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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 good veterans disability attorney can help you navigate it from beginning to end.

It's important that you choose an attorney who is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure that you get the best legal representation.

Appeal

When the VA denies a claim or does not accept benefits, it permits the veteran or his the spouse who died to appeal. This is a complicated and lengthy procedure that can be complicated even by the most straightforward disability claims. A veterans disability lawyer can assist you in understanding the options available to you and get the benefits you deserve.

A common reason for people to make a claim for disability is because they are dissatisfied with their disability rating. In this case, a lawyer can ensure that the evidence is in place to justify a proper rating based on a debilitating condition caused or exacerbated by military service.

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

Having a veterans disability lawsuit (a cool way to improve) disability attorney can also alleviate the burden of dealing with the VA away from your shoulders. This allows you to concentrate on your health and other obligations you might have. Some attorneys are veterans themselves and this gives them a unique form of empathy for their clients and make them more invested in their cases. This can make a major 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 if they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that permits the senior reviewer to look at the same evidence as was presented in the original claim, and then make an entirely new decision in the case. The senior reviewer can choose to either affirm or reverse the previous rating.

The veteran or their representative may ask for an informal conference with the senior reviewer to discuss the case, but only one such conference is allowed. At this conference it is important to prepare and present your case's information clearly. An attorney who specializes in veterans disability claim disability can help you prepare and participate at the informal conference.

Higher-level reviews are typically used to correct mistakes by the reviewer who was earlier in an appeal for disability, such as mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct these errors by reversing a previous decision however only if it is beneficial to the claimant's interests.

A personal hearing may be scheduled for the claimant as a result of the review at a higher-level. This gives those seeking to be heard by the person who is reviewing their claim and explain the arguments. A veteran disability lawyer can help decide whether a personal hearing is required, as well as prepare and present the evidence during the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you are able to submit a notice of disagreement within one year of the date that the local office mails you its original denial letter. The VA will review the case again and prepare a Statement of Case.

If you want to file a dispute, you should use VA Form 21-958. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. You don't have to include every reason you don't agree with the decision. However it is best to be specific so that the VA knows exactly what you believe to be incorrect. Your attorney can help you determine which evidence to include in the NOD. This could be statements from medical professionals, or results of diagnostic tests.

If your appeal is denied at this stage, then you can request that it be reviewed by a senior reviewer through an Higher Level Review. This process could take as long as about 25 months and you must be with your lawyer throughout the process. If the VA refuses to accept your claim, your lawyer may request that a hearing be held before a Veterans Law Judge to present evidence and testimony in person. If your claim is awarded, 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 injuries, illnesses and conditions suffered during service. The VA is a big bureaucracy and it's easy to become lost. A veteran disability lawyer can help people navigate the system and Veterans Disability lawsuit provide the much-needed assistance.

The VA must review the case after a veteran has filed an official Notice of Dispute with the local VA office. This includes looking at the regulations, laws and the evidence used to make the original decision. This also includes looking at the veteran's medical records and in the event of a need, lay statements. The VA must provide the claimant with a Statement of the Case, which contains a list of all evidence it looked over.

This statement should explain in clear language the reasoning behind the decision, including how it decided to interpret the laws and Veterans disability lawsuit regulations that affected the case. It should address all the 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 filed. However due to the VA backlog, the agency may delay the release of the document. If you are a veteran seeking to appeal the decision of a rating agency or a claim for benefits, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.