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

The process of getting veterans disability benefits can be overwhelming. The right attorney for veterans can guide you from beginning to end.

It is essential to locate an attorney who handles disability law and cases of this nature at all levels of appeal. This will ensure that you get the best legal representation.

Appeal

When the VA decides to deny or not approve a claim, the spouse or the veteran who is surviving can appeal. This is a lengthy and lengthy procedure that can be complicated even for the most straightforward disability claims. A veteran disability lawyer can assist you in understanding all your options and secure the benefits you deserve.

A common reason why people declare a disability claim is because they are unhappy with their disability rating. In this case a lawyer can be sure there is enough evidence to back an appropriate rating based on a condition caused or made worse by military service.

Another reason that people tend to need a veterans disability lawyer is because they've been waiting too long to receive their benefits. The lawyer can assist in determining the missing documents and then submit a request to the VA to obtain those documents.

A lawyer for veterans' disability will also help you get rid of the burden of dealing directly with the VA. This allows you to concentrate on your health and other obligations that you may have. Certain attorneys are veterans themselves which can give them a unique compassion for their clients. They also increase the stakes in their cases. This can make a massive 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 when they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that permits a senior reviewer to examine the same evidence as was presented in the original claim and then make a new decision on the case. The senior reviewer can affirm or reverse the previous rating decision.

A veteran or their representative can ask for an informal meeting to discuss the case with the senior reviewer. However only one of these conferences is permitted. It is important to be prepared and be able to present your case in a concise manner at this meeting. An attorney who specializes in the field of veterans disability can assist to prepare and Firm take part in the informal conference.

Higher-level reviews are usually utilized to correct errors made by the earlier reviewer in a disability claim that result in mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct these mistakes by reversing a previous decision but only if it is in the claimant's best interest.

The more thorough review may result in a private hearing for the claimant which is an opportunity to meet with the person who will be reviewing the claim, and firm explain their arguments. A lawyer for veterans can assist with determining whether it is necessary to request a private hearing, and also with making and presenting the evidence at the hearing.

Notice of Disagreement

You may file a complaint within one year from the day the local office received the initial denial letter. The VA will examine your claim once more and draft an official statement of the case.

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

If your appeal is rejected 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 you must have your lawyer by your side every step of the procedure. If the VA still denies your claim, your lawyer could request a hearing to be conducted before an Veterans Law Judge to present evidence and testimony in person. If your claim is ultimately granted, your lawyer will prepare you for the check.

Statement of the Case

Congress has passed many laws to ensure that veterans receive compensation for illnesses, injuries and ailments they've experienced during their time of service. The VA is a big bureaucracy and it's not difficult to get lost. A veteran disability lawyer can help people navigate the system and provide the assistance they need.

The VA must review the case after 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. This includes reviewing the veteran's medical record and when necessary, lay statements. The VA must provide the applicant with an Statement of Case which contains a list of evidence it has analyzed.

The declaration should be written in plain language and provide the reasoning behind the decision, including the interpretation of the law and regulations affecting the case. It should address all arguments made by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was filed. However due to the VA backlog and backlog, the agency could take longer to mail this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision regarding a rating or a claim for Firm benefit.