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

The process of obtaining veterans disability lawyers disability benefits can be a challenge. The right veterans disability attorney can guide you from start to finish.

It's essential to find a lawyer who has a limit on their practice to disability cases, and only handles these cases at all levels of appeal. This helps ensure you'll be receiving the best legal representation.

Appeals

If the VA refuses to approve a claim or does not allow benefits to be approved, it allows the veteran, or his or the spouse who died to file an appeal. Even the most basic disability claims can be a challenge for this lengthy and complicated procedure. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.

The most common reason why people make a claim for disability is because they are dissatisfied with their disability status. In this situation a lawyer can be sure that there is enough evidence to support an appropriate rating due to a condition caused or aggravated by military service.

A veterans disability lawyer could be needed by people who have not received their benefits. The lawyer can help determine what documents are missing, and then make a request for these records to the VA.

Having a veterans disability attorney can also take the burden of dealing with the VA away from your shoulders. This will give you the time to focus on your health and any other obligations you have. Some lawyers are veterans, and this may result in an innate compassion for their clients. 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 when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review option that allows an experienced reviewer to analyze the same evidence provided in the original claim and make a fresh determination. The senior reviewer has the choice to either affirm or reverse the previous rating.

The veteran or their representative may arrange for a casual conference with the senior reviewer to discuss the case, however, only one such conference is allowed. For this meeting, it is important to prepare and present your case's information in a concise manner. A veterans disability attorney can help you prepare for and participate in the informal conference.

The higher-level review is usually used to correct mistakes made by the previous reviewer of the disability claim. For example when the previous reviewer misinterpreted the evidence or made mistakes in the law. The senior reviewer can change the previous decision made on the same claim in order to correct these errors, but only if those modifications are beneficial for the person filing the claim.

A personal hearing may be scheduled for the claimant as a consequence of the higher-level review. This gives the claimant to meet the person reviewing their claim and present their arguments. A veterans disability lawyer can assist with determining whether it's necessary to request a personal hearing, and also with preparation and presenting evidence during the hearing.

Notice of Disagreement

You may file a complaint within one year from the day the local office received the initial denial letter. The VA will review the claim again and issue a Statement of Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you complete this form correctly to appeal the decision. You don't need to list every reason why you are not with the decision. However, it is better to be specific in order that the VA is aware of what you believe to be wrong. Your attorney can help you determine what evidence to include in the NOD. These could be statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this stage You have a second chance to have it reviewed by a senior reviewer in the form of a Higher-Level review. This process can take approximately 25 months. You should be with your lawyer at all times. If the VA refuses to accept your claim, your lawyer can request a hearing to be conducted before an Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately granted, your lawyer will prepare you for the check.

Statement of the Case

Congress has passed many laws to ensure that veterans receive compensation for injuries, illnesses and conditions they have suffered during their service. The VA is a huge bureaucracy and it's easy for people to be lost. A veteran disability attorney can help you navigate the process and provide crucial assistance to those seeking assistance.

The VA must examine the case once a veteran has filed a Notice of Dispute with the local VA office. This includes examining the laws, regulations and the evidence used to make the original decision. This also includes looking at the medical records of the veteran and, if needed lay statements. The VA must provide the claimant with a Statement of the Case, which contains a list of all evidence it has looked over.

This statement should describe clearly the reasoning behind its decision, as well as how it interprets the laws and regulations that impacted the case. It should address all claims made by the plaintiff in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was received. However due to the VA backlog and backlog, the agency 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 appealing a decision on a rating or a claim for benefits.