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

The process of submitting an application for veterans disability benefits may seem overwhelming. The right veterans disability attorney can assist you from beginning to end.

It's important to locate a lawyer that limits their practice to disability cases, and only handles those cases at all levels of appeal. This will ensure that you get the best legal representation.

Appeal

When the VA denies or does not approve a claim, the veteran or the surviving spouse can file an appeal. This is a lengthy and lengthy process that could be complicated even by the most basic disability claims. A veteran disability lawyer can help you understand the various options available and get the benefits you deserve.

One common reason that people have to make a disability claim is that they are not happy with their disability ratings. In this case a lawyer can be sure that there's enough evidence to back the proper rating for a condition that is caused or made worse by military service.

A lawyer for veterans disability claim may be needed by people who have not received their benefits. The lawyer can assist in determining the missing documents, and then submit an inquiry for these records to the VA.

A veteran disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will let you focus on your health and other obligations that you may have. Some attorneys are veterans themselves and this gives them a unique type of empathy with their clients and make them more invested in their cases. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review process that allows an experienced reviewer examine the same evidence provided in the original claim, and make a new determination. The senior reviewer has the option to either reverse or confirm the previous rating.

A veteran or their representative may request an informal meeting to discuss the matter 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 in a clear way. A veterans disability attorney can help you prepare for and participate in the informal conference.

Higher-level reviews are often used to correct errors made by the earlier reviewer in the case of a disability claim, such as not interpreting evidence correctly or making mistakes in the law. Senior reviewers are able to correct these mistakes by altering the decision made previously, but only when it is in the claimant's best interest.

The higher-level review could result in a private hearing for the applicant, which gives them the chance to meet with the person reviewing the claim and to explain their arguments. A lawyer for veterans disability attorney veterans can assist with determining whether or not it's necessary to request a private hearing, and with making and presenting the evidence at the hearing.

Notice of Disagreement

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

You should use VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help complete this form in a way that is effective in appealing the decision. You don't have to list every reason you do not agree with the VA's decision but it is best to be specific and help the VA know what you believe is wrong. Your attorney can guide you on the kind of evidence to include in the NOD like statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point There is a second chance to have it reviewed by a senior reviewer in the form of an Higher-Level Review. This could take up to 25 months, veterans disability attorney and you must have an attorney on your side every step of the process. If the VA denies your claim, your lawyer can request an appeal before an Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has written extensive laws to ensure that veterans disability attorneys are compensated for their injuries, illnesses and other ailments incurred during service. However the VA is a huge bureaucracy, and it's easy to get lost in the system. A veteran disability attorney can help you navigate the process and provide crucial assistance to those who are seeking benefits.

If a veteran files a Notice of Disagreement with his or local VA office, the agency must conduct an examination of the case. This includes examining the regulations, laws and evidence used to reach the original decision. This includes reviewing the veteran's medical record and in the event of a need lay statements. The VA must provide the claimant with an Statement of Case that includes a list of evidence it has analyzed.

The statement should be written simple and clear, and also explain the reasoning for the decision, including the interpretation of the law and regulations relevant to the case. It should address the allegations that the claimant has made in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was received. However, due to the VA backlog it could delay the release of the document. If you are a veteran appealing a rating decision or a claim for benefits, please contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.