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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 assist you from start to finish.

It's essential to find a lawyer who limits their law practice to disability cases and only handles these cases at every stage of appeal. This will ensure that you get the best representation.

Appeal

When the VA refuses to approve a claim or does not accept benefits, it permits the veteran or or spouse who is surviving to appeal. This is a complex and lengthy process that can be complicated, even for the most basic disability claims. A veteran disability lawyer can assist you in understanding the various options available and obtain the benefits you deserve.

The most common reason why people file a claim for disability is that they are unhappy with their disability status. In this situation lawyers can make sure that there is enough evidence to justify the appropriate rating due to a condition that is caused or worsened by military service.

A lawyer for veterans may be needed by people who have been waiting too long to receive their benefits. The lawyer can assist in determining the missing documents, and then submit an application for these records to the VA.

A veteran disability lawyer can also relieve you of the burden of dealing directly with the VA. This will give you the time to focus on your health, and any other responsibilities you may have. Some lawyers are veterans disability lawyers and this can create an unmatched compassion for their clients. This can make a big 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 is a decision review option that permits the senior reviewer to review the same evidence presented in the original claim and then make an entirely new decision in the case. The senior reviewer has the choice to either confirm or reverse the previous rating.

A veteran or their agent may request an informal meeting to discuss the matter with the senior reviewer. However only one of these conferences is permitted. It is essential to be prepared and explain your case in a concise manner during this meeting. A veteran disability attorney can assist you in preparing and participate in the informal conference.

Higher-level reviews are usually used to correct errors made by the earlier reviewer in a disability claim for example, failing to interpret evidence or making mistakes in the law. Senior reviewers can correct these errors by changing the previous decision, but only when it is in the claimant's best interest.

A personal hearing may be scheduled for the claimant as a consequence of the higher-level review. This provides those seeking to be heard by the person who is reviewing their claim and to present their case. A lawyer who is a veteran can help determine whether it's necessary to request a private hearing, as well as with preparing and presenting the evidence at the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made a decision, you are able to file a notice of disagreement within one year of the date the local office mails you the original denial letter. The VA will review your claim again and create a Statement of the Case.

To file a complaint with the VA, you should fill out VA Form 21-958. A disability attorney can assist to fill out the form in a manner that is effective in contesting the decision. It is not necessary to list every reason why you disagree with the decision; however it is better to be specific so that the VA knows exactly what you believe is incorrect. Your attorney can help you decide what evidence to include in the NOD. This could include statements from medical professionals, or results from diagnostic tests.

If your appeal is not accepted at this stage, then you can have it re-examined by a senior judge through a Higher Level Review. It could take as long as 25 months, and it is important to have your attorney by all the way. If the VA refuses to accept your claim, your lawyer may request an appearance before a Veterans Law judge to present evidence and testimony in person. Your lawyer will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for injuries, illnesses and other ailments they've suffered during their time of service. But the VA is a massive bureaucracy and it is easy to get lost in the maze of regulations. A veteran disability lawyer can help those seeking assistance navigate the system and offer the needed assistance.

If a veteran files a Notice of Disagreement with his local VA office, the VA must conduct a review of the case. This includes looking at the laws, regulations and evidence used to make the original decision. Also, it involves looking over the medical records of the veterans and when necessary lay statements. The VA must provide the applicant with an Statement of Case which contains a list of evidence that it has examined.

This statement should be in plain language and provide the reasoning behind the decision, as well as the interpretation of the law and regulations relevant to the case. It should address all the claims made by the plaintiff in the NOD.

The Statement of the Case is typically mailed to the veteran within 120 days of the date on which the NOD was filed. Due to the VA backlog, it may take the agency longer to issue the document. If you're a veteran attempting to appeal a rating decision or a claim for benefits, you should contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.