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How a veterans disability attorneys Disability Attorney Can Help You Get the Benefits You Deserve

The process of submitting an application for benefits for veterans disability can appear overwhelming. A good veterans disability attorney will guide you from start to finish.

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

Appeal

When the VA rejects or doesn't consider a claim, the spouse or the veteran who is surviving can appeal. Even the most basic disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veterans disability lawyer can assist you in understanding the options available to you and help you get the benefits you deserve.

The most common reason for people to declare a disability claim is that they are unhappy with their disability rating. In this case, the lawyer can ensure that the evidence is sufficient to support a fair rating based on a debilitating condition caused by or aggravated by military service.

A veteran disability lawyer might be needed by people who have been waiting too long to receive their benefits. The lawyer can help determine what documents are missing and can then make a request to the VA for the relevant records.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will give you the time to focus on your health, as well as any other responsibilities you may have. Some attorneys are veterans, which can give them an exceptional compassion for their clients. This can make a big 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 is a decision review option that permits senior reviewers to look at the same evidence as was presented in the original claim and make an additional decision on the case. The senior reviewer can confirm or reverse the previous rating decision.

The veteran or their representative can request a meeting with the senior reviewer to discuss the case, however, only one such conference is allowed. It is important to be prepared and be able to present the facts of your case in a clear manner during this meeting. A lawyer for veterans may help you prepare for and participate in the informal conference.

The higher-level review is usually used to correct mistakes made by the previous reviewer of the disability claim. For instance in the event that the previous reviewer misinterpreted evidence, or made mistakes in the law. The senior reviewer may alter an earlier decision regarding the same claim to fix these types of errors however only if the modifications are beneficial for the claimant.

A hearing at a personal level can be scheduled for the claimant as a consequence of the review at a higher-level. This is a chance for the claimant to meet the person reviewing their claim and discuss their arguments. A lawyer who is a veteran can assist with determining whether or not it's necessary to request a private hearing, as well as with preparing and presenting the evidence during the hearing.

Notice of Disagreement

You may file a complaint within one-year of the date the local office sent 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 lawyer can help you complete this form correctly to appeal the decision. You don't have to include every reason why you disagree with the decision. However, it is better to be specific in order that the VA understands what exactly you believe to be wrong. Your attorney can advise you on the evidence you should submit to support the NOD, including statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you can have it reviewed again by a senior veterans disability attorney reviewer through an Higher Level Review. This could take up to 25 months, and it is important to have your lawyer by your side every step of the procedure. If the VA denies your claim your attorney can request an appeal before an veterans disability litigation Law judge to present testimony and other evidence in person. If your claim is accepted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed numerous laws to make sure that veterans are compensated for injuries, illnesses, and other conditions suffered during service. But, the VA is a massive bureaucracy and it is easy to be lost within the system. A veteran disability lawyer can help applicants navigate the system and provide the assistance they need.

If a veteran files a Notice of Disagreement to his or veterans disability attorney local VA office, the VA must conduct an examination of the case. This involves examining the laws, regulations and the evidence used in the initial decision. This includes reviewing the medical records of the veteran as well as, if necessary, lay statements. The VA must provide the claimant with an official statement of case which includes a list of evidence that it has examined.

This statement should be in plain language and explain the reasoning behind the decision, as well as the interpretation of the regulations and laws relevant to the case. It should address all the contentions the claimant raised in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was submitted. Due to the VA backlog it may take the agency longer to issue the statement. Contact a veterans disability settlement disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision about a rating or a claim for benefit.