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

The process of getting veterans disability benefits can be a challenge. A good veterans disability attorney can assist you from start to finish.

It's essential to find a lawyer who has a limit on their practice to disability cases and only handles these cases at all levels of appeal. This helps ensure you'll be getting the best representation.

Appeals

When the VA denies a claim or fails to approve benefits, it gives the veteran, or his or her surviving spouse to appeal. Even the most basic disability claims could make this a complicated and lengthy procedure. A veterans disability lawyer can assist you in understanding the various options available and obtain the benefits you deserve.

The most common reason people declare a disability claim is because they are dissatisfied with their disability status. In this case, a lawyer can make sure that the evidence is in place to support a valid rating based on a debilitating condition caused or exacerbated by military service.

A lawyer for veterans may be required by those who have waited too long to get their benefits. The lawyer can help determine what documents are missing and can then make a request to the VA for the relevant records.

A lawyer for veterans' disability can also relieve you of the burden of dealing directly with the VA. This will give you time to focus on your health, and any other obligations you have. Some lawyers are veterans, and this can result in an innate empathy for their clients. This can make a huge difference in the result of the appeal.

Higher-Level Reviews

veterans disability lawyers are able to appeal VA decision if they disagree. The Higher-Level Review is a decision review option that allows the senior reviewer to examine the same evidence as was presented in the original claim and then make an entirely new decision in the case. The senior reviewer is able to either reverse or confirm the previous rating.

The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, however, only one such conference is permitted. It is crucial to be prepared and explain your case in a concise manner at this meeting. An attorney who is specialized in veterans disability can help to prepare and take part in the informal conference.

Higher-level reviews are often used to correct mistakes by the earlier reviewer in the case of a disability claim which could include mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct the errors by altering the decision made previously however only if it is beneficial to the claimant's interests.

A personal hearing can also be scheduled for the claimant as a consequence of the review at a higher level. This gives the applicant to meet with the person reviewing their claim and explain the arguments. A lawyer who is a veteran can assist in determining whether or not it is necessary to request a private hearing, and also with preparation and presenting evidence at the hearing.

Notice of Disagreement

You may file a complaint within one year of the date the local office sent you the original denial letter. The VA will review your claim again and issue a Statement of the Case.

If you want to file a dispute to file a dispute, you must use VA Form 21-958. A disability attorney can help you fill out this form in a way that is effective in appealing the decision. You don't have to include every reason you don't agree with the decision; however it is best to be specific in order that the VA can understand exactly what you believe to be incorrect. Your attorney can help you about the type of evidence you can submit along with the NOD, such as statements from medical professionals or results of diagnostic tests.

If your appeal is rejected at this stage If you are denied, you can try again to get it reviewed by an experienced reviewer in the form of a Higher-Level Review. The process can take between 25 and about 25 months and you must be with your lawyer at all times. If the VA still denies your claim, your lawyer may request that a hearing be held before an Veterans Law Judge to present evidence and testimony in person. If your claim is granted, your attorney will prepare you for the check.

Statement of the Case

Congress has passed a number of laws to ensure that veterans receive compensation for illnesses, injuries and other ailments they've suffered during their time of service. The VA is a huge bureaucracy and it's easy for people to be lost. A veteran disability lawyer can guide you through the process and provide crucial assistance for claimants.

Once a veteran files a Notice of Disagreement in his or local VA office, the VA must conduct a review of the case. This includes reviewing the laws, regulations and evidence used in the original decision. Also, it involves looking over the medical records of the veteran as well as, if needed, lay statements. The VA must provide the claimant with a Statement of Case, which includes a list with evidence that it has reviewed.

The statement should be simple and clear, and also explain the reasoning behind the decision, as well as the interpretation of the regulations and laws which affect the case. It should address any claims made by the plaintiff in his or her NOD.

The Statement of the Case is usually sent to the veteran within 120 days of the date the NOD was filed. Due to the VA backlog, it may take the agency longer to issue the statement. If you are a veteran attempting to appeal a rating decision or a claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.