidence for 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 your case again and create a Statement of the Case.

To file a complaint for a disagreement, you should file VA Form 21-958. A disability attorney can assist you complete the form in a way that is effective in appealing the decision. You don't have to list all the reasons you don't agree with the VA's decision but it is best to be specific in order to help the VA know what you believe is wrong. Your attorney can help you decide the evidence you should include in the NOD. These could be statements from medical professionals, or results of diagnostic tests.

If your appeal is denied at this stage You have a second chance to get 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 in contact with your lawyer throughout the process. If the VA rejects your claim, your lawyer may request a hearing before an Veterans Law judge to present testimony and other evidence in person. If your claim is accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed numerous laws to make sure that veterans are compensated for injuries, illnesses and other ailments suffered during service. However the VA is a massive bureaucracy that is easy to get lost in the system. A veteran disability attorney can assist in navigating the process and provide vital assistance for those who are seeking benefits.

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

This statement should explain in a clear manner the reasoning behind its decision, including how it interprets the laws and regulations that impacted the case. It should address all assertions 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 the agency longer to issue the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision over the basis of a rating or a claim for benefits.