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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 be overwhelming. The right attorney for veterans can guide you from beginning to end.

It's essential to locate a lawyer that limits their law practice to disability cases, and only handles those cases at every level of appeal. This ensures that you're getting the best representation.

Appeals

If the VA rejects or doesn't approve a claim, the veteran or the surviving spouse can file an appeal. This is a lengthy and lengthy procedure that can be complicated even for the most basic disability claims. A rawlins veterans disability law firm disability lawyer can assist you in understanding all your options and get the benefits you deserve.

The most common reason people have to file an application for disability benefits is that 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 justify a proper rating based on a disabling condition that was caused or worsened by military service.

A veterans disability lawyer could be required by those who have had to wait too long for their benefits. The lawyer can assist in determining what documents are missing and submit a request to the VA to obtain those documents.

Having a veterans disability lawyer can help you deal with the VA away from your shoulders. This will allow you to concentrate on your health and any other responsibilities that you may have. Some attorneys are veterans themselves and this gives them a unique empathy for their clients and make them more invested in their cases. This can make a major difference in the result of the appeal.

Higher-Level Reviews

Veterans are able to appeal VA decisions in the event of disagreement. The Higher-Level Review is a decision review option that allows a senior reviewer to look at the same evidence that was presented in the original claim, and then make a new decision on the case. The senior reviewer is able to affirm or reverse the previous rating decision.

A veteran or their representative could arrange for an informal conference to discuss the case with the senior reviewer. However only one conference is permitted. It is important to be prepared and be able to present your case in a clear manner during this meeting. A lawyer for veterans may assist you in preparing and participate in the informal conference.

The higher-level review is typically used to correct errors made by the previous reviewer of the disability claim. For example in the event that the previous reviewer misinterpreted the evidence or made mistakes in the law. The senior reviewer is able to alter a prior decision on the same claim in order to fix these types of mistakes but only if the modifications are beneficial for the applicant.

A personal hearing may be arranged for the claimant in the wake of the higher-level review. This is an opportunity for the claimant to meet with the person who is reviewing their case and discuss their arguments. A veterans disability attorney can help determine whether the need for a personal hearing is justified and prepare and present evidence for the hearing.

Notice of Disagreement

Once the VA has reviewed your claim and made an assessment, you may file a written notice of disagreement within one year from the date that the local office sends you the initial denial letter. The VA will then review your claim again and issue a Statement of Case.

To file a disagreement to file a dispute, you must use 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 don't agree with the VA's decision but it is advisable to be specific and help the VA determine what you think is wrong. Your attorney can provide guidance 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 point You have a second chance to have it reviewed by a senior reviewer in the form of an Higher-Level Review. This can take up to 25 months, and you should have your attorney at with you every step of the procedure. If the VA rejects your claim, your lawyer can request an appointment with an Veterans Law judge to present testimony and other evidence in person. Your attorney will prepare your check if your claim is awarded.

Statement of the Case

Congress has passed many laws to ensure veterans receive compensation for illnesses, injuries and ailments they've experienced during their service. But the VA is a huge bureaucracy that is easy to be lost within the system. A veteran disability lawyer can help you navigate the process and provide much-needed assistance for those who are seeking benefits.

When a veteran files a Notice of Disagreement in his or her local VA office, the VA must conduct an examination of the case. This includes reviewing the laws, regulations and the evidence used in the initial decision. This also includes looking at the veteran's medical records and in the event of a need, lay statements. The VA must provide the claimant with the Statement of Case which includes a list of evidence that it has reviewed.

The statement should state clearly the reasoning behind the decision, as well as how it interpreted the laws and regulations that impacted the case. It should address all the claims made by the plaintiff in his or Vimeo.com her NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was sent. However, due to the VA backlog and backlog, the agency could delay the release of this document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision over the amount of your rating or a claim for benefits.