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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. The right attorney for veterans can guide you from start to finish.

It is essential to find an attorney who only is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure you receive the best representation.

Appeals

If the VA refuses to approve a claim or fails to approve benefits, it allows the veteran or his spouse who survives to file an appeal. This is a complex and time-consuming process that can be complicated even by the simplest disability claims. A veterans disability lawyer can help you understand all your options and obtain the benefits you deserve.

The most common reason people file a claim for disability is that they are unhappy with their disability rating. In this instance, Veterans Disability the lawyer can make sure that the evidence is there to support a valid rating based on a disabling condition that was caused or worsened by military service.

A veteran disability lawyer might be needed by those who have not received their benefits. The lawyer can assist in determining what documents are missing, and then submit an application for these records to the VA.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will give you the time to concentrate on your health, and any other obligations you might have. Certain attorneys are veterans themselves and this gives them a unique form of empathy for their clients and give them a greater stake in their cases. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to analyze the same evidence that was presented in the original claim, and then make a new decision. The senior reviewer can choose to either affirm or reverse the previous rating.

A veteran or their representative can arrange for an informal conference to discuss the case with the senior reviewer. However only one conference is permitted. At this meeting it is important to prepare and present your case facts clearly. 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, if the earlier reviewer misinterpreted the evidence or made mistakes in the law. The senior reviewer can alter an earlier decision regarding the same claim in order to correct these kinds of mistakes however only if the changes are advantageous to the claimant.

The more thorough review may result in a hearing for the applicant, which gives the claimant an opportunity to connect with the person who is reviewing the claim and present their arguments. A veterans disability lawyer can assist in determining whether or not a personal hearing is needed, as well as prepare and present the evidence during the hearing.

Notice of Disagreement

You can file a dispute within one-year of the date the local office issued the initial denial letter. The VA will review the case once more and draft a Statement of the Case.

If you want to file a dispute, you should use VA Form 21-958. A disability lawyer can help you fill out the form correctly to appeal the decision. You do not have to list all the reasons you do not agree with the VA's decision but it is best to be specific to help the VA determine what you think is wrong. Your attorney can help you determine what evidence to include in the NOD. This could include statements from medical professionals or results from diagnostic tests.

If your appeal is denied at this point, you have another chance to review it by a senior reviewer in the form of A Higher-Level Review. It could take as long as 25 months, and you must have your attorney by all the way. If the VA refuses to accept your claim, your lawyer can request an appeal before a Veterans Law judge to present evidence and testimony in person. Your lawyer will draft your check when your claim is accepted.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans disability lawsuits are paid for injuries, illnesses, and other conditions caused by their service. However, the VA is a massive bureaucracy and it is easy to be lost within the system. A veteran disability lawyer can help navigate the process and offer much-needed assistance to applicants.

The VA must review the case following the time a veteran has filed a Notice of Dispute with the local VA office. This includes looking into the regulations, laws and evidence used to make the original decision. This also includes looking at the medical records of the veteran and, if needed lay statements. The VA must provide the applicant with the Statement of Case which includes a list with evidence that it has reviewed.

The declaration should be written in plain language and provide the reasoning behind the decision, as well as the interpretation of the laws and regulations which affect the case. It should address the claims raised by the claimant in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days of the date the NOD was filed. However due to the VA backlog and backlog, the agency could take longer to issue this document. If you are a veteran attempting to appeal a decision on your rating or claim for benefits, please contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.