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How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve

The process of getting veterans disability benefits can be a challenge. A good veterans disability attorney can help you navigate it from beginning to end.

It's important that you find an attorney that only has experience in disability law and who handles cases of this nature at all levels of appeal. This will ensure that you're getting the best representation.

Appeal

When the VA decides to deny or not approve a claim, the spouse of the deceased or veteran can file an appeal. Even the most basic disability claims can be a challenge for this lengthy and complicated procedure. A veteran disability lawyer can help you understand all your options and secure the benefits you deserve.

The most common reason people are required to submit a disability claim is because they are not content with their disability status. In this situation, a lawyer can make sure that there's enough evidence to back the appropriate rating due to a condition caused or made worse by military service.

Another reason that people tend to need a veterans disability lawyer is that they've been waiting too long to get their benefits. The lawyer can help determine the missing documents and submit a request to the VA for those records.

A lawyer for veterans' disability can also take away the burden of dealing directly with the VA. This allows you to focus on your health and any other obligations you might have. Certain attorneys are buffalo veterans disability law firm and this may result in a unique empathy for their clients. This could make a significant difference in the result of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to look at the same evidence that was presented in the original claim and Prattville Veterans disability lawyer make a new determination. The senior reviewer is able to affirm or reverse the previous rating decision.

The veteran or their representative can request a meeting with the senior reviewer to discuss the case, however, only one such meeting is allowed. At this conference it is important to prepare and present your case's facts in a clear way. An attorney that specializes in veterans disability can help you prepare and participate at the informal conference.

Higher-level reviews are often used to correct errors made by the reviewer who was earlier in an appeal for disability that result in misinterpreting evidence or making errors in the law. The senior reviewer may alter an earlier decision regarding the same claim to correct these errors, but only if those modifications are beneficial for the claimant.

A hearing at a personal level can be scheduled for the claimant as a result of the higher-level review. This is a chance for the claimant to meet the person who is reviewing their claim and explain the arguments. A veteran disability attorney can help determine whether the need for a personal hearing is justified and can also prepare and present evidence at the hearing.

Notice of Disagreement

You can file a dispute within one year from the day the local office issued the original denial letter. The VA will review your claim again and issue a Statement of the Case.

In order to file a disagreement to file a dispute, you must use VA Form 21-958. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. You don't need to list every reason you don't agree with the decision. However, it is better to be specific in order that the VA understands what exactly you believe to be wrong. Your attorney can help you determine which evidence to include in the NOD. This could include statements from medical professionals, or results from diagnostic tests.

If your appeal is rejected at this point You have a second chance to have it reviewed by an experienced reviewer in the form of A Higher-Level Review. This process can take about 25 months and you must be with your attorney at every step. If the VA still denies your claim, your lawyer could request that a hearing be conducted before a wharton veterans Disability lawyer Law Judge to present evidence and testimony in person. If your claim is ultimately awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has passed numerous laws to ensure veterans receive compensation for injuries, illnesses and ailments they've experienced during their time of service. But the VA is a massive bureaucracy, and it's easy to become lost in the system. A veteran disability lawyer can help you navigate the process and offer much-needed assistance to those who are seeking benefits.

The VA must examine the case after a veteran has filed the Notice of Dispute to the local VA office. This includes reviewing the laws, regulations, and the evidence used in the original decision. This also includes looking at the veteran's medical records and, if needed lay statements. The VA must provide the claimant with a Statement of Case, which includes a list with evidence that it has examined.

This statement should explain in a clear manner the reasoning behind its decision, as well as how it determined the law and regulations that impacted 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 when the NOD was submitted. However, due to the VA backlog the agency might take longer to issue the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision regarding an assessment or claim for benefits.