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How a veterans disability lawyer Disability Attorney Can Help You Get the Benefits You Deserve

The process of obtaining veterans disability benefits can be overwhelming. A veteran disability lawyer can help you navigate the procedure.

It's important to choose a lawyer who restricts their law practice to disability cases, and only handles these cases at every stage of appeal. This will ensure you receive the best legal representation.

Appeal

When the VA denies or does not approve a claim, the spouse or the veteran who is surviving may appeal. This is a complex and lengthy process that can be complicated, even for the most straightforward disability claims. A veterans disability lawyer can help you understand the various options available and help you get the benefits you deserve.

The most common reason people declare a disability claim is that they are unhappy with their disability rating. In this instance, a lawyer can make sure that there is sufficient evidence to back the appropriate rating in light of a condition that was caused or made worse by military service.

A veterans disability compensation disability lawyer may be needed by people who have not received their benefits. The lawyer can help determine what documents are missing, and then submit an application for these records to the VA.

A veterans disability attorney can also take the burden of dealing with the VA away from your shoulders. This will allow you to focus on your health and other obligations that you may have. Some lawyers are veterans themselves which can give them a unique level of compassion for their clients. They also give them a greater stake in their cases. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

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

The veteran or their representative can request a meeting with the senior Veterans disability law 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 time. A Veterans Disability Law disability attorney can help you prepare for and participate in the informal conference.

Higher-level reviews are often utilized to correct errors made by the previous reviewer in a disability claim that result in not interpreting evidence correctly or making mistakes in the law. The senior reviewer is able to alter the previous decision made on the same claim in order to correct these mistakes however only if those changes are beneficial to the applicant.

The higher-level review can also result in a private hearing for the claimant, which is an opportunity to talk to the person reviewing the claim, and explain the arguments. A veteran disability lawyer can assist in determining whether the need for a personal hearing is justified and also prepare and present evidence for the hearing.

Notice of Disagreement

You can file a dispute within one year from the date the local office sent you the initial denial letter. The VA will review the claim again and create an Statement of Case.

You must make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can help complete this form in a way that is effective in appealing the decision. It is not necessary to list every reason that you disagree with the decision. However, it is better to be specific so that the VA understands what exactly you believe to be incorrect. Your attorney can advise you on what evidence to submit in the NOD such as statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this point You have a second chance to review it by a senior reviewer in the form of a Higher-Level review. This could take anywhere from 25 months, and you should have an attorney on your side every step of the way. If the VA rejects your claim, your attorney may request an appointment with an veterans disability legal Law judge to present testimony and other evidence in person. If your claim is ultimately granted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed many laws to ensure that veterans receive compensation for injuries, illnesses and ailments they've experienced during their time of service. But, the VA is a massive bureaucracy, and it's easy to get lost in the system. A veteran disability lawyer can help navigate the process and offer much-needed assistance to applicants.

The VA must review the case after a veteran has filed an Notice of Dispute at the local VA office. This includes looking into the regulations, laws, and the evidence used in the initial decision. It also involves examining the medical records of the veterans and, if needed, lay statements. The VA must provide the claimant with a Statement of Case, which includes a list of evidence that it has reviewed.

This statement should describe in plain language the reasoning behind its decision, and how it decided to interpret the laws and regulations that affected the case. It should address all claims made by the plaintiff in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days from the date that the NOD was filed. Due to the VA backlog it may take the agency longer to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision about a rating or a claim for benefit.