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

The process of submitting an application for benefits from veterans disability may be overwhelming. The right veterans disability attorney will guide you from start to finish.

It's important that you find an attorney who only is skilled in disability law and can handle these cases at all levels of appeal. This will ensure that you get the most effective representation.

Appeals

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

One common reason that people are required to make a disability claim is because they are not satisfied with the disability rating they have received. In this situation, the lawyer can make sure that all the evidence is in place to support an appropriate rating based on a disability condition that is caused or exacerbated by military service.

Another reason for people to require a veteran disability lawyer is because they have been waiting for too long to receive benefits. The lawyer can help determine what documents are missing and submit a request the VA for the relevant records.

A veteran disability lawyer can also take away the burden of dealing directly with the VA. This will allow you to concentrate on your health and any other obligations you have. Some lawyers are veterans and this can create an unmatched empathy for their clients. This can make a big 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 on their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to look at the same evidence that was presented in the original claim, and then make a new decision. The senior reviewer can either confirm or reverse the previous decision to rate.

The person who is the veteran or their representative could ask for an informal conference with the senior reviewer to discuss the case, but only one such conference is allowed. At this conference it is essential to prepare and present your case's details in a clear way. A veterans disability lawyers disability attorney can assist you in preparing for and take part in the informal conference.

The higher-level reviews are typically used to correct errors made by the previous reviewer of a disability claim. For example an earlier reviewer misinterpreted evidence or committed errors in the law. Senior reviewers can correct these mistakes by changing the previous decision but only if it is in the best interests of the claimant.

The more thorough review may result in a personal hearing for the claimant which is an opportunity to speak with the person who is reviewing the claim and to explain their arguments. A veterans disability lawyer can assist with determining whether or not it is necessary to request a personal hearing, as well as preparation and presenting evidence at the hearing.

Notice of Disagreement

You may file a complaint within one year from the date the local office issued the original denial letter. The VA will then review your case again and issue an official statement of the case.

To file a disagreement to file a dispute, you must use VA Form 21-958. A disability lawyer can help you complete the form correctly so that it is effective in appealing the decision. It is not necessary to list all the reasons you disagree with the VA's decision however, it is recommended to be specific to help the VA to understand what you believe is wrong. Your attorney can advise you on the kind of evidence to include in the NOD for example, statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this stage, you have another chance to have it reviewed by an experienced reviewer in form of a Higher-Level Review. The process can take between 25 and up to 25 months, and you should be in contact with your lawyer throughout the process. If the VA is unable to resolve your claim, your lawyer may request a hearing to be held before a Veterans Law Judge to present testimony and additional evidence in person. If your claim is ultimately awarded, your attorney will prepare you for the check.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans receive compensation for ailments, injuries and illnesses that they suffer during their service. However, the VA is a huge bureaucracy that is easy to become lost in the system. A veteran disability lawyer can help navigate the process and provide vital assistance to those who are seeking benefits.

The VA must examine the case once a veteran has filed an official Notice of Dispute with the local VA office. This includes looking into the regulations, laws and evidence used in making the initial decision. This includes looking over the veteran's medical record and at times lay statements. The VA must provide the applicant with an official statement of case which includes a list of evidence that it has examined.

The statement should state in clear language the reasoning behind its decision, including how it interpreted the laws and regulations that affected the case. It should address all the assertions made by the claimant in his or her NOD.

The Statement of the Case is usually mailed to the veteran within 120 days from when the NOD was filed. However due to the VA backlog, the agency may delay the release of the document. If you're a veteran appealing the decision of a rating agency or a claim for benefits, you should contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.