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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 attorney can assist you from beginning to end.

It's crucial to find an attorney that 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 representation.

Appeals

When the VA decides to deny or not approve a claim, either the spouse or the veteran who is surviving can file an appeal. Even the most basic disability claims could complicate this complex and time-consuming procedure. A veterans disability law firm disability attorney, check over here, can assist you in understanding your options and ensure you receive the benefits you deserve.

One common reason that people submit an application for disability benefits is that they are not satisfied with the disability rating they have received. In this case, a lawyer can make sure that all the evidence is in place to support an appropriate rating based on a disability condition that was caused or worsened by military service.

Another reason that people tend to need a veterans disability lawyer is that they've been waiting too long for benefits. The lawyer can help determine the missing documents and submit a request to the VA to obtain those documents.

A veteran disability lawyer can help you deal with the VA away from you. This allows you to concentrate on your health and any other responsibilities that you may have. Some lawyers are veterans themselves, and this can give them a unique level of compassion for their clients and make them more invested in their cases. This can make a big difference in the result of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans disability law firms to have more options when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to examine the same evidence that was presented in the original claim, and make a new determination. The senior reviewer has the option to either confirm or reverse the previous rating.

The veteran or their representative may request a meeting with the senior reviewer to discuss the case, however, only one of these conferences is allowed. For this meeting it is important to prepare and present your case's facts in a clear way. A veterans disability attorney can help you prepare and take part in the informal conference.

The higher-level reviews are typically used to correct mistakes made by the previous reviewer of the disability claim. For example when the previous reviewer misinterpreted evidence or made mistakes in the law. Senior reviewers can correct the errors by changing a previous decision, but only when it is beneficial to the claimant's interests.

The more extensive review can result in a personal hearing for the claimant, which is an opportunity to connect with the person who will be reviewing the claim and to explain the arguments. A veterans disability lawyer can help determine whether a personal hearing is required and can also prepare and present evidence for the hearing.

Notice of Disagreement

You may file a complaint within one year from the day the local office sent you the initial denial letter. The VA will review your case again and create a Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. You don't need to list every reason why you disagree with the decision. However, it is better to be specific so that the VA can understand exactly what you believe to be incorrect. Your attorney can provide guidance on the kind of evidence to include along with the NOD, such as statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this stage, then you can have it reviewed again by a senior reviewer through an Higher Level Review. This process could take up to about 25 months and you must be in contact with your lawyer at all times. If the VA is unable to resolve your claim, your lawyer may request that a hearing be conducted before an Veterans Law Judge to present evidence and testimony in person. If your claim is accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has enacted a number of laws to make sure that veterans are compensated for ailments, injuries and illnesses that they suffer during their service. The VA is a massive bureaucracy and it's not difficult to get lost. A veteran disability attorney can help you navigate the process and provide crucial assistance for those seeking assistance.

Once a veteran has filed a Notice of Disagreement with his or her local VA office, the VA must conduct an examination of the case. This includes looking into the regulations, laws and the evidence used to make the original decision. It also includes examining the veteran's medical records and in the event of a need, lay statements. The VA must provide the applicant with a Statement of Case, that includes a list of evidence it has analyzed.

The statement should state clearly the reasoning behind the decision, and how it determined the law and regulations that affected the case. It should address all contentions the claimant raised in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was filed. However, due to the VA backlog, the agency may delay the release of this document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about the basis of a rating or a claim for benefits.