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

The process of getting veterans disability benefits can be a challenge. A veteran disability lawyer can help you navigate the procedure.

It's essential to 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.

Appeal

If the VA denies a claim, or does not approve benefits, it gives the veteran or or her surviving spouse to appeal. Even the most basic disability claim can be a challenge for this lengthy and complicated procedure. A veterans disability lawyer can help you understand all your options and obtain the benefits you deserve.

The most common reason people need to file an application for disability benefits is that they are not happy with their disability status. In this instance, attorneys the lawyer can make sure that the evidence is there to support an appropriate rating based on a debilitating condition caused or exacerbated by military service.

A veterans disability lawyer may be needed by those who have not received their benefits. The lawyer can help determine what documents are missing and then submit the request for these documents to the VA.

A veteran disability attorney can also alleviate the burden of dealing with the VA away from you. This will allow you the time to concentrate on your health and any other responsibilities you may have. Some attorneys are veterans themselves and this gives them a unique level of compassion for their clients. They also give them a greater stake in their cases. This can make a major difference in the result of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decision if they disagree. The Higher-Level Review is a decision review option that permits an experienced reviewer to review the same evidence as was presented in the original claim and make an entirely new decision in the case. The senior reviewer can either confirm or reverse the previous rating decision.

A veteran or their representative may request an informal meeting to discuss the case with the senior reviewer. However only one of these conferences is allowed. At this meeting it is important to prepare and present your case's information in a clear manner. A veteran disability attorney can assist you in preparing for and participate in the informal conference.

The higher-level review is often used to correct mistakes made by the previous reviewer of an appeal for disability. For instance, if the earlier reviewer misinterpreted evidence, or made mistakes in the law. The senior reviewer can alter the previous decision made on the same claim to rectify these errors however only if those changes are beneficial to the person filing the claim.

A personal hearing can also be arranged for the applicant as a result of the review at a higher level. This gives the applicant to meet with the person reviewing their claim and to present their case. A veterans disability lawyer can help determine whether or not a personal hearing is needed and prepare and present the evidence at the hearing.

Notice of Disagreement

You can file a disagreement within one year of the date the local office received the original denial letter. The VA will review the claim again and issue a Statement of Case.

To file a disagreement for a disagreement, you should file VA Form 21-958. A disability attorney can help complete this form in a manner that is effective in contesting the decision. You don't have to list all the reasons you do not agree with the VA's decision, however, it is recommended to be specific and help the VA to understand what you believe is wrong. Your attorney can assist you in deciding what evidence to include in the NOD. This could include statements from medical professionals, or results of diagnostic tests.

If your appeal is denied at this point, attorneys you can have it reviewed by a senior judge through a Higher Level Review. The process can take between 25 and 25 months and you should be with your lawyer at all times. If the VA rejects your claim, your attorney may request an appointment with a Veterans Law judge to present evidence and testimony in person. Your attorney will prepare your check should your claim be approved.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans are paid for their injuries, illnesses and other ailments caused by their service. However, the VA is a massive bureaucracy that is easy to be lost within the system. A veteran disability lawyer can help claimants navigate the system and provide the needed assistance.

The VA must examine the case after a veteran has filed an Notice of Dispute at the local VA office. This includes reviewing the laws, regulations, and the evidence used in 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 Case, which includes a list of evidence that it has reviewed.

The declaration should be written in plain language and explain the reasoning of the decision, which should include the interpretation of the law and regulations relevant to the case. It should address all the contentions the claimant raised in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was received. However due to the VA backlog the agency might delay the release of the document. If you're a veteran who is appealing an appeal of a rating decision or claim for benefits, please contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.