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

The process of submitting an application for cottage grove veterans disability lawyer disability benefits can seem overwhelming. The right veterans disability attorney can assist you from beginning to end.

It's important that you choose an attorney who has experience in disability law and who handles cases of this nature at all levels of appeal. This will ensure you receive the most effective representation.

Appeals

If the VA refuses or fails to approve a claim, the spouse or the veteran who is surviving can file an appeal. Even the most basic disability claims could make this a complicated and lengthy procedure. A veteran's disability attorney can help you understand your options and help you get the benefits you deserve.

One of the main reasons people have to file a disability claim is because they are not satisfied with the disability rating they have received. In this instance, the lawyer can make sure that all the evidence is in place to justify a proper rating based on a disability condition caused by or aggravated by military service.

A veterans disability lawyer could be needed by people who have had to wait too long for their benefits. The lawyer can help determine what documents are missing, and then submit the request for these documents to the VA.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This allows you to concentrate on your health and other obligations that you may have. Some lawyers are veterans themselves and this can provide them a unique form of compassion for their clients and give them a greater stake in their cases. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans can appeal VA decision if they disagree. The Higher-Level Review option is a decision-review option that allows an experienced reviewer to examine the same evidence as in the original claim, and make a new determination. The senior reviewer has the choice to either confirm or reverse the previous rating.

The veteran or their representative may request a meeting with the senior reviewer to discuss the case, however, only one such meeting is permitted. It is important to be prepared and be able to present your case in a concise manner at this meeting. A lawyer for veterans may help you prepare and participate in the informal conference.

The higher-level reviews are typically used to correct mistakes made by the previous reviewer of an appeal for disability. For instance in the event that the previous reviewer misinterpreted evidence or committed mistakes in the law. Senior reviewers can correct these mistakes by changing the previous decision however only when it is in the claimant's best interest.

The more extensive review can result in a personal hearing for the applicant, which gives them the chance to talk to the person reviewing the claim and present the arguments. A veteran disability lawyer can help determine whether or not an individual hearing is necessary and also prepare and present 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 on which the local office gives you the original denial notice. The VA will then review your claim once more and draft a Statement of the Case.

You should utilize 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 all the reasons you disagree with the VA's decision but it is advisable to be specific to help the VA to understand what you believe is wrong. Your attorney can help you about the type of evidence you can submit with the NOD, for example, statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this stage, then you can have it re-examined by a senior judge through a Higher Level Review. This process could take up to up to 25 months, and you should be with your lawyer at all times. If the VA refuses to accept your claim, your lawyer can request that a hearing be conducted before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for injuries, illnesses and other ailments suffered during service. The VA is a massive bureaucracy and it's not difficult to become lost. A veteran disability attorney can guide you through the process and provide much-needed assistance for claimants.

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 laws, regulations and evidence used to reach the initial decision. This also includes looking at the medical records of the veteran as well as when necessary, lay statements. The VA must provide the applicant with an official statement of case that includes a list of evidence that it has reviewed.

The statement should be in plain language and explain the reasoning behind the decision, including the interpretation of the laws and regulations which affect the case. It should address any claims made by the plaintiff in the NOD.

The Statement of the Case is typically sent to the veteran within 120 days of the date that the NOD was filed. Due to the VA backlog, it could take the agency longer to issue the document. If you're a veteran seeking to appeal the decision of a rating agency or a claim for benefits, get in touch with a lawyer for wentzville veterans disability Attorney (vimeo.com) disability from Fusco, Brandenstein & Rada, P.C.