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

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

It is essential to find an attorney that only handles disability law and cases of this nature at all levels of appeal. This will ensure you receive the most effective representation.

Appeals

If the VA denies or does not consider a claim, the spouse of the deceased can appeal. This is a complicated and lengthy process that can be complicated even for the simplest disability claims. A veterans disability attorney can assist you in understanding your options and obtain the benefits you deserve.

A common reason people declare a disability claim is that they are not satisfied with their disability status. In this case, a lawyer can ensure that the evidence is there to justify a proper rating based on a disability condition that was caused or worsened by military service.

A veterans disability lawyer may be needed by people who have waited too long to get their benefits. The lawyer can help determine the missing documents and submit a request the VA for those records.

A veteran disability lawyer can alleviate the burden of dealing with the VA away from your shoulders. This will give you the time to concentrate on your health and any other responsibilities you may have. Some attorneys are veterans, which can give them an innate empathy for their clients. 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 option is a decision-review procedure that allows an experienced reviewer to examine the same evidence presented in the original claim, and then make a new decision. The senior reviewer can confirm or reverse the previous decision to rate.

The person who is the veteran or their representative could ask for an informal conference with the senior reviewer to discuss the case, however, only one such conference is allowed. In this meeting it is essential to prepare and present your case facts clearly. A veterans disability attorney can help you prepare and take part in the informal conference.

The higher-level review is usually used to correct mistakes made by the previous reviewer of a disability claim. For instance an earlier reviewer misinterpreted evidence or committed errors in the law. Senior reviewers are able to correct these mistakes by changing the previous decision but only if it is in the best interests of the claimant.

A personal hearing could be arranged for the applicant as a result of the higher-level review. This is an opportunity for the claimant to meet the person who is reviewing their claim and discuss their arguments. A veterans disability lawyer can help you determine whether it is necessary to request a personal hearing, as well as preparing and presenting the evidence at the hearing.

Notice of Disagreement

You may file a dispute within one year from the date the local office received the initial denial letter. The VA will review your claim again and create an official statement of the case.

To file a disagreement to file a dispute, you must use VA Form 21-958. A disability attorney can help to fill out the form correctly to ensure it is effective in appealing the decision. You do not have to list all the reasons you do not agree with the VA's decision, however, it is recommended to be specific and help the VA understand what you think is wrong. Your attorney can help you determine what evidence to include in the NOD. This could include statements from medical professionals or results from diagnostic tests.

If your appeal is not accepted at this point, you can have it reviewed by a senior judge through an Higher Level Review. It could take as long as 25 months, and you must have your attorney at your side throughout the way. If the VA refuses to accept your claim, your lawyer can request an appeal before an Veterans Law judge to present testimony and other evidence in person. Your attorney will draft your check should your claim be approved.

Statement of the Case

Congress has passed a variety of laws to ensure veterans receive compensation for illnesses, injuries and conditions they have suffered during their time of service. But, the VA is a massive bureaucracy and it is easy to get lost in the maze of regulations. A veteran disability lawyer can help those seeking assistance navigate the system and provide the much-needed assistance.

The VA must examine the case once the veteran has filed an Notice of Dispute at the local VA office. This includes looking into the laws, regulations and evidence used in the initial decision. It also includes examining the medical records of the veteran and when necessary lay statements. The VA must provide the claimant with an official statement of case which includes a list with evidence that it has examined.

The declaration should be written in plain English and should explain the reasoning for the decision, including the interpretation of the regulations and laws affecting the case. It should address any claims raised by the claimant in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days of the date on which the NOD was filed. However, due to the VA backlog and backlog, the agency could delay the release of this document. If you are a veteran seeking to appeal a rating decision or a claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.