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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 appear overwhelming. A good veterans disability attorney will guide you from beginning to end.

It's essential to find a lawyer who limits their law practice to disability cases, and only handles those cases at all levels of appeal. This helps ensure you'll be receiving the best legal representation.

Appeals

When the VA denies or does not approve a claim, the spouse of the deceased may appeal. This is a lengthy and lengthy process that can be complicated even with the most basic disability claims. A veterans disability lawyer can assist you in understanding all of your options and secure the benefits you deserve.

A common reason why people file a claim for disability is that they are unhappy with their disability status. In this instance a lawyer can be sure that there is sufficient evidence to justify an appropriate rating in light of a condition that was that is caused or worsened by military service.

Another reason for people to require a veterans disability lawyer is because they've waited too long for benefits. The lawyer can assist in determining what documents are missing, and then make an inquiry for these records to the VA.

A lawyer for veterans disability law Firms will also help you get rid of the burden of dealing directly with the VA. This will let you focus on your health and any other obligations you have. Some lawyers are veterans, which can give them a unique compassion for their clients. 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) allows veterans to have more options if they do not agree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review option that allows an experienced reviewer to analyze the same evidence as in the original claim and make a fresh decision. The senior reviewer may affirm or reverse the previous rating decision.

A veteran or their agent may request an informal meeting to discuss the matter with the senior reviewer. However, only one of these conferences is allowed. It is important to be prepared and present your case in a concise manner at this meeting. A veteran disability attorney can assist you in preparing for and participate 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 in the event that the previous reviewer misinterpreted evidence, or made errors in the law. The senior Veterans disability Law firms reviewer can change an earlier decision on the same claim in order to fix these types of mistakes but only if the modifications are beneficial for the claimant.

The more extensive review can result in a hearing for the applicant, which is an opportunity to connect with those who are reviewing the claim, and explain the arguments. A veterans disability law firms disability lawyer can help determine whether it is required to request a personal hearing, as well as preparing and presenting the evidence at the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued an assessment, you may file a notice of disagreement within one year of the date that the local office mails you the original denial letter. The VA will then review your case once more and prepare a Statement of the Case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out this form in a proper manner to appeal the decision. It is not necessary to list every reason you disagree with the VA's decision however, it is recommended to be specific to help the VA determine what you think is wrong. Your attorney can guide you about the type of evidence you can submit with the NOD, including statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this point, you can have it re-examined again by a senior reviewer through a Higher Level Review. This could take anywhere from 25 months, and it is important to have your attorney at your side every step of the way. If the VA refuses to accept your claim, your lawyer may request that a hearing be held before an Veterans Law Judge to present evidence and testimony in person. If your claim is ultimately awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans are paid for their ailments, injuries and illnesses suffered during service. The VA is a big bureaucracy, and it's easy to get lost. A veteran disability lawyer can assist those seeking assistance navigate the system and provide much needed assistance.

Once a veteran files a Notice of Disagreement with his or local VA office, the agency must conduct an investigation into the case. This includes reviewing the regulations, laws, and the evidence used in the original decision. This includes reviewing the medical records of the veteran as well as in the event of a need lay statements. The VA must provide the claimant with a Statement of Case, which contains a list of all the evidence it has examined.

The statement should be in plain language and provide the reasoning behind the decision, including the interpretation of the regulations and laws affecting the case. It should address all assertions made by the claimant in his or her 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 might 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, you should contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.