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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 overwhelming. The right attorney for monroe veterans disability lawsuit can guide you from beginning to end.

It's essential to locate a lawyer that limits their practice to disability cases and exclusively handles those cases at all levels of appeal. This ensures that you're receiving the best representation.

Appeals

When the VA refuses to approve a claim or does not accept benefits, it permits the veteran or or spouse who survives to file an appeal. Even the most basic disability claims could make this a complicated and lengthy procedure. An attorney for veterans can assist you in understanding your options and ensure you receive the benefits you deserve.

The most common reason people are required to declare an claim for disability is because they are not happy with their disability ratings. In this instance an attorney can make sure there is enough evidence to support the appropriate rating for a condition that is caused or made worse by military service.

Another reason for people to seek out a Middletown Veterans Disability Attorney disability lawyer is that they have been waiting too long to get their benefits. The lawyer can help determine what documents are missing and Fort Lee Veterans Disability Lawyer then submit an inquiry for these records to the VA.

A veteran disability lawyer can also take away the burden of dealing directly with the VA. This allows you to focus on your health and any other obligations you have. Some lawyers are veterans themselves and this gives them a unique level of empathy with their clients and create a deeper investment in their cases. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decision if they disagree. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to look at the same evidence presented in the original claim, and then make a new decision. The senior reviewer has the option to either reverse or confirm the previous rating.

A veteran or their representative could ask for an informal meeting to discuss the matter with the senior reviewer. However, only one of these conferences is allowed. At this meeting it is important to prepare and present your case facts in a clear way. A veterans disability attorney can help you prepare and take part in the informal conference.

The higher-level review is often used to correct errors made by the previous reviewer of a disability claim. For example in the event that the previous reviewer misinterpreted the evidence or made mistakes in the law. The senior reviewer can alter a prior decision on the same claim to fix these types of mistakes however only if the changes are advantageous to the person filing the claim.

A personal hearing can also be scheduled for the claimant as a result of the review at a higher-level. This is an opportunity for the claimant to meet with the person who will be reviewing their claim and to present their case. A lawyer for veterans disability can help you determine whether or not it's necessary to request a private hearing, and also with making and presenting the evidence during the hearing.

Notice of Disagreement

You may file a dispute within one-year of the date the local office sent you the original denial letter. The VA will review the case again and issue a Statement of Case.

In order to file a disagreement, you should use VA Form 21-958. A disability lawyer can help to fill out the form correctly to appeal the decision. You don't have to list all the reasons you don't agree with the VA's decision but it is advisable to be specific to help the VA determine what you think is wrong. Your attorney can provide guidance on what evidence to submit with the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you have another chance to review it by an experienced reviewer in the form of a Higher-Level review. The process can take between 25 and up to 25 months, and you should be in contact with your lawyer throughout the process. If the VA is unable to resolve your claim, your lawyer could request a hearing to be held before an Veterans Law Judge to present evidence and testimony in person. If your claim is ultimately awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for illnesses, injuries and conditions they've endured during their service. The VA is a large bureaucracy and it's easy to be lost. A veteran disability lawyer can assist applicants navigate the system and provide the needed assistance.

The VA must examine the case after the veteran has filed an official Notice of Dispute with the local VA office. This includes examining the regulations, laws, and evidence used in the original decision. It also includes examining the medical records of the veterans and when necessary lay statements. The VA must provide the claimant with a Statement of the Case which includes a listing of all evidence that it has looked over.

This statement should be in plain language and provide the reasoning behind the decision, as well as the interpretation of the law and regulations which affect the case. It should address the claims that the claimant has made in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was received. However, due to the VA backlog the agency might take longer to issue this document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about the amount of your rating or a claim for benefit.