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

The process of getting veterans disability lawyers disability benefits can be a challenge. A qualified veterans disability lawyer can assist you from start to finish.

It's important to choose a lawyer who restricts their practice to disability cases and exclusively handles those cases at all levels of appeal. This will ensure you receive the best representation.

Appeal

When the VA denies a claim, or does not allow benefits to be approved, it allows the veteran, or his or spouse who survives to appeal. This is a lengthy and lengthy process that can be complicated even for the simplest disability claims. A veteran's disability attorney can assist you in understanding your options and get the benefits you deserve.

The most common reason why people submit a claim for disability is because they are unhappy with their disability rating. In this situation, the lawyer can ensure that all the evidence is in place to justify a proper rating based on a disabling condition that was caused or worsened by military service.

A veterans disability lawyer may be needed by people who have waited too long to get their benefits. The lawyer can assist in determining what documents are missing and submit a request the VA to obtain those documents.

A veterans disability lawyer can also ease the burden of dealing directly with the VA. This will allow you to focus on your health and other obligations you might have. Some lawyers are veterans themselves which can give them a unique level of empathy for their clients and create a deeper investment in their cases. This can make a big difference in the result of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decision if they disagree. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to look at the same evidence presented in the original claim, and make a new determination. The senior reviewer is able to either affirm or reverse the previous rating.

The veteran or their representative can request an informal meeting with the senior reviewer to discuss the case, but only one conference is allowed. It is important to be prepared and explain your case in a concise manner during this meeting. An attorney who specializes in veterans disability can help you prepare for and participate in the informal conference.

The higher-level review is typically used to correct errors made by the previous reviewer of a disability claim. For instance when the previous reviewer misinterpreted evidence or made errors in the law. Senior reviewers can correct these errors by altering the decision made previously, but only when it is in the claimant's best interest.

A personal hearing can also be arranged for the claimant as a consequence of the review at a higher level. This provides the applicant to meet with the person reviewing their claim and discuss their arguments. A veterans disability lawyer (recent post by Lamerpension) can help you determine whether or not it is necessary to request a personal hearing, and also with making and presenting the evidence during the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued a decision, you can file a notice of disagreement within one year from the date when the local office has sent you its original denial letter. The VA will review the claim again and prepare a Statement of Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help to fill out the form correctly to appeal the decision. You don't have to list every reason you don't agree with the VA's decision, however, it is recommended to be specific in order to help the VA determine what you think is wrong. Your attorney can help you on what evidence to submit along with the NOD, including statements from medical professionals or the results of diagnostic tests.

If your appeal is rejected at this point If you are denied, you can try again to be reviewed by an experienced reviewer in form of A Higher-Level Review. It could take as long as 25 months, and it is important to have your attorney at all the procedure. If the VA still denies your claim, your lawyer can request a hearing to be held before a Veterans Law Judge to present testimony and additional evidence in person. Your attorney will prepare your check if your claim is awarded.

Statement of the Case

Congress has passed numerous laws to ensure veterans disability law firms receive compensation for injuries, illnesses and conditions they've endured during their time of service. The VA is a large bureaucracy and it's easy to get lost. A veteran disability lawyer can help you navigate the process and provide vital assistance for claimants.

Once a veteran files a Notice of Disagreement with his local VA office, the VA must conduct an investigation of the case. This includes reviewing the laws, regulations, and the evidence used in the original decision. This includes reviewing the veteran's medical record and at times lay statements. The VA must send the claimant a Statement of the Case which includes a listing of all evidence it examined.

The declaration should be written in plain language and explain the reasoning of the decision, which should include the interpretation of the regulations and laws relevant to the case. It should address the allegations made by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was received. Due to the VA backlog, it might take longer for the agency to issue the statement. If you're a veteran attempting to appeal a decision on your rating or claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.