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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 help you navigate it from beginning to end.

It's essential to choose an attorney who has experience in disability law and who handles these cases at all levels of appeal. This will ensure you receive the most effective representation.

Appeal

When the VA denies or does not consider a claim, the veteran or the surviving spouse can file an appeal. Even the most basic disability claims can make this a complicated and lengthy procedure. A veterans disability attorney can help you understand your options and help you get the benefits you deserve.

One common reason that people have to submit an claim for disability is because they are unhappy with their disability status. In this case, a lawyer can make sure that there's enough evidence to back an appropriate rating based on a condition caused or made worse by military service.

A lawyer for veterans may be needed by those who have had to wait too long for their benefits. The lawyer can assist in determining the missing documents and submit a request to the VA for the relevant records.

A veteran disability attorney can also alleviate the burden of dealing with the VA away from your shoulders. This will allow you to concentrate on your health and any other obligations you might have. Some lawyers are veterans and this can create an unmatched compassion for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

veterans disability lawyer are able to appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that allows an experienced reviewer to review the same evidence as was presented in the original claim and make an additional decision on the case. The senior reviewer may affirm or reverse the previous decision to rate.

The veteran or their representative can request an informal meeting with the senior reviewer to discuss the case, however, only one such meeting is permitted. It is crucial to be prepared and present the facts of your case in a clear manner at this meeting. An attorney for veterans can help you prepare and take part in the informal conference.

Higher-level reviews are typically utilized to correct errors made by the previous reviewer in a disability case that result in not interpreting evidence correctly or veterans making mistakes in the law. Senior reviewers can correct the errors by reversing a previous decision but only if it is in the best interests of the claimant.

The higher-level review could result in a personal hearing for the claimant, which is an opportunity to connect with those who are reviewing the claim and to explain the arguments. A lawyer who is a veteran can assist in determining whether it's necessary to request a personal hearing, as well as preparing and presenting the evidence during the hearing.

Notice of Disagreement

You may file a dispute within one-year of the date the local office mailed you the original denial letter. The VA will review your case once more and prepare a Statement of the Case.

If you want to file a dispute for a disagreement, you should file VA Form 21-958. A disability lawyer can help complete this form in a manner that is effective in appealing the decision. You don't have to list every reason why you are not with the decision. However it is recommended to be specific so that the VA knows exactly what you believe to be incorrect. Your attorney can assist you in deciding what evidence to include with the NOD. This could include statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this point, you can ask to have it reviewed by a senior judge through an Higher Level Review. The process can take between 25 and approximately 25 months. You should be with your lawyer at all times. If the VA denies your claim, your lawyer can request a hearing before a Veterans Law judge to present testimony and other evidence in person. Your attorney will prepare your check should your claim be approved.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for their ailments, injuries and illnesses that they suffer during their service. But the VA is a huge bureaucracy and it's easy to become lost in the system. A veteran disability lawyer can help those seeking assistance navigate the system and offer much needed assistance.

The VA must examine the case after the veteran has filed a Notice of Dispute with the local VA office. This includes looking at the regulations, laws and evidence used in making the initial decision. This includes looking over the medical records of the veteran and, if necessary, lay statements. The VA must send the claimant a Statement of Case which includes a listing of all evidence it examined.

The declaration should be written in plain language and provide the reasoning of the decision, which should include the interpretation of the law and regulations relevant to the case. It should address the claims that the claimant has made in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was submitted. Due to the VA backlog it may take the agency longer to issue the statement. If you are a veteran who is appealing a decision on your rating or claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.