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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 be overwhelming. A lawyer for veterans can guide you through the procedure.

It's crucial to choose a lawyer who restricts their law practice to disability cases and only handles these cases at all levels of appeal. This ensures that you're receiving the best representation.

Appeals

If the VA denies a claim or does not accept benefits, it permits the veteran or or spouse who survives to file an appeal. This is a lengthy and lengthy procedure that can be complicated even for the most straightforward disability claims. A veteran disability lawyer can assist you in understanding your options and get the benefits you deserve.

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

A veterans disability lawyer may be needed by people who have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing and then submit a request to the VA for the relevant records.

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

Higher-Level Reviews

Since the veterans disability legal Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans disability lawyers with more options if they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that permits senior reviewers to look at the same evidence presented in the original claim and then make a new decision on the case. The senior reviewer can confirm or reverse the previous rating decision.

The person who is the veteran or their representative could request an informal meeting with the senior reviewer to discuss the case, however, only one such meeting is permitted. At this meeting it is essential to prepare and present your case's facts in a clear way. An attorney with expertise in the field of disability for veterans can help you prepare and participate in the informal conference.

Higher-level reviews are often used to correct errors made by the previous reviewer in a disability case that result in misinterpreting evidence or making errors in the law. The senior reviewer may alter an earlier decision on the same claim in order to correct these mistakes however only if those modifications are beneficial for the person filing the claim.

The more extensive review can lead to a personal hearing for the claimant, which is an opportunity to meet with the person who is reviewing the claim and explain the arguments. A veterans disability lawyer can assist in determining whether it's necessary to request a personal hearing, and veterans disability lawyer also with making and presenting the evidence during the hearing.

Notice of Disagreement

You may file a dispute within one year from the day the local office sent you the original denial letter. The VA will review your case again and prepare a Statement of Case.

To file a complaint, you should use VA Form 21-958. A disability lawyer can assist you fill out the form correctly to appeal the decision. You don't need to list every reason that you disagree with the decision; however it is recommended to be specific so that the VA understands what exactly you believe to be wrong. Your attorney can help you on what evidence to submit with the NOD, for example, statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage, you have another chance to review it by an experienced reviewer in form of a Higher-Level Review. This process could take up to about 25 months and you must be with your lawyer throughout the process. If the VA refuses to accept your claim, your lawyer could request that a hearing be held before an Veterans Law Judge to present evidence and testimony in person. If your claim is granted, your lawyer will prepare you for the check.

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. However the VA is a huge bureaucracy and it's easy to get lost in the maze of regulations. A veteran disability lawyer can assist claimants navigate the system and provide the much-needed assistance.

When a veteran files a Notice of Disagreement with his local VA office, the VA must conduct an investigation of the case. This includes reviewing the regulations, veterans disability lawyer laws, and the evidence used to make the initial decision. This includes looking over the medical records of the veteran and, if necessary, lay statements. The VA must provide the claimant with a Statement of Case, which includes a list with evidence that it has examined.

The statement should be in plain language and explain the reasoning behind the decision, as well as the interpretation of the regulations and laws which affect the case. It should address all claims made by the plaintiff in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was submitted. Due to the VA backlog, it may take the agency longer to issue the document. Contact a veterans disability legal disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision about the basis of a rating or a claim for benefit.