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

The process of applying for benefits for veterans disability can seem overwhelming. A veteran disability lawyer can guide you through the procedure.

It's important that you choose an attorney who practices disability law and handles these cases at all levels of appeal. This will ensure you receive the best representation.

Appeal

When the VA denies or does not approve a claim, either the veteran or the surviving spouse can appeal. This is a complex and time-consuming process that can be complicated even with the simplest disability claims. A veteran's disability attorney can assist you in understanding your options and obtain the benefits you deserve.

The most common reason people need to declare an claim for disability is because they are not content with their disability rating. In this instance, the lawyer can ensure that the evidence is in place to support a fair rating based on a debilitating condition caused or exacerbated by military service.

Another reason for people to require a veteran disability lawyer is because they've been waiting too long to receive their benefits. The lawyer can help determine what documents are missing and then submit a request to the VA to obtain those documents.

The help of a veterans disability attorney can also alleviate the burden of dealing with the VA away from your shoulders. This will give you the time to focus on your health and any other responsibilities you may have. Certain attorneys are veterans disability law firms which can give them an exceptional compassion for their clients. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to analyze the same evidence provided in the original claim, and make a new determination. The senior reviewer may affirm or reverse the previous decision to rate.

A veteran or their representative could ask for an informal meeting to discuss the matter with the senior reviewer. However only one of these conferences is permitted. It is important to be prepared and be able to present the facts of your case in a clear manner during this meeting. A veteran disability attorney can assist you in preparing and take part in the informal conference.

Higher-level reviews can be used to correct mistakes made by the previous reviewer on a disability claim that result in failing to interpret evidence or making mistakes in the law. The senior reviewer is able to alter an earlier decision regarding the same claim to rectify these errors but only if the modifications are beneficial to the person filing the claim.

The higher-level review could lead to a personal hearing for the claimant, which is an opportunity to meet with the person who will be reviewing the claim and to explain their arguments. A veterans disability law firm disability lawyer can help you determine whether or not it is required to request a personal hearing, and with preparing and presenting the evidence at the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to an assessment, you may make a formal notice of disagreement within one year from the date the local office gives you the initial denial letter. The VA will review the case again and create an Statement of the Case.

You must use VA Form 21-0958 to file a notice of disagreement. An attorney for disabled people can help you fill out this form in a manner that is effective in contesting the decision. It is not necessary to list all the reasons you disagree with the VA's decision, but it is advisable to be specific in order to help the VA understand what you think is wrong. Your attorney can help you decide the evidence you should include in the NOD. These could be statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point, you can request that it be reviewed again by a senior reviewer through a Higher Level Review. This can take up to 25 months, and it is important to have your attorney at with you every step of the process. If the VA denies your claim your lawyer can request an appeal before a Veterans Law judge to present evidence and testimony in person. If your claim is ultimately granted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed many laws to ensure veterans receive compensation for illnesses, injuries, and conditions they have suffered during their service. But the VA is a massive bureaucracy, and it's easy to become lost in the system. A veteran disability lawyer can assist claimants navigate the system and offer the assistance they need.

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

This statement should explain in a clear manner the reasoning behind the decision, and how it interpreted the laws and regulations that affected the case. It should address any claims made by the claimant in the NOD.

The Statement of the Case is usually mailed to the veteran within 120 days of when the NOD was filed. Due to the VA backlog, it could take the agency longer to issue the statement. If you're a veteran seeking to appeal an appeal of a rating decision or claim for benefits, please contact a lawyer for Veterans Disability Law Firms disability from Fusco, veterans disability law firms Brandenstein & Rada, P.C.