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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 veteran disability lawyer can guide you through the procedure.

It is essential to choose an attorney who practices disability law and handles cases of this nature at all levels of appeal. This ensures you're getting the best representation.

Appeals

When the VA rejects or doesn't approve a claim, the spouse of the deceased or veteran can file an appeal. This is a lengthy and time-consuming process that can be complicated even by the most basic disability claims. A veteran disability lawyer can assist you in understanding all of your options and get the benefits you deserve.

The most common reason for people to declare a disability claim is because they are dissatisfied with their disability rating. In this instance a lawyer can be sure that there's enough evidence to support an appropriate rating due to a condition that is caused or worsened by military service.

A veteran disability lawyer might be required by those who have been waiting too long to receive their benefits. The lawyer can help determine the missing documents, and then make an inquiry for these records to the VA.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will let you concentrate on your health and other obligations you might have. Some lawyers are veterans disability case 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 decision if they disagree. The Higher-Level Review is a decision review option that permits an experienced reviewer to review the same evidence that was presented in the original claim and make an additional decision on the case. The senior reviewer is able to confirm or reverse the previous decision to rate.

A veteran or their representative may arrange for veterans disability lawyer an informal conference to discuss the case with the senior reviewer. However, only one conference is permitted. For this meeting, it is important to prepare and present your case's information in a clear manner. An attorney that specializes in veterans ' disability can help you prepare and participate in the informal conference.

Higher-level reviews are typically used to correct mistakes by the previous reviewer in a disability case that result in misinterpreting evidence or making errors in the law. The senior reviewer is able to alter the previous decision made on the same claim to fix these types of mistakes, but only if those changes are beneficial to the person filing the claim.

A personal hearing could be arranged for the claimant as a result of the higher-level review. This is an opportunity for the claimant to meet with the person who is reviewing their claim and present their arguments. A veterans disability lawyer (This Resource site) can assist in determining whether it is required to request a personal hearing, as well as making and presenting the evidence at the hearing.

Notice of Disagreement

After the VA has looked over your claim and come to a decision, you can file a notice of disagreement within one year from the date the local office gives you the initial denial letter. The VA will review your claim once more and draft a Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist to fill out the form correctly to appeal the decision. You don't have to list every reason you disagree with the VA's decision but it is important to be specific in order to help the VA understand what you think is wrong. Your attorney can help you on what evidence to submit in the NOD such as statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point If you are denied, you can try again to get it reviewed by a senior reviewer in form of a Higher-Level review. This process could take up to 25 months and you should be in contact with your lawyer throughout the process. If the VA still denies your claim, your lawyer may request that a hearing be conducted before an veterans disability settlement Law Judge to present evidence and testimony in person. If your claim is granted, your attorney will prepare you for the check.

Statement of the Case

Congress has written extensive laws to make sure that veterans are compensated for ailments, injuries and illnesses caused by their service. However, the VA is a massive bureaucracy that is easy to get lost in the system. A veteran disability lawyer can help applicants navigate the system and provide the assistance they need.

The VA must review the case after the veteran has filed a Notice of Dispute with the local VA office. This involves examining the laws, regulations and the evidence used to make the initial decision. This also includes looking at the veteran's medical records and when necessary lay statements. The VA must provide the claimant with an official statement of the case, which contains a list of all evidence that it has looked over.

The statement should state in a clear manner the reasoning behind its decision, including how it decided to interpret the laws and regulations that impacted the case. It should address the allegations made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was sent. However, due to the VA backlog it could delay the release of the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision about the amount of your rating or a claim for benefits.