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

The process of obtaining veterans disability law firm disability benefits can be overwhelming. A lawyer who is a veterans disability attorney can guide you through the procedure.

It's important to choose a lawyer who restricts their practice to disabilities and only handles those cases at every stage of appeal. This will ensure you receive the most effective representation.

Appeal

If the VA rejects a claim or fails to approve benefits, it allows the veteran or his or spouse who survives to appeal. This is a complicated and lengthy process that could be complicated even for the most simple disability claims. A veteran's disability attorney can help you understand your options and obtain the benefits you deserve.

One common reason that people declare an claim for disability is because they are not content with their disability status. In this instance an attorney can make sure there is enough evidence to back a rating that is appropriate based on a condition that is caused or worsened by military service.

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

A veteran disability lawyer can also ease the burden of dealing directly with the VA. This will allow you to concentrate on your health and any other responsibilities that you may have. Some lawyers are veterans and this can create an unmatched compassion for their clients. This can make a big difference in the result of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) Veterans have more options when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that allows an experienced reviewer examine the same evidence that was presented in the original claim and make a fresh determination. The senior reviewer has the choice to either reverse or confirm the previous rating.

A veteran or their representative can ask for an informal meeting to discuss the matter with the senior reviewer. However, only one of these conferences is permitted. For this meeting it is important to prepare and present your case's information in a clear manner. An attorney who is specialized in veterans disability can help you prepare and participate at the informal conference.

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

A hearing at a personal level can be arranged for the claimant in the wake of the review at a higher-level. This provides the applicant to meet with the person who is reviewing their case and discuss their arguments. A lawyer for veterans disability can assist in determining whether it is required to request a personal hearing, and also with creating and presenting evidence during the hearing.

Notice of Disagreement

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

To file a complaint to file a dispute, you must use VA Form 21-958. A disability lawyer can help you complete this form correctly to appeal the decision. You don't have to list every reason you don't agree with the VA's decision, but it is best to be specific in order to assist the VA to understand what you believe is wrong. Your attorney can advise you on the kind of evidence to include with the NOD, including statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you have another chance to be reviewed by an experienced reviewer in the form of a Higher-Level review. This could take anywhere from 25 months, and you must have your attorney at all the procedure. If the VA denies your claim, your lawyer may request a hearing before a Veterans Law judge to present testimony and other evidence in person. Your lawyer will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for illnesses, injuries and conditions they have suffered during their service. But the VA is a huge bureaucracy that is easy to get lost in the system. A veteran disability lawyer can guide you through the process and provide much-needed assistance to those seeking assistance.

Once a veteran has filed a Notice of Disagreement to his or her local VA office, the VA must conduct an examination of the case. This includes looking into the regulations, laws and the evidence used to make the original decision. It also involves examining the veteran's medical records and, if needed lay statements. The VA must provide the claimant with an official statement of case that includes a list of evidence it has analyzed.

This statement should explain in clear language the reasoning behind the decision, and how it determined the law and regulations that impacted 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 when the NOD was submitted. However, due to the VA backlog, the agency may take longer to issue this document. If you're a veteran seeking to appeal a decision on your rating or claim for benefits, get in touch with a veteran disability lawyer from Fusco, Brandenstein & Rada, P.C.