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

The process of obtaining veterans disability benefits can be a challenge. A veterans disability lawyer can help you navigate the procedure.

It's important to find a lawyer who limits their law practice to disability cases and only handles these cases at every stage of appeal. This will ensure you receive the best representation.

Appeal

If the VA denies a claim or fails to accept benefits, it permits the veteran, or his or her surviving spouse to file an appeal. This is a complex and lengthy process that can be complicated even for the most simple disability claims. A veterans disability lawyer can assist you in understanding the options available to you and get the benefits you deserve.

The most common reason people file a claim for disability is that they are not satisfied with their disability rating. In this case, a lawyer can ensure that the evidence is sufficient to support a fair rating based on a disabling condition that was caused or worsened by military service.

Another reason that people tend to need a veterans disability lawyer is because they have been waiting too long for benefits. The lawyer can help determine the missing documents, and then make the request for these documents to the VA.

A veterans disability lawyer can also take away the burden of dealing directly with the VA. This will let you concentrate on your health and other obligations you might have. Some lawyers are veterans which can give them an unmatched empathy for their clients. This can make a massive difference in the outcome of the appeal.

Higher-Level Reviews

Veterans can appeal VA decisions in the event of disagreement. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to look at the same evidence that was presented in the original claim, and then make a new decision. The senior reviewer is able to either confirm 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 of these conferences is permitted. It is crucial to be prepared and be able to present the facts of your case in a clear manner at this meeting. A lawyer for veterans may assist you in preparing for and Veterans Disability Law Firms participate in the informal conference.

Higher-level reviews are often used to correct mistakes by the earlier reviewer in the case of a disability claim, such as mistakenly interpreting evidence or committing errors in the law. Senior reviewers can correct these errors by changing the previous decision however only when it is in the best interests of the claimant.

A personal hearing can also be scheduled for the claimant as a consequence of the review at a higher-level. This is a chance for the claimant to meet the person who is reviewing their case and present their arguments. A lawyer for veterans can help determine whether it's 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 from the day the local office sent you the original denial letter. The VA will examine your claim again and create a Statement of the Case.

If you want to file a dispute with the VA, you should fill out VA Form 21-958. An attorney for disabled people can help you fill out this form in a way that is effective in contesting the decision. It is not necessary to list all the reasons you don't agree with the VA's decision but it is best to be specific in order to help the VA understand what you think is wrong. Your attorney can advise you on the kind of evidence to include in the NOD like statements from medical professionals or the results of diagnostic tests.

If your appeal is not granted at this point There is a second chance to review it by an experienced reviewer in the form of a Higher-Level review. This process can take about 25 months and you must be in contact with your attorney at every step. If the VA denies your claim, your lawyer may request an appointment with a Veterans Law judge to present evidence and testimony in person. Your lawyer will prepare your check if your claim is awarded.

Statement of the Case

Congress has written extensive laws to ensure that veterans are paid for injuries, illnesses and other ailments suffered during service. The VA is a big bureaucracy, and it's easy to become lost. A veteran disability lawyer can assist in navigating the process and offer much-needed assistance to those who are seeking benefits.

The VA must review the case after the veteran has filed the Notice of Dispute to the local VA office. This involves examining the laws, regulations and the evidence used to make 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 the Case, which contains a list of all evidence it reviewed.

The statement should be in plain English and should explain the reasoning behind the decision, as well as the interpretation of the regulations and laws affecting the case. It should address the issues raised by the claimant in his or her NOD.

The Statement of the Case is typically sent to the veteran within 120 days from the date on which the NOD was filed. However due to the VA backlog it could take longer to mail the document. Contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran contesting a decision regarding the basis of a rating or a claim for benefits.