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

The process of submitting an application for veterans disability benefits can be overwhelming. A good veterans disability attorney can guide you from start to finish.

It is essential to find a lawyer who has a limit on their practice to disability cases, and only handles those cases at all levels of appeal. This ensures that you're getting the best representation.

Appeals

When the VA denies a claim or fails to accept benefits, it permits the veteran, or his or veterans disability attorney spouse who is surviving to appeal. This is a lengthy and lengthy process that could be complicated even by the most simple disability claims. A veterans disability attorney can assist you in understanding your options and help you get the benefits you deserve.

The most common reason for people to submit a claim for disability is that they are unhappy with their disability rating. In this instance, the lawyer can ensure that the evidence is there to justify a proper rating based on a disabling condition caused or exacerbated by military service.

Another reason that people tend to require a veterans disability lawyer is because they have been waiting too long for benefits. The lawyer can help determine what documents are missing, and then make a request for these records to the VA.

A veteran disability lawyer can also relieve you of the burden of dealing directly with the VA. This gives you the time to focus on your health, as well as any other responsibilities you may have. Some lawyers are veterans, and this can create a unique compassion for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Since the longview veterans disability lawsuit Appeals Improvement and Modernization Act of 2017 (AMA), veterans have more options if they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to look at the same evidence as in the original claim, and make a fresh determination. The senior reviewer can either affirm or reverse the previous rating decision.

The veteran or their representative may request an informal meeting with the senior reviewer to discuss the case, however, only one conference is allowed. It is essential to be prepared and be able to present your case in a concise manner at this meeting. An attorney for veterans can assist you in preparing and take part in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of an appeal for disability. For example an earlier reviewer misinterpreted evidence or committed errors in the law. Senior reviewers can correct these mistakes by altering the decision made previously however only if it is in the best interest of the claimant.

The more thorough review may lead to a personal hearing for the applicant, which gives them the chance to meet with the person who is reviewing the claim and to explain the arguments. A veteran disability lawyer can help determine whether or not a personal hearing is needed and also prepare and present the evidence during the hearing.

Notice of Disagreement

After the VA has examined your claim and reached a decision, you are able to file a written notice of disagreement within one year of the date when the local office mails you the original denial letter. The VA will then review your case again and create a Statement of the Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist you fill out this form in a way that is effective in contesting the decision. It is not necessary to list every reason that you disagree with the decision; however it is better to be specific so 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 be statements from medical professionals, or results from diagnostic tests.

If your appeal is not granted at this stage You have a second chance to have it reviewed by a senior reviewer in form of a Higher-Level review. This can take up to 25 months, and you should have an attorney on with you every step of the procedure. If the VA denies your claim your lawyer can request a hearing before a Veterans Law judge to present testimony and other evidence in person. Your attorney will draft your check should your claim be approved.

Statement of the Case

Congress has written extensive laws to make sure that veterans are compensated for injuries, illnesses and other ailments suffered during service. The VA is a large bureaucracy and it's easy for people to be lost. A veteran disability lawyer can help those seeking assistance navigate the system and provide the assistance they need.

The VA must review the case following the time the veteran has filed a Notice of Dispute with the local VA office. This includes examining the regulations, laws and the evidence used to make the initial decision. This includes reviewing the medical records of the veteran and at times lay statements. The VA must provide the claimant with a Statement of Case, which includes a list with evidence that it has examined.

This statement should explain in plain language the reasoning behind the decision, and how it interprets the laws and regulations that impacted the case. It should address all the contentions the claimant raised in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days from when the NOD was filed. Due to the VA backlog, it could take longer for the agency to issue the statement. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about a rating or a claim for benefit.