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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 benefits can be overwhelming. The right veterans disability attorney can assist you from start to finish.

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

Appeals

If the VA decides to deny or not approve a claim, the spouse or the veteran who is surviving can file an appeal. Even the most basic disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veterans disability attorney can help you understand your options and obtain the benefits you deserve.

One common reason that people need to make an application for disability benefits is that they are not happy with their disability status. In this case, a lawyer can make sure that there is sufficient evidence to justify an appropriate rating for a condition that is that is caused or worsened by military service.

Another reason for people to need a veterans disability attorneys disability lawyer is that they've been waiting for too long to receive benefits. The lawyer can assist in determining the missing documents, and then make an inquiry for these records to the VA.

A lawyer for veterans can also relieve you of the burden of dealing directly with the VA. This will allow you the time to concentrate on your health, and any other obligations you have. Certain attorneys are veterans which can give them an exceptional empathy for their clients. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions if they do not agree. The Higher-Level Review is a decision review option that permits the senior reviewer to look at the same evidence that was presented in the original claim and then make a new decision on the case. The senior reviewer can choose to either confirm or reverse the previous rating.

A veteran or their representative could ask for an informal meeting to discuss the matter with the senior reviewer. However only one conference is permitted. In this meeting it is important to prepare and present your case facts in a clear manner. A veterans disability attorney can help you prepare and participate in the informal conference.

The higher-level review is typically used to correct mistakes made by the previous reviewer of the disability claim. For example, if the earlier reviewer misinterpreted the evidence or made errors in the law. The senior reviewer is able to alter an earlier decision on the same claim to fix these types of errors however only if the changes are advantageous to the applicant.

The higher-level review could lead to a personal hearing for the claimant, which is an opportunity to talk to the person reviewing the claim and to explain their arguments. A lawyer for veterans disability can help you determine whether it's required to request a personal hearing, and also with making and presenting the evidence at the hearing.

Notice of Disagreement

You can file a dispute within one year from the day the local office sent you the original denial letter. The VA will review your case once more and prepare a Statement of the Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out the form correctly to appeal the decision. You don't have to list every reason you don't agree with the decision; however it is best to be specific in order that the VA knows exactly what you believe to be wrong. Your attorney can advise you on the evidence you should submit to support the NOD, like statements from medical professionals or the results of diagnostic tests.

If your appeal is not accepted at this point, you can ask to have it reviewed by a senior judge through an Higher Level Review. This could take up to 25 months, and you must have an attorney on all the way. If the VA refuses to accept your claim, your lawyer can request a hearing to be held before an Veterans Law Judge to present evidence and testimony in person. If your claim is awarded, your attorney will prepare you for veterans disability attorney the check.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans are paid for their injuries, illnesses, and other conditions incurred during service. The VA is a huge bureaucracy and it's easy to be lost. A veteran disability attorney can help you navigate the process and provide vital assistance for those seeking assistance.

If a veteran files a Notice of Disagreement in his or her local VA office, the VA must conduct a review of the case. This includes looking at the laws, regulations and evidence used to reach the initial decision. This includes reviewing the medical records of the veteran as well as at times lay statements. The VA must provide the claimant with a Statement of Case, which includes a list with evidence that it has reviewed.

This statement should describe in plain language the reasoning behind its decision, as well as how it interpreted the laws and regulations that affected the case. It should address all the claims made by the plaintiff in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was filed. Due to the VA backlog it may take the agency longer to issue the document. If you are a veteran who is appealing a decision on your rating or claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.