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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 a challenge. A qualified veterans disability lawyer can help you navigate it from start to finish.

It is essential to find an attorney that only handles disability law and cases of this nature at all levels of appeal. This will ensure that you're receiving the best legal representation.

Appeal

If the VA rejects or doesn't consider a claim, the veteran or the surviving spouse can appeal. Even the most basic disability claims could make it difficult to navigate this complicated and time-consuming procedure. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.

A common reason why people submit a claim for disability is that they are not satisfied with their disability status. In this situation, the lawyer can make sure that the evidence is sufficient to justify a proper rating based on a disability condition caused or exacerbated by military service.

Another common reason for people to require a veterans disability lawyer is because they've been waiting too long for benefits. The lawyer can assist in determining the missing documents and submit a request to the VA for the relevant records.

The help of a veterans disability (links.musicnotch.com) attorney can also help you deal with the VA away from you. This allows you to focus on your health and other obligations that you may have. Certain attorneys are veterans and this can create a unique 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) provides veterans disability law firms with more options to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to look at the same evidence that was presented in the original claim, and make a fresh decision. The senior reviewer can choose to either confirm or reverse the previous rating.

The veteran or their representative may request an informal meeting with the senior reviewer to discuss the case, however, only one such meeting is allowed. It is important to be prepared and explain the facts of your case in a concise manner at this time. An attorney with expertise in veterans ' disability can help you prepare and participate in the informal conference.

The higher-level review is usually used to correct mistakes made by the previous reviewer of the disability claim. For instance an earlier reviewer misinterpreted evidence, or made mistakes in the law. The senior reviewer is able to alter an earlier decision regarding the same claim in order to correct these mistakes but only if the changes are beneficial to the claimant.

The higher-level review can also lead to a personal hearing for the claimant which gives the claimant an opportunity to speak with the person who is reviewing the claim and explain the arguments. A veterans disability lawyer can help determine whether or veterans disability not a personal hearing is required, as well as prepare and present the evidence for the hearing.

Notice of Disagreement

Once the VA has reviewed your claim and made a decision, you can file a notice of disagreement within one year of the date on which the local office gives you the initial denial letter. The VA will review the case again and Veterans Disability issue a Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you complete the form in a manner that is effective in appealing the decision. You don't need to list every reason that you disagree 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 decide what evidence to include in the NOD. This could be statements from medical professionals, or results of diagnostic tests.

If your appeal is not accepted at this point, you can request that it be reviewed by a senior reviewer through an Higher Level Review. This could take anywhere from 25 months, and you should have your attorney by your side throughout the procedure. If the VA continues to deny your claim, your lawyer could request that a hearing be held before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a variety of laws to ensure veterans receive compensation for injuries, illnesses and conditions they have suffered during their time of service. But, the VA is a huge bureaucracy and it's easy to become lost in the system. A veteran disability lawyer can assist claimants navigate the system and offer much needed assistance.

Once a veteran has filed a Notice of Disagreement to his or local VA office, the agency must conduct an examination of the case. This includes looking at the regulations, laws and evidence used to reach the initial decision. This includes looking over the medical records of the veteran and at times lay statements. The VA must provide the claimant with an Statement of Case which contains a list of evidence that it has examined.

This statement should be in plain language and explain the reasoning behind the decision, including the interpretation of the law and regulations relevant to the case. It should address all contentions the claimant raised in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was received. Due to the VA backlog, it could take longer for the agency to issue the document. If you are a veteran attempting to appeal a decision on your rating or claim for benefits, you should contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.