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How a veterans disability lawsuit Disability Attorney Can Help You Get the Benefits You Deserve

The process of getting veterans disability (Check This Out) benefits can be overwhelming. A qualified veterans disability lawyer can guide you from start to finish.

It's important to choose a lawyer who restricts their practice to disability cases and exclusively handles these cases at each level of appeal. This will ensure that you get the best representation.

Appeal

When the VA rejects a claim or does not approve benefits, it allows the veteran or his or her surviving spouse to file an appeal. Even the simplest disability claims can be a challenge for this lengthy and complicated procedure. An attorney for veterans can assist you in understanding your options and get the benefits you deserve.

The most common reason why people submit a claim for disability is because they are dissatisfied with their disability rating. In this case, a lawyer can ensure that all the evidence is in place to support an appropriate rating based on a debilitating condition that was caused or worsened by military service.

A lawyer for veterans may be needed by those who have been waiting too long to receive their benefits. The lawyer can help determine the missing documents and then submit a request to the VA to obtain those documents.

Having a veterans disability attorney can also alleviate the burden of dealing with the VA away from you. This will give you the time to focus on your health, as well as any other responsibilities you may have. Some attorneys are veterans, and this can give them a unique form of empathy for their clients and create a deeper investment in their cases. This could make a significant 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 regarding their claims. The Higher-Level Review is a decision review option that permits an experienced reviewer to review the same evidence that was presented in the original claim and then make an additional decision on the case. The senior reviewer can affirm or reverse the previous decision to rate.

The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, but only one such meeting is allowed. It is important to be prepared and explain the facts of your case in a clear manner at this time. A veterans disability attorney can help you prepare and participate in the informal conference.

Higher-level reviews are typically used to correct mistakes by the earlier reviewer in an appeal for disability which could include not interpreting evidence correctly or making mistakes in the law. The senior reviewer is able to alter an earlier decision on the same claim to correct these errors, but only if those modifications are beneficial for the person filing the claim.

A hearing at a personal level can be arranged for the applicant as a result of the review at a higher-level. This is a chance for the applicant to meet with the person who will be reviewing their claim and present their arguments. A veterans disability attorney can help determine whether or not a personal hearing is needed and also prepare and present the evidence during the hearing.

Notice of Disagreement

After the VA has looked over your claim and come to a decision, you can submit a notice of disagreement within one year of the date the local office gives you the initial denial letter. The VA will then review your claim once more and draft a Statement of Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. It is not necessary to list every reason why you are not with the decision; however it is best to be specific in order that the VA is aware of what you believe to be wrong. Your attorney can provide guidance on what evidence to submit along with the NOD, like statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point If you are denied, you can try again to have it reviewed by an experienced reviewer in the form of A Higher-Level Review. This can take up to 25 months, and you must have your lawyer by all the way. If the VA refuses to accept your claim, your lawyer may request a hearing to be held before an Veterans Law Judge to present evidence and testimony in person. Your attorney will draft your check in the event that your claim is approved.

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. But the VA is a huge bureaucracy and it's easy to get lost in the system. A veteran disability lawyer can assist those seeking assistance navigate the system and Veterans Disability provide the much-needed assistance.

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

The statement should state in a clear manner the reasoning behind its decision, and Veterans Disability how it determined the law and regulations that affected the case. It should address the issues that the claimant has made in the NOD.

The Statement of the Case is typically sent to the veteran within 120 days of when the NOD was filed. However due to the VA backlog it could delay the release of this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision regarding a rating or a claim for benefit.