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

The process of submitting an application for veterans disability benefits can be overwhelming. A qualified veterans disability lawyer will guide you from start to finish.

It's important to locate a lawyer that limits their law practice to disability cases and only handles those cases at every level of appeal. This will ensure that you get the best representation.

Appeal

When the VA denies a claim, or fails to accept benefits, it permits the veteran or or the spouse who died to appeal. It is a difficult and lengthy process that can be complicated even for the most simple disability claims. A veteran disability lawyer can assist you in understanding the various options available and secure the benefits you deserve.

A common reason for people to declare a disability claim is because they are dissatisfied with their disability status. In this situation an attorney can make sure that there's enough evidence to back the proper rating in light of a condition that was that is caused or worsened by military service.

A veterans disability law firms disability lawyer may be needed by people who have had to wait too long for their benefits. The lawyer can help determine the missing documents and submit a request the VA for those records.

A veterans disability lawyers disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will give you the time to concentrate on your health, as well as any other responsibilities you may have. Some attorneys are veterans themselves which can give them a unique 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 process that allows an experienced reviewer examine the same evidence presented in the original claim and make a fresh decision. The senior reviewer can choose to either confirm or reverse the previous rating.

A veteran or their representative may request an informal meeting to discuss the case with the senior reviewer. However, only one conference is permitted. It is crucial to be prepared and present your case in a concise way at this conference. A veteran disability attorney can assist you in preparing for and take part in the informal conference.

The higher-level review is often used to correct errors made by the previous reviewer of the disability claim. For example an earlier reviewer misinterpreted evidence or made mistakes in the law. Senior reviewers can correct the errors by altering the decision made previously, but only when it is in the claimant's best interest.

The more extensive review can result in a private hearing for the applicant, which gives them the chance to talk to the person who will be reviewing the claim and explain their arguments. A veterans disability lawyer - www.mallangpeach.com - can help determine whether or not it is necessary to request a personal hearing, as well as making and presenting the evidence at the hearing.

Notice of Disagreement

You can file a dispute within one year from the day the local office issued the initial denial letter. The VA will then review your claim again and issue a Statement of Case.

You should utilize 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. You don't have to include every reason that you disagree with the decision; however it is recommended to be specific so that the VA can understand exactly what you believe to be incorrect. Your attorney can assist you in deciding what evidence to include with the NOD. This could include statements from medical professionals, or results from diagnostic tests.

If your appeal is not accepted at this stage, then you can ask to have it reviewed again by a senior reviewer through a Higher Level Review. This could take anywhere from 25 months, and you should have your attorney at all the way. If the VA refuses to accept your claim, your lawyer could request a hearing to be conducted before an Veterans Law Judge to present evidence and testimony in person. Your attorney will prepare your check if your claim is awarded.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for their injuries, illnesses and conditions incurred during service. But, the VA is a huge bureaucracy that is easy to get lost in the maze of regulations. A veteran disability lawyer can assist claimants navigate the system and provide much needed assistance.

If a veteran files a Notice of Disagreement with his or local VA office, the agency must conduct a review of the case. This involves examining the regulations, laws, and the evidence used to make the original decision. This includes looking over the medical records of the veteran as well as when necessary lay statements. The VA must provide the claimant with a Statement of the Case which is a list of all evidence that it has reviewed.

The statement should be written in plain language and explain the reasoning of the decision, which should include the interpretation of the laws and regulations that affect the case. It should address all arguments made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was sent. However due to the VA backlog it could delay the release of the document. If you're a veteran appealing an appeal of a rating decision or claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.