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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. A lawyer who is a veterans disability attorney can guide you through the process.

It's essential to find an attorney that only has experience in disability law and who handles cases of this nature at all levels of appeal. This ensures you're getting the best representation.

Appeals

When the VA decides to deny or not accept a claim, the veteran or the surviving spouse may appeal. This is a complex and lengthy process that could be complicated even with the most simple disability claims. A veteran disability lawyer can help you understand the options available to you and get the benefits you deserve.

A common reason people make a claim for disability is that they are unhappy with their disability rating. In this case an attorney can make sure that there's enough evidence to justify the proper rating due to a condition that is caused or worsened by military service.

A lawyer for veterans may be needed by people who have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing, and then make the request for these documents to the VA.

Having a veterans disability lawyer can relieve the burden of dealing with the VA away from your shoulders. This will give you time to focus on your health, and any other responsibilities you may have. Certain attorneys are veterans which can give them an exceptional compassion for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), veterans have more options if they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows a senior reviewer to review the same evidence as was presented in the original claim and make an additional decision regarding the case. The senior reviewer can confirm or reverse the previous rating decision.

A veteran or their representative may ask for an informal meeting to discuss the case with the senior reviewer. However, only one conference is permitted. It is essential to be prepared and explain your case in a concise manner at this meeting. An attorney that specializes in veterans ' disability can help you prepare and participate in the informal conference.

Higher-level reviews can be used to correct errors made by the previous reviewer on an appeal for disability, such as not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these errors by changing the previous decision but only if it is in the best interest of the claimant.

A personal hearing could be arranged for the claimant as a result of the review at a higher-level. This is a chance for the claimant to meet the person who is reviewing their case and to present their case. A veteran disability lawyer can assist in determining whether or not the need for a personal hearing is justified and can also prepare and present the evidence at the hearing.

Notice of Disagreement

After the VA has looked over your claim and come to an assessment, you may file a notice of disagreement within one year from the date on which the local office gives you the original denial notice. The VA will review the claim once more and draft a Statement of the Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out the form correctly to appeal 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 understands what exactly you believe to be incorrect. Your attorney can help you determine the evidence you should include in the NOD. This could be statements from medical professionals, veterans disability or results from diagnostic tests.

If your appeal is not granted at this point, you have another chance to be reviewed by an experienced reviewer in form of A Higher-Level Review. This could take up to 25 months, [empty] and you must have an attorney on with you every step of the way. If the VA denies your claim your attorney may request an appearance before a Veterans Law judge to present testimony and other evidence in person. Your lawyer will draft your check in the event that your claim is approved.

Statement of the Case

Congress has passed many laws to ensure that veterans receive compensation for injuries, illnesses and other ailments they've suffered during their service. But the VA is a huge bureaucracy and it is easy to become 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 files a Notice of Disagreement with his or local VA office, the agency must conduct an investigation of the case. This involves examining the laws, regulations, and the evidence used to make the original decision. This includes reviewing the medical records of the veteran and in the event of a need lay statements. The VA must provide the claimant with a Statement of the Case, which contains a list of all evidence it has examined.

The statement should be simple and clear, and also explain the reasoning behind the decision, including the interpretation of the law and regulations affecting the case. It should address the allegations raised by the claimant 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. Due to the VA backlog, it might take the agency longer to issue the statement. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is appealing a decision on an assessment or claim for benefit.