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

The process of applying for veterans disability benefits can be overwhelming. A good veterans disability attorney can assist you from beginning to end.

It's important that you locate an attorney who practices disability law and handles cases of this nature at all levels of appeal. This ensures you're getting the best representation.

Appeal

When the VA rejects a claim or does not allow benefits to be approved, it allows the veteran, or his or the spouse who died to appeal. This is a complex and lengthy process that could be complicated, even for the most simple disability claims. An attorney for veterans can help you understand your options and obtain the benefits you deserve.

The most common reason people submit a disability claim is because they are not happy with the disability rating they have received. In this instance, the lawyer can make sure that the evidence is in place to support a valid rating based on a disabling condition caused or exacerbated by military service.

Another reason for people to seek out a veterans disability lawyer is because they've been waiting too long for benefits. The lawyer can help determine what documents are missing, and then make an inquiry for these records to the VA.

A lawyer for circleville veterans disability lawsuit will also help you get rid of the burden of dealing directly with the VA. This will give you time to focus on your health and any other obligations you have. Certain attorneys are cleveland jefferson city veterans disability law firm disability lawsuit (vimeo.com) and this can create an exceptional compassion for their clients. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer examine the same evidence that was presented in the original claim and make a fresh decision. The senior reviewer has the option 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, however, only one such meeting is permitted. At this conference it is essential to prepare and present your case's details in a clear manner. An attorney that specializes in veterans disability can help you prepare and participate at the informal conference.

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

A personal hearing may be arranged for the claimant as a result of the higher-level review. This provides the applicant to meet with the person who is reviewing their claim and discuss their arguments. A veterans disability lawyer can assist in determining whether a personal hearing is required, as well as prepare and present evidence for the hearing.

Notice of Disagreement

After the VA has assessed your claim and issued a decision, you are able to file a written notice of disagreement within one year of the date when the local office sends you the original denial notice. The VA will review your case once more and pipewiki.org draft an official statement of the case.

In order to file a disagreement for a disagreement, you should file VA Form 21-958. A disability lawyer can help complete this form correctly so that it is effective in appealing the decision. You don't have to list every reason you don't agree with the decision. However it is better to be specific in order that the VA knows exactly what you believe is incorrect. Your attorney can help you on the kind of evidence to include along with the NOD, such as statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this stage, you have another chance to be reviewed by a senior 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 can request a hearing to be held before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is granted, your lawyer will prepare you for your check.

Statement of the Case

Congress has passed many laws to ensure veterans receive compensation for injuries, illnesses and conditions they've endured during their service. But, the VA is a huge bureaucracy, and it's easy to be lost within the system. A veteran disability lawyer can guide you through the process and provide much-needed assistance to those who are seeking benefits.

The VA must examine the case after a veteran has filed the Notice of Dispute to the local VA office. This includes looking at the regulations, laws and the evidence used to make the initial decision. It also involves examining the medical records of the veteran and when necessary, lay statements. The VA must provide the claimant with a Statement of Case which is a list of all evidence it has examined.

The statement should be in plain English and should explain the reasoning behind the decision, including the interpretation of the law and regulations relevant to the case. It should address any claims that the claimant has made in the NOD.

The Statement of the Case is usually sent to the veteran within 120 days of the date that the NOD was filed. However, due to the VA backlog it could take longer to mail this document. If you are a veteran appealing the decision of a rating agency or a claim for benefits, you should contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.