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

The process of getting veterans disability benefits can be overwhelming. The right veterans disability attorney will guide you from beginning to end.

It's essential to find a lawyer who limits their law practice to disability cases and only handles these cases at each level of appeal. This ensures you're receiving the best legal representation.

Appeal

If the VA refuses to approve a claim or fails to accept benefits, it permits the veteran, or his or spouse who survives to file an appeal. This is a lengthy and time-consuming process that can be complicated, even for the simplest disability claims. A veterans disability lawyer can help you understand the various options available and help you get the benefits you deserve.

A common reason people declare a disability claim is that they are unhappy with their disability rating. In this instance, a lawyer can make sure that there is enough evidence to support the proper rating due to a condition caused or made worse by military service.

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

A veterans disability lawyer can also relieve you of the burden of dealing directly with the VA. This will allow you the time to focus on your health and any other obligations you might have. Some attorneys are veterans themselves and this gives them a unique empathy with their clients and create a deeper investment in their cases. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

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

A veteran or their representative could arrange for an informal conference to discuss the matter with the senior reviewer. However only one of these conferences is permitted. At this conference it is essential to prepare and present your case's details in a clear way. An attorney with expertise in the field of disability for veterans can help you prepare and participate in the informal conference.

The higher-level review is often used to correct errors made by the previous reviewer of the disability claim. For Veterans Disability instance when the previous reviewer misinterpreted evidence, or made mistakes in the law. The senior reviewer can alter an earlier decision on the same claim to correct these errors, but only if those changes are beneficial to the applicant.

The higher-level review can also result in a personal hearing for the applicant, which gives them the chance to connect with the person reviewing the claim and explain their arguments. A veterans disability lawsuit disability lawyer can help determine whether a personal hearing is required, as well as prepare and present the evidence for the hearing.

Notice of Disagreement

After the VA has examined your claim and reached an assessment, you may file a notice of disagreement within one year from the date when the local office mails you the original denial letter. The VA will review your claim once more and draft an official statement of the case.

You should use VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help complete this form correctly so that it is effective in contesting the decision. You do not have to list all the reasons you disagree with the VA's decision, but it is important to be specific and help the VA understand what you think is wrong. Your attorney can provide guidance on the kind of evidence to include with the NOD, like statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this stage If you are denied, you can try again to have it reviewed by an experienced reviewer in form of A Higher-Level Review. This could take anywhere from 25 months, and you must have your attorney at your side every step of the way. If the VA still denies your claim, your lawyer could request that a hearing be conducted before an Veterans Law Judge to present testimony and additional evidence in person. Your attorney will prepare your check if your claim is awarded.

Statement of the Case

Congress has passed a number of laws to ensure veterans receive compensation for illnesses, injuries, and conditions they have suffered during their time of service. The VA is a big bureaucracy and it's not difficult to become lost. A veteran disability lawyer can help applicants navigate the system and offer the assistance they need.

Once a veteran has filed a Notice of Disagreement with his her local VA office, the agency must conduct a review of the case. This includes reviewing the laws, regulations, and the evidence used to make the original decision. This includes looking over the veteran's medical record and at times lay statements. The VA must provide the applicant with a Statement of Case, that includes a list of evidence that it has examined.

The statement should state in a clear manner the reasoning behind the decision, and how it interpreted the laws and regulations that affected 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 on which the NOD was sent. However due to the VA backlog, the agency may delay the release of the document. If you are a veteran appealing an appeal of a rating decision or claim for benefits, contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.