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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. A veterans disability lawyer can help you navigate the procedure.

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

Appeals

When the VA decides to deny or not consider a claim, the spouse of the deceased can file an appeal. Even the simplest disability claims can complicate this complex and time-consuming procedure. A commerce veterans Disability Lawyer disability attorney can help you understand your options and ensure you receive the benefits you deserve.

The most common reason people declare a disability claim is because they are dissatisfied with their disability rating. In this situation, the lawyer can ensure that the evidence is in place to support a valid rating based upon a disabling condition that is caused or exacerbated by military service.

A lawyer for veterans may be required by those who have had to wait too long for their benefits. The lawyer can help determine what documents are missing and then submit an inquiry for these records to the VA.

A veterans disability attorney can also help you deal with the VA away from you. This gives you the time to concentrate on your health, as well as any other obligations you have. Some attorneys are veterans themselves which can give them a unique empathy for their clients and create a deeper investment in their cases. This can make a big difference in the result of the appeal.

Higher-Level Reviews

Since the lansing veterans disability lawsuit Appeals Improvement and commerce veterans Disability Lawyer Modernization Act of 2017 (AMA) Veterans have more options if they do not agree with VA decisions on their claims. The Higher-Level Review is a decision review option that permits senior reviewers to look at the same evidence as was presented in the original claim and then make a new decision on the case. The senior reviewer can confirm 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 such conference is allowed. For this meeting it is essential to prepare and present your case facts in a clear way. A veterans disability attorney can help you prepare and take part in the informal conference.

Higher-level reviews are often used to correct errors made by the reviewer who was earlier in the case of a disability claim, such as misinterpreting evidence or making errors in the law. Senior reviewers are able to correct these mistakes by reversing a previous decision however only if it is in the best interest of the claimant.

The higher-level review could lead to a personal hearing for the applicant, which gives the claimant an opportunity to connect with the person who will be reviewing the claim, and explain the arguments. A veterans disability lawyer can assist with determining whether it's necessary 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 a decision, you are able to submit a notice of disagreement within one year of the date that the local office sends you the original denial letter. The VA will examine your claim once more and draft a Statement of the Case.

In order to file a disagreement, you should use VA Form 21-958. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. You don't have to list every reason why you are not with the decision; however it is recommended to be specific so that the VA can understand exactly what you believe to be incorrect. Your attorney can advise you about the type of evidence you can submit to support the NOD, like statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point You have a second chance to be reviewed by an experienced reviewer in the form of an Higher-Level Review. This can take up to 25 months, and it is important to have an attorney on your side every step of the way. If the VA rejects your claim, your lawyer may request an appointment with a Veterans Law judge to present testimony and other evidence in person. Your lawyer will draft your check if your claim is awarded.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for illnesses, injuries and conditions they have suffered during their service. The VA is a large bureaucracy, and it's easy to be lost. A veteran disability lawyer can assist in navigating the process and offer much-needed assistance for applicants.

Once a veteran files a Notice of Disagreement in his or local VA office, the agency must conduct an investigation of the case. This includes examining the laws, regulations and evidence used to make the original decision. This includes reviewing the medical records of the veteran as well as when necessary, lay statements. The VA must provide the applicant with a Statement of Case, which includes a list of evidence that it has reviewed.

The statement should state in clear language the reasoning behind the decision, as well as how it decided to interpret the laws and regulations that impacted the case. It should address the allegations made by the plaintiff in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was filed. However due to the VA backlog and backlog, the agency could take longer to mail this document. If you are a veteran seeking to appeal a rating decision or a claim for benefits, please contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.