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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 appear overwhelming. A qualified veterans disability lawyer can help you navigate it from beginning to end.

It’s crucial to locate a lawyer that limits their law practice to disability cases and exclusively handles these cases at every stage of appeal. This will ensure that you get the most effective representation.

Appeal

When the VA decides to deny or not consider a claim, the veteran or the surviving spouse can appeal. Even the simplest disability claims can make it difficult to navigate this complicated and time-consuming procedure. A veteran disability lawyer can help you understand the options available to you and get the benefits you deserve.

A common reason for people to file a claim for disability is because they are unhappy with their disability rating. In this case an attorney can make sure there is enough evidence to justify the proper rating in light of a condition that was caused or aggravated by military service.

A veterans disability lawyer may be needed by those who have been waiting too long to receive their benefits. The lawyer can help determine what documents are not available, and then submit the request for these documents to the VA.

A veterans disability lawyer (http://shinhwaspodium.com) can also relieve you of the burden of dealing directly with the VA. This will give you time to concentrate on your health, as well as any other obligations you have. Certain attorneys are veterans which can give them a unique empathy for their clients. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decision if they disagree. The Higher-Level Review is a decision review option that permits an experienced reviewer to look at the same evidence presented in the original claim and make an additional decision regarding the case. The senior reviewer can either confirm or reverse the previous rating decision.

The person who is the veteran or their representative could ask for an informal conference with the senior reviewer to discuss the case, but only one such meeting is permitted. It is essential to be prepared and be able to present the facts of your case in a clear manner during this meeting. An attorney that specializes in veterans disability can help you prepare and participate at the informal conference.

The higher-level reviews are typically used to correct mistakes made by the previous reviewer of an appeal for disability. For instance an earlier reviewer misinterpreted the evidence or made errors in the law. The senior reviewer is able to alter an earlier decision regarding the same claim in order to correct these mistakes however only if those modifications are beneficial for the claimant.

A personal hearing could be arranged for the claimant as a consequence of the review at a higher level. This gives the applicant to meet with the person who is reviewing their case and to present their case. A veterans disability lawyer can help you determine whether or not it is required to request a personal hearing, and with preparing and presenting the evidence during the hearing.

Notice of Disagreement

After the VA has looked over your claim and come to an assessment, you may make a formal notice of disagreement within one year of the date on which the local office sends you the original denial notice. The VA will review the claim again and issue a Statement of the Case.

In order to file a disagreement, you should use VA Form 21-958. A disability lawyer can help you complete this form correctly to appeal the decision. It is not necessary to list every reason why you are not with the decision; however it is better to be specific so that the VA understands what exactly you believe is incorrect. Your attorney can help you determine which evidence to include in the NOD. These could be statements from medical professionals, or results from diagnostic tests.

If your appeal is rejected at this stage There is a second chance to get it reviewed by a senior reviewer in the form of a Higher-Level review. This could take up to 25 months, and you must have your lawyer by your side throughout the process. If the VA rejects your claim, your lawyer may request an appearance before an Veterans Law judge to present evidence and testimony in person. Your attorney will prepare your check if your claim is awarded.

Statement of the Case

Congress has passed a variety of laws to ensure veterans receive compensation for injuries, illnesses and other ailments they’ve suffered during their time of service. But the VA is a huge bureaucracy and it’s easy to become lost in the system. A veteran disability lawyer can guide you through the process and provide much-needed assistance for claimants.

The VA must examine the case once a veteran has filed the Notice of Dispute to the local VA office. This includes examining the regulations, laws and evidence used to make the initial decision. This includes looking over the medical records of the veteran and at times, lay statements. The VA must provide the claimant with the Statement of Case which contains a list of evidence that it has examined.

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

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