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

The process of obtaining veterans disability benefits can be a challenge. A lawyer for veterans can help you navigate the process.

It's essential to find an attorney who only practices disability law and handles cases of this nature at all levels of appeal. This will ensure that you get the best representation.

Appeal

If the VA refuses to approve a claim or fails to accept benefits, it permits the veteran or his the spouse who died to appeal. Even the most basic disability claims could be a challenge for this lengthy and complicated procedure. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.

One common reason that people are required to submit an application for disability benefits is that they are unhappy with the disability rating they have received. In this situation a lawyer can be sure there is enough evidence to support a rating that is appropriate for a condition that is that is caused or worsened by military service.

Another reason that people tend to require a veterans disability lawyer is that they have been waiting for too long to receive benefits. The lawyer can assist in determining what documents are missing and can then make a request to the VA for those records.

A lawyer for veterans can also ease the burden of dealing directly with the VA. This gives you the time to focus on your health and any other obligations you have. Certain attorneys are veterans themselves and this can provide them a unique empathy for their clients and create a deeper investment in their cases. This can make a major difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to examine the same evidence as in the original claim, and make a fresh determination. The senior reviewer is able to confirm or Veterans Disability reverse the previous rating decision.

A veteran or their representative may request an informal conference to discuss the matter with the senior reviewer. However only one of these conferences is permitted. It is crucial to be prepared and explain the facts of your case in a clear way at this conference. An attorney who specializes in the field of veterans disability can assist you prepare and participate at the informal conference.

Higher-level reviews are typically used to correct errors made by the previous reviewer in a disability case which could include not interpreting evidence correctly or making mistakes in the law. Senior reviewers are able to correct these mistakes by changing the previous decision however only if it is in the best interest of the claimant.

The higher-level review can also result in a private hearing for the claimant, which is an opportunity to speak with the person who will be reviewing the claim, and explain the arguments. A veterans disability attorney can help determine whether or not the need for a personal hearing is justified and can also prepare and present the evidence during the hearing.

Notice of Disagreement

You can file a disagreement within one year from the day the local office sent you the initial denial letter. The VA will review the claim again and Veterans disability create an Statement of Case.

If you want to file a dispute to file a dispute, you must use VA Form 21-958. A disability attorney can assist you complete the form correctly so that it is effective in appealing the decision. You do not have to list all the reasons you do not agree with the VA's decision, but it is advisable to be specific and help the VA determine what you think is wrong. Your attorney can assist you in deciding what evidence to include with the NOD. This could be statements from medical professionals or results from diagnostic tests.

If your appeal is rejected at this point, you can request that it be reviewed by a senior reviewer through a Higher Level Review. The process can take between 25 and 25 months and you should be in contact with your attorney at every step. If the VA is unable to resolve your claim, your lawyer may request a hearing to be held before a Veterans Law Judge to present evidence and testimony in person. If your claim is awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has written extensive laws to ensure that veterans are compensated for injuries, illnesses, and other conditions caused by their service. However, the VA is a massive bureaucracy and it is easy to become lost in the system. A veteran disability attorney can assist in navigating the process and provide crucial assistance to those who are seeking benefits.

Once a veteran files a Notice of Disagreement to his or local VA office, the agency must conduct an investigation of the case. This includes looking at the regulations, laws and evidence used to make the initial decision. This includes looking over the medical record of the veteran as well as at times lay statements. The VA must provide the claimant with a Statement of the Case, which contains a list of all evidence that it has looked over.

This statement should be in plain language and explain the reasoning behind the decision, as well as the interpretation of the regulations and laws which affect the case. It should address any claims made by the plaintiff in the NOD.

The Statement of the Case is usually sent to the veteran within 120 days of when the NOD was filed. Due to the VA backlog it may take the agency longer to issue the document. If you're a veteran attempting to appeal the decision of a rating agency or a claim for benefits, contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.