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

The process of submitting an application for mount carmel veterans disability law firm disability benefits can seem overwhelming. A qualified veterans disability lawyer can assist you from start to finish.

It’s important 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 you receive the most effective representation.

Appeal

If the VA rejects or doesn’t accept a claim, the veteran or the surviving spouse can file an appeal. This is a lengthy and lengthy procedure that can be complicated even with the simplest disability claims. A veteran’s disability attorney can help you understand your options and help you get the benefits you deserve.

The most common reason people submit a claim for disability is because they are unhappy with their disability status. In this instance a lawyer can be sure that there is enough evidence to back a rating that is appropriate for a condition that is caused or made worse by military service.

Another reason for people to seek out a veterans disability lawyer is that they have been waiting too long for benefits. The lawyer can assist in determining what documents are missing and then submit an application for these records to the VA.

A veteran 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 responsibilities you may have. Some lawyers are veterans and this can result in an innate empathy for their clients. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) provides north charleston veterans disability lawsuit with more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that permits senior reviewers to review the same evidence that was presented in the original claim and then make an additional decision regarding the case. The senior reviewer can either confirm or reverse the previous decision to rate.

A veteran or their representative may request an informal conference to discuss the case with the senior reviewer. However, only one of these conferences is permitted. It is important to be prepared and provide your case in a concise manner during this meeting. An attorney who is specialized in veterans ‘ disability can help you prepare for and participate in the informal conference.

The higher-level review is usually used to correct errors made by the previous reviewer of a disability claim. For instance, if the earlier reviewer misinterpreted the evidence or made errors in the law. Senior reviewers can correct the errors by altering the decision made previously however only if it is beneficial to the claimant’s interests.

A hearing at a personal level can be scheduled for the applicant as a result of the higher-level review. This gives the claimant to meet the person who is reviewing their claim and discuss their arguments. A lawyer for veterans disability can assist in determining whether or not it’s necessary to request a private hearing, and also with preparing and presenting the evidence at the hearing.

Notice of Disagreement

You may file a complaint within one year from the day the local office received the original denial letter. The VA will review your case once more and prepare a Statement of the Case.

To file a complaint, you should use VA Form 21-958. An attorney for disabled people can help you fill out this form correctly to ensure it is effective in appealing the decision. You do not have to list every reason you disagree with the VA’s decision but it is advisable to be specific in order to help the VA know what you believe is wrong. Your attorney can provide guidance about the type of evidence you can submit along with the NOD, such as statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this stage, then you can have it reviewed by a senior judge through a Higher Level Review. This process can take 25 months and you should be with your lawyer at all times. If the VA denies your claim your lawyer can request an appearance before a Veterans Law judge to present evidence and testimony in person. If your claim is ultimately accepted, your attorney will prepare you for your check.

Statement of the Case

Congress has passed a variety of laws to ensure that veterans receive compensation for illnesses, injuries, and ailments they’ve experienced during their service. However the VA is a massive bureaucracy and it’s easy to get lost in the system. A veteran disability attorney can help navigate the process and offer much-needed assistance for applicants.

Once a veteran has filed a Notice of Disagreement in his or her local VA office, the VA must conduct a review of the case. This includes examining the laws, regulations and evidence used to reach the original decision. This includes looking over the medical records of the veteran as well as 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 the evidence it has looked over.

This statement should be in plain language and provide the reasoning of the decision, which should include the interpretation of the law and regulations relevant to the case. It should address all claims made by the plaintiff in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was filed. However due to the VA backlog the agency might take longer to issue the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision regarding a rating or a claim for benefits.