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

The process of obtaining veterans disability benefits can be a challenge. The right veterans disability legal disability attorney can help you navigate it from beginning to end.

It's crucial to choose an attorney who handles disability law and cases of this nature at all levels of appeal. This will ensure that you get the best legal representation.

Appeal

When the VA refuses or fails to consider a claim, the spouse of the deceased can appeal. It is a difficult and time-consuming process that can be complicated even for the simplest disability claims. A veteran's disability attorney can assist you in understanding your options and ensure you receive the benefits you deserve.

One common reason that people have to file an claim for disability is because they are not satisfied with their disability status. In this situation an attorney can make sure that there's enough evidence to support an appropriate rating based on a condition that is caused or worsened by military service.

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

The help of a veterans disability law disability lawyer can alleviate the burden of dealing with the VA away from you. This will give you time to focus on your health, and any other responsibilities you may have. Some attorneys are veterans themselves and this gives them a unique empathy for their clients and make them more invested in their cases. 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), veterans have more options if they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that allows the senior reviewer to examine the same evidence as was presented in the original claim and make an entirely new decision in the case. The senior reviewer can affirm or reverse the previous decision to rate.

A veteran or their agent may request an informal conference to discuss the matter with the senior reviewer. However, only one conference is permitted. In this meeting it is essential to prepare and present your case's information in a clear manner. A lawyer for veterans may assist you in preparing for and participate in the informal conference.

Higher-level reviews can be used to correct errors made by the previous reviewer on a disability case for example, misinterpreting evidence or making errors in the law. Senior reviewers can correct these mistakes by changing a previous decision but only if it is in the claimant's best interest.

A personal hearing may be arranged for the claimant as a consequence of the review at a higher-level. This gives the claimant to meet with the person who is reviewing their case and discuss their arguments. A lawyer for veterans can help determine whether or not it is necessary to request a private hearing, and also with preparing and presenting the evidence at the hearing.

Notice of Disagreement

You can file a disagreement within one year from the day the local office sent you the initial denial letter. The VA will review your claim again and issue an official statement of the case.

To file a complaint with the VA, you should fill out VA Form 21-958. A disability attorney can help you complete the form correctly to ensure it is effective in appealing the decision. You don't have to include every reason why you are not with the decision. However it is recommended to be specific in order that the VA can understand 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 results of diagnostic tests.

If your appeal is rejected at this point, you can ask to have it reviewed by a senior judge through a Higher Level Review. This process could take up to approximately 25 months. You should be with your lawyer at all times. If the VA refuses to accept your claim, your lawyer could request that a hearing be conducted before a veterans disability legal Law Judge to present testimony and additional evidence in person. Your lawyer will prepare your check when your claim is accepted.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are compensated for their ailments, injuries and illnesses caused by their service. However the VA is a massive bureaucracy that is easy to get lost in the maze of regulations. A veteran disability lawyer can assist claimants navigate the system and offer the needed assistance.

The VA must examine the case once a veteran has filed a Notice of Dispute with the local VA office. This includes looking into the laws, regulations and the evidence used to make the original decision. This also includes looking at the medical records of the veteran and veterans disability lawyer in the event of a need, lay statements. The VA must provide the claimant with an official statement of the case that includes a list of all evidence it has studied.

The statement should state clearly the reasoning behind the decision, and how it interprets the laws and regulations that affected the case. It should address the claims raised by the claimant in the NOD.

The Statement of the Case is typically mailed to the veteran within 120 days from the date that the NOD was filed. Due to the VA backlog, it may take longer for the agency to issue the statement. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision regarding a rating or a claim for benefits.