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How a veterans disability attorney (browse around this site) 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 beginning to end.

It is essential to locate a lawyer that limits their practice to disability cases and only handles those cases at each level of appeal. This will ensure that you get the most effective representation.

Appeals

If the VA denies a claim, or does not approve benefits, it gives the veteran or his her surviving spouse to appeal. Even the most basic disability claim can complicate this complex and time-consuming procedure. A veterans disability attorney can help you understand your options and help you get the benefits you deserve.

One of the main reasons people are required to submit a disability claim is because they are not happy with their disability status. In this case a lawyer can be sure that there is enough evidence to back an appropriate rating due to a condition caused or aggravated by military service.

Another reason for people to seek out a veterans disability lawyer is because they've been waiting for too long to receive benefits. The lawyer can help determine the missing documents and can then make a request to the VA to obtain those documents.

A veterans disability lawyer can take the burden of dealing with the VA away from your shoulders. This will allow you the time to focus on your health, and any other responsibilities you may have. Some attorneys are veterans and this gives them a unique type of compassion for their clients. They also increase the stakes in their cases. This can make a massive 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 to appeal when they disagree with VA decisions regarding their claims. 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 entirely new decision in the case. The senior reviewer may affirm or reverse the previous rating decision.

A veteran or their representative may request an informal conference to discuss the case with the senior reviewer. However, only one conference is allowed. For this meeting it is crucial to prepare and present your case's details in a clear way. A veterans disability attorney can assist you in preparing and take part in the informal conference.

Higher-level reviews are often used to correct mistakes made by the reviewer who was earlier in a disability claim that result in not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct these mistakes by reversing a previous decision, but only when it is in the claimant's best interest.

The more thorough review may result in a private hearing for the claimant which gives the claimant an opportunity to meet with the person reviewing the claim and present their arguments. A lawyer for veterans can help determine whether it's necessary to request a private hearing, as well as with creating and presenting evidence at the hearing.

Notice of Disagreement

After the VA has looked over your claim and come to a decision, you can file a notice of disagreement within one year of the date on which the local office sends you the initial denial letter. The VA will then review your case again and issue an official statement of the case.

To file a complaint to file a dispute, you must use VA Form 21-958. A disability attorney can help complete this form in a manner that is effective in contesting the decision. You do not have to list every reason you do not agree with the VA's decision but it is advisable to be specific in order to help the VA know what you believe is wrong. Your attorney can help you determine the evidence you should include in the NOD. This could include statements from medical professionals or results from diagnostic tests.

If your appeal is rejected at this stage If you are denied, you can try again to have it reviewed by an experienced reviewer in the form of a Higher-Level review. This process can take approximately 25 months. You should be with your attorney throughout the process. If the VA refuses to accept your claim, your attorney may request an appointment with a Veterans Law judge to present evidence and testimony in person. If your claim is ultimately granted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a variety of laws to ensure veterans receive compensation for illnesses, injuries, and other ailments they've suffered during their service. The VA is a huge bureaucracy and it's easy for people to be lost. A veteran disability lawyer can assist people navigate the system and offer the needed assistance.

If a veteran files a Notice of Disagreement in his or local VA office, the agency must conduct a review of the case. This includes looking into the laws, regulations, and the evidence used to make the original decision. This includes reviewing the medical record of the veteran as well as, if necessary, lay statements. The VA must send the claimant an official statement of the case which is a list of all evidence it has studied.

The statement should outline in a clear manner the reasoning behind its decision, and how it determined the law and regulations that impacted the case. It should address the allegations raised by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was filed. However, due to the VA backlog it could take longer to mail the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision over a rating or a claim for benefit.