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

The process of applying for veterans disability benefits can be overwhelming. A qualified veterans disability lawyer can help you navigate it from beginning to end.

It's crucial to find an attorney that only handles disability law and these cases at all levels of appeal. This will ensure you receive the best legal representation.

Appeals

If the VA denies a claim, or does not approve benefits, veterans disability lawyer it allows the veteran or his or her surviving spouse to file an appeal. Even the simplest disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veterans disability lawyer can help you understand the various options available and get the benefits you deserve.

A common reason for people to file a claim for disability is because they are dissatisfied with their disability rating. In this instance lawyers can make sure that there is sufficient evidence to support a rating that is appropriate for a condition that is caused or aggravated 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 then make an application for these records to the VA.

A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will give you time to focus on your health, as well as any other responsibilities you may have. Certain attorneys are veterans themselves, and this can give them a unique level of empathy for their clients and increase the stakes in their cases. This can make a big 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 do not agree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits an experienced reviewer to review the same evidence presented in the original claim and then make an entirely new decision in the case. The senior reviewer has the choice to either affirm or reverse the previous rating.

A veteran or their agent may arrange for an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is allowed. At this meeting, it is important to prepare and present your case facts clearly. A veteran disability attorney can help you prepare for and participate in the informal conference.

The higher-level reviews are typically used to correct errors made by the previous reviewer of a disability claim. For example, Veterans Disability Lawyer if the earlier reviewer misinterpreted evidence, or made mistakes in the law. Senior reviewers are able to correct these mistakes by changing a previous decision but only if it is in the best interest of the claimant.

A personal hearing may be arranged for the claimant as a consequence of the review at a higher-level. This gives the applicant to meet with the person who will be reviewing their claim and explain the arguments. A veterans disability lawyer can help you determine whether it's necessary to request a private hearing, as well as with creating and presenting evidence at the hearing.

Notice of Disagreement

You can file a disagreement within one year from the day the local office mailed you the original denial letter. The VA will examine your claim once more and prepare a Statement of the Case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability attorney can help you complete the form correctly to ensure it is effective in contesting the decision. You don't have to list every reason you don't agree with the decision. However it is recommended to be specific in order that the VA knows exactly what you believe is incorrect. Your attorney can assist you in deciding what evidence to include with the NOD. This could be statements from medical professionals or results of diagnostic tests.

If your appeal is not accepted at this point, you can request that it be reviewed again by a senior reviewer through an Higher Level Review. It could take as long as 25 months, and it is important to have your attorney by with you every step of the procedure. If the VA still denies your claim, your lawyer could request a hearing to be conducted before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has written extensive laws to ensure that veterans are paid for their injuries, illnesses, and other conditions incurred during service. But, the VA is a huge bureaucracy and it's easy to be lost within the system. A veteran disability attorney can guide you through the process and provide vital assistance for claimants.

If a veteran files a Notice of Disagreement with his or local VA office, the agency must conduct an investigation of the case. This involves examining the laws, regulations and evidence used to make the original decision. It also includes examining the veteran's medical records and, if needed, lay statements. The VA must provide the claimant with an official statement of case which contains a list of evidence it has analyzed.

This statement should describe in clear language the reasoning behind the decision, as well as how it decided to interpret the laws and regulations that impacted the case. It should address all the arguments 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 sent. Due to the VA backlog, it could take longer for the agency to issue the statement. If you're a veteran seeking to appeal an appeal of a rating decision or claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.