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

The process of obtaining veterans disability benefits can be a challenge. A lawyer who is a veterans disability attorney can guide you through the process.

It's crucial to find an attorney that only handles disability law and these cases at all levels of appeal. This helps ensure you'll be receiving the best representation.

Appeals

If the VA denies or does not consider a claim, the spouse or the veteran who is surviving can appeal. This is a complicated and lengthy process that could be complicated even for the most simple disability claims. A veterans disability lawyer can help you understand the various options available and secure the benefits you deserve.

The most common reason people have to file an claim for disability is because they are unhappy with their disability rating. In this instance, the lawyer can make sure that the evidence is in place to support a valid rating based on a disabling condition caused or exacerbated by military service.

Another reason for people to seek out a veterans disability lawyer is that they've waited too long for benefits. The lawyer can help determine what documents are not available, and then make a request for these records to the VA.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will allow you the time to focus on your health and any other obligations you might have. Certain attorneys are veterans disability law firm themselves and Veterans Disability this can provide them a unique form of empathy with their clients and create a deeper investment in their cases. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Veterans can appeal VA decision if they disagree. The Higher-Level Review is a decision review option that permits the senior reviewer to review the same evidence as was presented in the original claim and then make an additional decision on the case. The senior reviewer is able to confirm or reverse the previous rating decision.

A veteran or their representative may request an informal meeting to discuss the case with the senior reviewer. However only one of these conferences is permitted. It is important to be prepared and explain the facts of your case in a clear way at this conference. An attorney for veterans disability law firms can help you prepare and take part in the informal conference.

Higher-level reviews are usually used to correct mistakes by the reviewer who was earlier in the case of a disability claim that result in misinterpreting evidence or making errors in the law. The senior reviewer can change the previous decision made on the same claim in order to fix these types of mistakes, but only if those modifications are beneficial to the person filing the claim.

A hearing at a personal level can be scheduled for the claimant in the wake of the review at a higher level. This is an opportunity for the applicant to meet with the person who is reviewing their case and to present their case. A veteran disability attorney can help determine whether an individual hearing is necessary and can also prepare and present the evidence for the hearing.

Notice of Disagreement

You may file a dispute within one year from the date the local office sent 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 with the VA, you should fill out VA Form 21-958. A disability attorney can assist to fill out the form in a way that is effective in appealing the decision. You don't have to include every reason why you are not with the decision. However it is recommended to be specific in order that the VA is aware of what you believe to be wrong. Your attorney can help you determine what evidence to include with the NOD. This could include statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this stage, then you can have it reviewed by a senior judge through an Higher Level Review. This process can take about 25 months and you must be with your lawyer at all times. If the VA still denies your claim, your lawyer may request a hearing to be conducted before an Veterans Law Judge to present testimony and additional evidence in person. Your lawyer will draft your check should your claim be approved.

Statement of the Case

Congress has passed a number of laws to ensure that veterans receive compensation for illnesses, injuries, and other ailments they've suffered during their time of service. However, the VA is a huge bureaucracy, and it's easy to become lost in the system. A veteran disability lawyer can help those seeking assistance navigate the system and offer much needed assistance.

The VA must review the case after the veteran has filed an official Notice of Dispute with the local VA office. This includes examining the regulations, laws, and the evidence used in the initial decision. This includes looking over the medical records of the veteran and when necessary, lay statements. The VA must provide the claimant with an Statement of Case which contains a list of evidence that it has reviewed.

The statement should be written in plain language and explain the reasoning of the decision, which should include the interpretation of the laws and regulations affecting the case. It should address any claims made by the plaintiff in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was submitted. However due to the VA backlog it could delay the release of the document. If you're a veteran attempting to appeal an appeal of a rating decision or claim for benefits, you should contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.