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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 lawsuit disability benefits can be overwhelming. The right veterans disability attorney can assist you from beginning to end.

It's important that you find an attorney who only has experience in disability law and who handles cases of this nature at all levels of appeal. This ensures you're getting the best representation.

Appeals

When the VA refuses or fails to approve a claim, either the spouse of the deceased can appeal. Even the most basic disability claim can make it difficult to navigate this complicated and time-consuming procedure. A veterans disability attorney can help you understand your options and ensure you receive the benefits you deserve.

A common reason why people are required to declare a disability claim is that they are unhappy with their disability status. In this instance, the lawyer can make sure that the evidence is there to support an appropriate rating based on a disabling condition caused by or aggravated by military service.

A veterans disability lawyer may be needed by people who have waited too long to get their benefits. The lawyer can assist in determining what documents are missing and submit a request to the VA for those records.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will allow you the time to focus on your health, as well as any other responsibilities you may have. Some attorneys are veterans, and this can result in a unique empathy for their clients. This can make a major 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 if they do not agree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer examine the same evidence that was presented in the original claim and make a new determination. The senior reviewer is able to either confirm or reverse the previous rating.

A veteran or their representative may request an informal meeting to discuss the matter with the senior reviewer. However, only one conference is permitted. At this meeting it is crucial to prepare and present your case facts in a concise manner. A veterans disability attorney can assist you in preparing and take part in the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of a disability claim. For instance in the event that the previous reviewer misinterpreted the evidence or made mistakes in the law. The senior reviewer is able to alter an earlier decision regarding the same claim to correct these kinds of errors however only if those changes are advantageous to the person filing the claim.

A personal hearing can also be arranged for the applicant as a result of the review at a higher level. This gives the claimant to meet with the person reviewing their claim and explain the arguments. A lawyer who is a veteran can assist with determining whether or not it's necessary to request a personal hearing, as well as with making and presenting the evidence during the hearing.

Notice of Disagreement

You may file a dispute within one year from the date the local office received the initial denial letter. The VA will review your case once more and prepare an official statement of the case.

You must make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out the form correctly to appeal the decision. It is not necessary to list every reason you do not agree with the VA's decision however, Veterans Disability Attorney it is recommended to be specific in order to assist the VA understand what you think is wrong. Your attorney can help you determine what evidence to include with the NOD. This could be statements from medical professionals, or the results of diagnostic tests.

If your appeal is not accepted at this point, you can have it re-examined again by a senior reviewer through a Higher Level Review. It could take as long as 25 months, and you must have your lawyer by your side every step of the process. If the VA rejects your claim, your attorney can request an appeal before a Veterans Law judge to present testimony and other evidence in person. If your claim is accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans are paid for their injuries, illnesses and conditions that they suffer during their service. But, the VA is a massive bureaucracy and it's easy to get lost in the system. A veteran disability lawyer can assist applicants navigate the system and provide the assistance they need.

Once a veteran has filed a Notice of Disagreement with his her local VA office, the VA must conduct an investigation into the case. This includes looking into the regulations, laws and the evidence used to make the initial decision. This includes reviewing the medical record of the veteran as well as when necessary lay statements. The VA must send the claimant a Statement of Case which is a list of all evidence that it has looked over.

This statement should be in plain language and explain the reasoning for the decision, including the interpretation of the laws 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 when the NOD was received. However due to the VA backlog and backlog, the agency could delay the release of the document. If you are a veteran seeking 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.