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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 overwhelming. The right veterans disability attorney can help you navigate it from start to finish.

It's essential to find an attorney who only has experience in disability law and who handles these cases at all levels of appeal. This will ensure you receive the best legal representation.

Appeal

When the VA denies or does not approve a claim, the spouse of the deceased may appeal. It is a difficult and lengthy process that can be complicated, even for the most basic disability claims. A veteran's disability attorney can help you understand your options and obtain the benefits you deserve.

A common reason for people to declare a disability claim is that they are not satisfied with their disability status. In this case, a lawyer can make sure that there is sufficient evidence to support the proper rating based on a condition caused or made worse by military service.

A veterans disability lawyer may be required by those who have been waiting too long to receive their benefits. The lawyer can assist in determining what documents are missing and can then make a request to the VA for the relevant records.

A veterans disability lawyer will also help you get rid of the burden of dealing directly with the VA. This will allow you to concentrate on your health and any other obligations you have. Some attorneys are veterans, and this can create an unmatched compassion for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans with more options if they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that allows senior reviewers to examine the same evidence as was presented in the original claim and make an additional decision regarding the case. The senior reviewer may affirm or reverse the previous rating decision.

A veteran or their representative could request an informal meeting to discuss the case with the senior reviewer. However only one conference is permitted. It is important to be prepared and provide your case in a concise manner at this time. A lawyer for veterans may assist you in preparing for and take part in the informal conference.

The higher-level review is typically used to correct errors made by the previous reviewer of the disability claim. For instance in the event that the previous reviewer misinterpreted evidence or made errors in the law. Senior reviewers can correct these mistakes by altering the decision made previously but only if it is in the best interest of 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 those seeking to be heard by the person who will be reviewing their claim and to present their case. A veteran disability attorney can help determine whether or not an individual hearing is necessary and also prepare and present evidence during the hearing.

Notice of Disagreement

You can file a dispute within one-year of the date the local office issued the original denial letter. The VA will then review your claim again and prepare a Statement of the Case.

You must make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help to fill out the form in a way that is effective in contesting the decision. It is not necessary to list every reason why you disagree with the decision. However it is best to be specific so that the VA can understand exactly what you believe to be incorrect. Your attorney can assist you in deciding the evidence you should include in the NOD. This could include statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this stage, you have another chance to have it reviewed by an experienced reviewer in form of A Higher-Level Review. This can take up to 25 months, and it is important to have an attorney on your side throughout the process. If the VA is unable to resolve your claim, your lawyer may request a hearing to be held before a Veterans Law Judge to present testimony and additional evidence in person. Your attorney will prepare your check in the event that your claim is approved.

Statement of the Case

Congress has passed a variety of laws to make sure that veterans are compensated for their injuries, illnesses and other ailments that they suffer during their service. The VA is a huge bureaucracy and it's easy for people to be lost. A veteran disability lawyer can assist people navigate the system and provide the assistance they need.

The VA must review the case following the time the veteran has filed an Notice of Dispute at the local VA office. This includes looking into the laws, regulations and evidence used in making the original decision. This includes looking over the medical records of the veteran as well as at times, lay statements. The VA must provide the claimant with the Statement of Case which contains a list of evidence that it has examined.

The declaration should be written simple and clear, and also explain the reasoning behind the decision, including the interpretation of the laws and regulations affecting the case. It should address the claims raised by the claimant in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from the date that the NOD was filed. Due to the VA backlog, it may take longer for the agency to issue the statement. If you are a veteran attempting to appeal the decision of a rating agency or a claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.