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

The process of applying for benefits from veterans disability may be overwhelming. A qualified veterans disability lawyer can assist you from beginning to end.

It is essential to choose an attorney who handles disability law and these cases at all levels of appeal. This will ensure you receive the best legal representation.

Appeals

If the VA decides to deny or not approve a claim, either the veteran or the surviving spouse can appeal. Even the simplest disability claims can be a challenge for this lengthy and complicated procedure. A veterans disability lawyer can assist you in understanding all of your options and help you get the benefits you deserve.

One of the main reasons people have to submit an claim for disability is because they are not satisfied with their disability rating. In this instance, the lawyer can ensure that the evidence is there to justify a proper rating based on a disabling condition caused or exacerbated by military service.

A veterans disability law firm disability lawyer may be needed by those who have waited too long to get their benefits. The lawyer can help determine what documents are not available, and then submit a request for these records to the VA.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will give you time to concentrate on your health and any other obligations you might have. Some lawyers are veterans and this may result in an innate empathy for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review option that allows an experienced reviewer to analyze the same evidence that was presented in the original claim and make a new determination. The senior reviewer can either affirm or reverse the previous decision to rate.

A veteran or their representative can request an informal conference to discuss the case with the senior reviewer. However, only one conference is permitted. At this meeting it is important to prepare and present your case's facts clearly. An attorney that specializes in the field of veterans disability can assist you prepare for and participate in the informal conference.

The higher-level review is usually used to correct mistakes made by the previous reviewer of the disability claim. For instance, if the earlier reviewer misinterpreted evidence or committed mistakes in the law. Senior reviewers can correct these errors by altering the decision made previously but only if it is in the claimant's best interest.

The higher-level review could lead to a personal hearing for the applicant, which gives them the chance to talk to the person who will be reviewing the claim and present their arguments. A veterans disability lawyer can help determine whether it's required to request a personal hearing, as well as with preparation and presenting evidence during the hearing.

Notice of Disagreement

You may file a complaint within one year of the date the local office sent you the original denial letter. The VA will review the claim once more and draft a Statement of the Case.

If you want to file a dispute to file a dispute, you must use VA Form 21-958. A disability lawyer can help you fill out the form correctly to appeal the decision. You don't have to include every reason why you are not with the decision; however it is better to be specific in order that the VA can understand exactly what you believe to be incorrect. Your attorney can assist you in deciding 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 point, you can have it reviewed by a senior judge through a Higher Level Review. This can take up to 25 months, and you must have an attorney on all the procedure. If the VA rejects your claim, your attorney may request a hearing before a Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has written extensive laws to ensure that veterans are compensated for their ailments, injuries and illnesses incurred during service. The VA is a massive bureaucracy, and it's easy to get lost. A veteran disability lawyer can assist those seeking assistance navigate the system and offer the assistance they need.

The VA must review the case after the veteran has filed an official Notice of Dispute with the local VA office. This includes looking into the regulations, laws and evidence used in making the original decision. This includes reviewing the medical records of the veteran and in the event of a need, lay statements. The VA must provide the applicant with the Statement of Case which contains a list of evidence that it has reviewed.

The declaration should be written in plain English and should explain the reasoning behind the decision, including the interpretation of the laws and regulations affecting the case. It should address all the claims made by the plaintiff in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was sent. Due to the VA backlog, it may take longer for the agency to issue the document. If you're a veteran who is appealing a decision on your rating or claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.