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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. The right veterans disability attorney will guide you from beginning to end.

It is essential to find a lawyer who limits their law practice to disabilities and only handles these cases at every level of appeal. This ensures you're getting the best representation.

Appeal

If the VA rejects a claim or does not accept benefits, it permits the veteran or his or spouse who is surviving to appeal. Even the simplest disability claims can complicate this complex and time-consuming procedure. A veterans disability attorney can assist you in understanding your options and get the benefits you deserve.

A common reason why people are required to file an application for disability benefits is that they are not content with their disability status. In this case lawyers can make sure there is enough evidence to justify the proper rating due to a condition caused or made worse by military service.

Another common reason for people to seek out a veterans disability lawyer is because they've been waiting too long for benefits. The lawyer can assist in determining what documents are missing and can then make a request to the VA for those records.

Having a veterans disability lawyer can help you deal with the VA away from your shoulders. This will give you time to concentrate on your health, and any other responsibilities you may have. Some lawyers are veterans disability lawsuits and this may result in an innate empathy for their clients. This can make a huge 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 disagree with VA decisions on 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 new determination. The senior reviewer is able to affirm or reverse the previous rating decision.

A veteran or their agent may request an informal conference to discuss the case with the senior reviewer. However only one of these conferences is permitted. At this conference, it is important to prepare and present your case facts in a concise manner. A veterans disability attorney can help you prepare and participate in the informal conference.

Higher-level reviews can be used to correct mistakes made by the previous reviewer in a disability claim that result in not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these errors by changing the previous decision however only if it is beneficial to the claimant's interests.

A hearing at a personal level can be scheduled for the applicant as a result of the review at a higher-level. This provides the claimant to meet with the person who will be reviewing their claim and to present their case. A veterans disability lawyer can help decide whether a personal hearing is needed, as well as prepare and present evidence for 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 review your case again and issue an official statement of the case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can assist to fill out the form correctly so that it is effective in appealing the decision. You don't have to list all the reasons you don't agree with the VA's decision but it is important to be specific in order to help the VA know what you believe is wrong. Your attorney can provide guidance about the type of evidence you can submit in the NOD including statements from medical professionals or veterans disability attorney results of diagnostic tests.

If your appeal is rejected at this point, you can have it re-examined by a senior judge through a Higher Level Review. This process can take 25 months and you should be in contact with your attorney at every step. If the VA is unable to resolve your claim, your lawyer could request that a hearing be held before an veterans disability lawsuit 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 numerous laws to make sure that veterans are compensated for injuries, illnesses, and other conditions that they suffer during their service. The VA is a large bureaucracy and it's easy for people to become lost. A veteran disability lawyer can guide you through the process and provide vital assistance to claimants.

Once a veteran files a Notice of Disagreement with his local VA office, the agency must conduct a review of the case. This includes looking into the laws, regulations and evidence used to make the initial decision. This includes looking over the medical records of the veteran and at times lay statements. The VA must provide the claimant with a Statement of the Case that includes a list of all evidence it studied.

This statement should describe in a clear manner the reasoning behind the decision, including how it interpreted the laws and regulations that impacted the case. It should address all contentions the claimant raised in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days of the date that the NOD was filed. However due to the VA backlog and backlog, the agency could take longer to issue this document. If you are a veteran seeking to appeal a decision on your rating or claim for benefits, you should contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.