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

The process of applying for benefits for veterans disability can seem overwhelming. A qualified veterans disability lawyer will guide you from start to finish.

It's essential to find a lawyer who limits their law practice to disability cases and exclusively handles these cases at every level of appeal. This ensures you're receiving the best legal representation.

Appeal

If the VA decides to deny or not consider a claim, the spouse of the deceased or veteran can file an appeal. This is a lengthy and lengthy process that can be complicated even for the simplest disability claims. An attorney for veterans can help you understand your options and get the benefits you deserve.

The most common reason people are required to file an application for disability benefits is that they are unhappy with their disability rating. In this instance, the lawyer can ensure that all the evidence is in place to support a fair rating based on a disability condition caused or exacerbated by military service.

A veterans disability lawyer may be needed by those who have waited too long to get their benefits. The lawyer can help determine the missing documents and submit a request the VA for the relevant records.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will give you time to concentrate on your health, as well as any other obligations you might have. Some lawyers are veterans themselves which can give them a unique form of compassion for their clients and give them a greater stake in their cases. This can make a major difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), veterans have more options when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to look at the same evidence that was presented in the original claim, and make a new determination. The senior reviewer can choose to either confirm or reverse the previous rating.

A veteran or their agent may request an informal conference to discuss the case with the senior reviewer. However only one of these conferences is allowed. In this meeting, it is important to prepare and present your case facts clearly. A lawyer for veterans may assist you in preparing and participate in the informal conference.

Higher-level reviews are typically utilized to correct errors made by the earlier reviewer in a disability claim that result in misinterpreting evidence or making errors in the law. Senior reviewers can correct these mistakes by changing the previous decision however only when it is in the best interest of the claimant.

The higher-level review could result in a private hearing for the applicant, which gives the claimant an opportunity to talk to the person who is reviewing the claim and present their arguments. A veterans disability lawyer can assist in determining whether or not it's necessary to request a private hearing, and also with preparation and presenting evidence at the hearing.

Notice of Disagreement

You may file a complaint within one year from the day the local office sent you the original denial letter. The VA will review your claim again and create an official statement of the case.

In order to file a disagreement for a disagreement, you should file 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 why you disagree with the decision; however it is recommended to be specific so that the VA knows exactly what you believe is incorrect. Your attorney can help you on the kind of evidence to include in the NOD like statements from medical professionals or the results of diagnostic tests.

If your appeal is not accepted at this stage, then you can have it reviewed again by a senior reviewer through a Higher Level Review. This process can take 25 months and you should be in contact with your lawyer throughout the process. If the VA refuses to accept your claim, your lawyer can request that a hearing be conducted before an veterans disability lawsuit Law Judge to present testimony and additional evidence in person. Your attorney 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 ailments they've experienced during their service. The VA is a large bureaucracy and it's easy to get lost. A veteran disability lawyer can assist applicants navigate the system and offer the assistance they need.

Once a veteran has filed a Notice of Disagreement in his or her local VA office, the agency must conduct an examination of the case. This includes looking at the regulations, laws and the evidence used to make the initial decision. This includes reviewing the medical record of the veteran as well as when necessary, lay statements. The VA must provide the applicant with an Statement of Case which includes a list of evidence that it has examined.

This statement should be in plain language and provide the reasoning of the decision, which should include the interpretation of the law and regulations that affect the case. It should address the claims made by the claimant in the NOD.

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