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

The process of submitting an application for benefits from veterans disability may be overwhelming. A qualified veterans disability lawyer can assist you from beginning to end.

It is essential to locate an attorney who is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure that you're receiving the best legal representation.

Appeal

If the VA decides to deny or not approve a claim, the veteran or the surviving spouse can appeal. It is a difficult and lengthy process that could be complicated even with the most straightforward disability claims. An attorney for veterans can help you understand your options and obtain the benefits you deserve.

One common reason that people are required to file a disability claim is because they are not happy with the disability rating they have received. In this instance, the lawyer can make sure that the evidence is in place to support an appropriate rating based on a disabling condition that was caused or worsened by military service.

A veterans disability lawyer [ivimall.Com] may be required by those who have not received their benefits. The lawyer can assist in determining what documents are not available, and then make a request for these records to the VA.

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

Higher-Level Reviews

Veterans have more options to appeal VA decisions if they disagree. The Higher-Level Review is a decision review option that allows the senior reviewer to examine the same evidence that was presented in the original claim and then make a new decision on the case. The senior reviewer has the choice to either confirm or reverse the previous rating.

A veteran or their representative could request an informal meeting to discuss the case with the senior reviewer. However only one of these conferences is allowed. In this meeting, it is important to prepare and present your case's facts in a concise manner. A veterans disability attorneys disability attorney can assist you in preparing for and participate in the informal conference.

The higher-level review is typically used to correct errors made by the previous reviewer of an appeal for disability. For example in the event that the previous reviewer misinterpreted evidence or committed mistakes in the law. Senior reviewers are able to correct these mistakes by altering the decision made previously, but only when it is in the claimant's best interest.

A personal hearing can also be scheduled for the claimant as a result of the review at a higher-level. This gives the claimant to meet with the person who is reviewing their case and present their arguments. A veterans disability lawyer can help determine whether or not it's necessary to request a personal hearing, as well as making and presenting the evidence during the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made a decision, you are able to file a written notice of disagreement within one year from the date the local office mails you the original denial notice. The VA will examine your claim again and create a Statement of the Case.

You should make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out the form correctly to appeal the decision. You don't have to list all the reasons you do not agree with the VA's decision, but it is best to be specific in order to help the VA to understand what you believe is wrong. Your attorney can help you decide which evidence to include in the NOD. These could be statements from medical professionals or the results of diagnostic tests.

If your appeal is not granted at this stage, you have another chance 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 in contact with your lawyer at all times. If the VA denies your claim, your attorney can request an appearance before a Veterans Law judge to present testimony and other evidence in person. If your claim is granted, your lawyer will prepare you for the check.

Statement of the Case

Congress has written extensive laws to ensure that veterans are paid for their injuries, illnesses and conditions incurred during service. However the VA is a massive bureaucracy and it's easy to get lost in the maze of regulations. A veteran disability lawyer can help those seeking assistance navigate the system and provide the assistance they need.

The VA must examine the case after a veteran has filed the Notice of Dispute to the local VA office. This includes reviewing the laws, regulations, and the evidence used in the original decision. This includes reviewing the medical records of the veteran and in the event of a need, lay statements. The VA must provide the claimant with a Statement of Case that includes a list of all evidence it has examined.

The statement should be written in plain language and explain the reasoning of the decision, which should include the interpretation of the regulations and laws which affect 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 sent. However, due to the VA backlog the agency might take longer to issue this document. If you're a veteran seeking to appeal an appeal of a rating decision or claim for benefits, please contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.