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How a veterans disability attorney, please click for source, Can Help You Get the Benefits You Deserve

The process of submitting an application for veterans disability benefits can be overwhelming. The right veterans disability attorney can assist you from beginning to end.

It is essential to find an attorney who only handles disability law and these cases at all levels of appeal. This ensures you're getting the best representation.

Appeal

When the VA refuses or fails to consider a claim, the spouse or the veteran who is surviving can file an appeal. Even the simplest disability claims can complicate this complex and time-consuming procedure. A veterans disability attorney can help you understand your options and ensure you receive the benefits you deserve.

The most common reason why people declare a disability claim is that they are unhappy with their disability status. In this case, the lawyer can make sure that all the evidence is in place to justify a proper rating based upon a disabling condition caused by or aggravated by military service.

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

A lawyer for veterans' disability can also take away the burden of dealing directly with the VA. This will allow you the time to concentrate on your health, and any other responsibilities you may have. Some lawyers are veterans themselves, and this can give them a unique level of empathy with their clients and increase the stakes in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans with more options if they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that allows an experienced reviewer to look at the same evidence provided in the original claim and then make a new decision. The senior reviewer can either confirm or reverse the previous decision to rate.

A veteran or their representative could ask for an informal meeting to discuss the matter with the senior reviewer. However only one conference is allowed. In this meeting it is essential to prepare and present your case facts in a clear way. A veterans disability attorney can help you prepare for and participate in the informal conference.

Higher-level reviews are typically utilized to correct errors made by the previous reviewer on a disability case which could include not interpreting evidence correctly or making mistakes in the law. The senior reviewer is able to alter a prior decision on the same claim to rectify these mistakes however only if the modifications are beneficial to the applicant.

The more extensive review can result in a personal hearing for the claimant, which is an opportunity to talk to the person who will be reviewing the claim and to explain the arguments. A lawyer for veterans disability can help determine whether or not it is necessary to request a personal hearing, veterans disability attorney and with preparing and presenting the evidence during the hearing.

Notice of Disagreement

After the VA has looked over your claim and come to a decision, you are able to file a notice of disagreement within one year from the date when the local office mails you its original denial letter. The VA will review your claim again and create an official statement of the case.

You must use VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help complete this form in a manner that is effective in appealing the decision. You do not have to list all the reasons you disagree with the VA's decision, but it is advisable to be specific to help the VA determine what you think is wrong. Your attorney can help you decide what evidence to include in the NOD. These could be statements from medical professionals, or results from diagnostic tests.

If your appeal is denied at this stage, then you can have it reviewed by a senior judge through a Higher Level Review. This can take up to 25 months, and you should have an attorney on all the procedure. If the VA refuses to accept your claim, your lawyer may request that a hearing be conducted before a 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 enacted a number of laws to ensure that veterans are paid for injuries, illnesses and other ailments incurred during service. The VA is a large bureaucracy and it's easy to get lost. A veteran disability lawyer can help people navigate the system and provide the needed assistance.

The VA must examine the case after a veteran has filed a Notice of Dispute with the local VA office. This includes examining the laws, regulations and evidence used in the original decision. This includes reviewing the veteran's medical record and at times lay statements. The VA must provide the applicant with an Statement of Case which includes a list of evidence that it has examined.

The declaration should be written in plain language and explain the reasoning behind the decision, including the interpretation of the law and regulations that affect the case. It should address any claims made by the plaintiff in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was filed. Due to the VA backlog, it could take longer for the agency to issue the statement. If you are a veteran appealing a decision on your rating or claim for benefits, you should contact a lawyer for veterans disability law firms disability from Fusco, Brandenstein & Rada, P.C.