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

The process of applying for benefits from veterans disability may seem overwhelming. A qualified malverne veterans disability lawyer disability lawyer can guide you from start to finish.

It’s essential to choose a lawyer who restricts their practice to disability cases, and only handles those cases at every level of appeal. This will ensure that you get the best representation.

Appeal

When the VA refuses or fails to accept a claim, the spouse of the deceased can file an appeal. This is a lengthy and lengthy procedure that can be complicated even with the most basic disability claims. A veterans disability attorney can help you understand your options and obtain the benefits you deserve.

The most common reason people need to file a disability claim is because they are not satisfied with the disability rating they have received. In this situation a lawyer can be sure that there is sufficient evidence to support the appropriate rating due to a condition that is caused or worsened by military service.

Another reason for people to require a veterans disability lawyer is that they’ve been waiting too long to receive their benefits. The lawyer can help determine the missing documents and submit a request the VA for the relevant records.

The help of a veterans disability lawyer can alleviate the burden of dealing with the VA away from you. This will give you the time to concentrate on your health, and any other obligations you have. Some lawyers are veterans, and this may result in an unmatched compassion for their clients. This can make a big 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 the senior reviewer to review the same evidence that was presented in the original claim and make a new decision on the case. The senior reviewer is able to either confirm or reverse the previous rating.

A veteran or their representative may arrange for an informal conference to discuss the matter with the senior reviewer. However only one of these conferences is permitted. It is important to be prepared and present the facts of your case in a concise way at this conference. An attorney with expertise in the field of disability for veterans can help you prepare and participate in the informal conference.

The higher-level review is often used to correct mistakes made by the previous reviewer of an appeal for disability. For example an earlier reviewer misinterpreted the evidence or Vimeo.Com made errors in the law. The senior reviewer may alter an earlier decision regarding the same claim to fix these types of errors however only if the changes are beneficial to the person filing the claim.

The higher-level review could result in a hearing for the claimant which is an opportunity to connect with the person reviewing the claim and present the arguments. A veterans disability lawyer can assist with determining whether or not it is necessary to request a private hearing, as well as with creating and presenting evidence at the hearing.

Notice of Disagreement

You can file a dispute within one-year of the date the local office mailed you the original denial letter. The VA will then review your claim again and create an Statement of the Case.

You should utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help to 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 important to be specific to help the VA determine what you think is wrong. Your attorney can advise you on the kind of evidence to include along with the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is not granted at this stage, you have another chance to review it by a senior reviewer in the form of a Higher-Level review. It could take as long as 25 months, and you must have an attorney on with you every step of the way. If the VA rejects your claim, your lawyer may request a hearing before a Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately awarded, your attorney will prepare you for your check.

Statement of the Case

Congress has passed numerous laws to ensure that veterans receive compensation for injuries, illnesses and other ailments they’ve suffered during their time of service. The VA is a large bureaucracy and it’s easy to become lost. A veteran disability lawyer can assist in navigating the process and provide much-needed assistance for claimants.

The VA must examine the case once a veteran has filed a Notice of Dispute with the local VA office. This involves examining the laws, regulations, and the evidence used to make the initial decision. It also involves examining the medical records of the veterans and when necessary lay statements. The VA must provide the claimant with an official statement of case which includes a list with evidence that it has reviewed.

This statement should describe in plain language the reasoning behind the decision, as well as how it determined the law and regulations that affected the case. It should address any claims raised by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date the NOD was sent. Due to the VA backlog, it might take longer for the agency to issue the statement. Contact a dover veterans disability attorney disability lawyer from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about an assessment or claim for benefits.