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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 may seem overwhelming. A qualified veterans disability lawyer will guide you from start to finish.

It's important to choose a lawyer who restricts their practice to disability cases and only handles these cases at every stage of appeal. This will ensure that you're getting the best representation.

Appeals

If the VA decides to deny or not approve a claim, either the spouse or the veteran who is surviving may appeal. Even the simplest disability claims can make this a complicated and lengthy procedure. A veterans disability attorney can assist you in understanding your options and obtain the benefits you deserve.

A common reason for people to submit a claim for disability is because they are unhappy with their disability rating. In this situation an attorney can make sure there is enough evidence to support an appropriate rating based on a condition caused or made worse by military service.

A veterans disability lawyer (mouse click the following webpage) may be needed by people who have not received their benefits. The lawyer can help determine the missing documents and submit a request the VA for those records.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will give you the time to focus on your health, and any other responsibilities you may have. Some attorneys are veterans themselves and this can provide them a unique level of compassion for their clients and increase the stakes in their cases. This can make a big difference in the result of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans disability attorneys to have more options if they do not agree with VA decisions on their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer to look at the same evidence presented in the original claim and make a fresh determination. The senior reviewer can choose to either confirm or reverse the previous rating.

A veteran or their representative may arrange for an informal conference to discuss the matter with the senior reviewer. However, only one of these conferences is allowed. At this conference it is essential to prepare and present your case's details in a clear manner. A veteran disability attorney can help you prepare for and take part in the informal conference.

The higher-level review is often used to correct mistakes made by the previous reviewer of an appeal for disability. For example when the previous reviewer misinterpreted the evidence or made errors in the law. The senior reviewer can change a prior decision on the same claim in order to correct these kinds of mistakes however only if those changes are advantageous to the claimant.

A hearing at a personal level can be arranged for the applicant as a result of the review at a higher-level. This is a chance for those seeking to be heard by the person who is reviewing their claim and explain the arguments. A veterans disability lawyer can help determine whether it's required to request a personal hearing, as well as creating and presenting evidence during the hearing.

Notice of Disagreement

Once the VA has looked over your claim and come to a decision, you are able to file a notice of disagreement within one year of the date that the local office sends you the initial denial letter. The VA will then review your case once more and prepare an official statement of the case.

In order to file a disagreement for a disagreement, you should file VA Form 21-958. A disability lawyer can help you fill out the form correctly to appeal the decision. You do not have to list every reason you disagree with the VA's decision but it is best to be specific in order to help the VA determine what you think is wrong. Your attorney can advise you on what evidence to submit along with the NOD, for example, statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this stage If you are denied, you can try again to get it reviewed by a senior reviewer in form of a Higher-Level Review. This process could take up to about 25 months and you must be 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 a Veterans Law Judge to present evidence and testimony in person. Your attorney will draft your check should your claim be approved.

Statement of the Case

Congress has passed many laws to ensure that veterans receive compensation for illnesses, injuries, and other ailments they've suffered during their time of service. But, the VA is a huge bureaucracy and it's easy to get lost in the system. A veteran disability lawyer can assist in navigating the process and offer much-needed assistance for applicants.

The VA must examine the case once a veteran has filed an official Notice of Dispute with the local VA office. This involves examining the regulations, laws and the evidence used to make the original decision. Also, it involves looking over the medical records of the veteran and, if needed, lay statements. The VA must provide the applicant with the Statement of Case that includes a list of evidence it has analyzed.

The statement should be simple and clear, and also explain the reasoning for the decision, including the interpretation of the regulations and laws affecting the case. It should address the issues made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date when 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 the decision of a rating agency or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.