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

The process of applying for benefits from veterans disability may appear overwhelming. The right attorney for veterans can help you navigate it from beginning to end.

It is essential to find an attorney who only is skilled in disability law and can handle these cases at all levels of appeal. This will ensure you receive the best legal representation.

Appeals

If the VA rejects a claim or does not approve benefits, it gives the veteran or his or her surviving spouse to file an appeal. Even the most basic disability claims can be a challenge for this lengthy and Firm complicated procedure. A veteran disability lawyer can assist you in understanding the various options available and secure the benefits you deserve.

A common reason for people to file a claim for disability is that they are unhappy with their disability rating. In this situation, the lawyer can make sure that all the evidence is in place to support an appropriate rating based on a disabling condition caused or exacerbated by military service.

Another common reason for people to require a veteran disability lawyer is that they've been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing and can then make a request to the VA to obtain those documents.

A veterans disability lawyer can alleviate the burden of dealing with the VA away from you. This gives you the time to concentrate on your health and any other obligations you have. Some attorneys are veterans, and this can give them a unique empathy with their clients and give them a greater stake in their cases. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

kennesaw veterans disability attorney have more recourse options to appeal VA decisions if they disagree. The Higher-Level Review is a decision review option that allows the senior reviewer to look at the same evidence presented in the original claim, and then make a new decision on the case. The senior reviewer can either affirm or reverse the previous decision to rate.

A veteran or their representative can ask for an informal meeting to discuss the matter with the senior reviewer. However, only one conference is permitted. At this meeting it is important to prepare and present your case's information in a clear way. A veteran disability attorney can help you prepare for and take part in the informal conference.

Higher-level reviews are usually utilized to correct errors made by the previous reviewer on a disability claim which could include failing to interpret evidence or making mistakes in the law. Senior reviewers can correct these errors by altering the decision made previously but only if it is in the best interests of the claimant.

A hearing at a personal level can be arranged for the claimant as a result of the higher-level review. This is an opportunity for the applicant to meet with the person who is reviewing their claim and to present their case. A lawyer who is a veteran can help you determine whether or not it is required to request a personal hearing, as well as with preparing and presenting the evidence at the hearing.

Notice of Disagreement

You may file a dispute within one year of the date the local office issued the original denial letter. The VA will then review your case once more and draft an official statement of the case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can help complete this form in a manner that is effective in contesting the decision. You do not have to list every reason you disagree with the VA's decision, but it is advisable to be specific in order to assist the VA determine what you think is wrong. Your attorney can help you determine what evidence to include with the NOD. This could include statements from medical professionals or the results of diagnostic tests.

If your appeal is not accepted at this point, you can have it re-examined by a senior reviewer through a Higher Level Review. The process can take between 25 and up to 25 months, and you should be with your attorney at every step. If the VA denies your claim your attorney can request an appeal before a Veterans Law judge to present evidence and testimony in person. Your attorney will prepare your check should your claim be approved.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans are paid for their ailments, injuries and illnesses caused by their service. But the VA is a huge bureaucracy that is easy to get lost in the maze of regulations. A veteran disability lawyer can assist applicants navigate the system and offer the much-needed assistance.

When a veteran files a Notice of Disagreement in his or her local VA office, the agency must conduct an investigation into the case. This includes examining the laws, regulations, and the evidence used in the original decision. This includes reviewing the medical records of the veteran as well as when necessary, lay statements. The VA must provide the claimant with a Statement of the Case that includes a list of all evidence it studied.

This statement should explain clearly the reasoning behind the decision, including how it interpreted the laws and firm regulations that affected the case. It should address the allegations that the claimant has made in the NOD.

The Statement of the Case is usually sent to the veteran within 120 days from the date on which the NOD was filed. However, due to the VA backlog, the agency may take longer to issue this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about a rating or a claim for benefits.