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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 overwhelming. The right veterans disability attorney can help you navigate it from start to finish.

It's crucial to find a lawyer who limits their practice to disabilities and only handles these cases at all levels of appeal. This will ensure that you're receiving the best legal representation.

Appeal

When the VA rejects a claim or does not approve benefits, it gives the veteran or or spouse who survives to appeal. This is a complicated and lengthy procedure that can be complicated even for the most simple disability claims. A veterans disability attorney can assist you in understanding your options and get the benefits you deserve.

A common reason for people to file a claim for disability is that they are unhappy with their disability rating. In this case, a lawyer can make sure that there's enough evidence to support the appropriate rating in light of a condition that was caused or made worse by military service.

Another reason that people tend to seek out a veterans disability lawyer is because they've been waiting too long to get their benefits. The lawyer can help determine what documents are missing and submit a request to the VA for those records.

A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will give you time to focus on your health and any other obligations you have. Some lawyers are veterans, and this can create a unique 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) Veterans have more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows an experienced reviewer to review the same evidence that was presented in the original claim and make a new decision on the case. The senior reviewer has the option 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 such meeting is allowed. In this meeting it is essential to prepare and present your case's details in a clear way. A veterans disability attorney can help you prepare for and take part in the informal conference.

Higher-level reviews are often used to correct mistakes made by the reviewer who was earlier in the case of a disability claim that result in not interpreting evidence correctly or making mistakes in the law. The senior reviewer may alter the previous decision made on the same claim in order to correct these kinds of errors but only if the changes are beneficial to the applicant.

A personal hearing could be scheduled for the claimant in the wake of the review at a higher level. This is an opportunity for the applicant to meet with the person who is reviewing their claim and discuss their arguments. A veteran disability lawyer can help decide whether a personal hearing is required, as well as prepare and present evidence during the hearing.

Notice of Disagreement

Once the VA has reviewed your claim and made a decision, you are able to submit a notice of disagreement within one year of the date on which the local office has sent you the original denial notice. The VA will review the claim again and prepare a Statement of the Case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can help complete this form in a manner that is effective in appealing the decision. You do not have to list every reason you disagree with the VA's decision, however, it is recommended to be specific in order to assist the VA to understand what you believe is wrong. Your attorney can help you decide what evidence to include in the NOD. These could be statements from medical professionals, or the results of diagnostic tests.

If your appeal is denied at this stage, then you can request that it be reviewed again by a senior reviewer through an Higher Level Review. The process can take between 25 and approximately 25 months. You should be in contact with your lawyer throughout the process. If the VA denies your claim, your lawyer can request an appointment with an Veterans Law judge to present testimony and other evidence in person. If your claim is granted, your lawyer will prepare you for your check.

Statement of the Case

Congress has passed a number of laws to ensure veterans receive compensation for illnesses, injuries, and ailments they've experienced during their time of service. The VA is a big bureaucracy and it's easy for people to become lost. A veteran disability lawyer can help you navigate the process and provide much-needed assistance to those who are seeking benefits.

Once a veteran files a Notice of Disagreement to his or her local VA office, the VA must conduct a review of the case. This involves examining the laws, regulations and the evidence used to make the original decision. Also, it involves looking over the veteran's medical records and when necessary lay statements. The VA must provide the applicant with an Statement of Case which contains a list of evidence it has analyzed.

This statement should describe in clear language the reasoning behind the decision, including how it interpreted the laws and regulations that impacted the case. It should address the allegations made by the plaintiff in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was filed. However due to the VA backlog, the agency may take longer to mail the document. If you're a veteran appealing an appeal of a rating decision or claim for benefits, get in touch with a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.