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

The process of getting veterans disability benefits can be a challenge. A good veterans disability attorney can help you navigate it from start to finish.

It is essential to locate a lawyer that limits their practice to disability cases and vimeo exclusively handles these cases at each level of appeal. This will ensure that you get the best representation.

Appeal

When the VA decides to deny or not accept a claim, the veteran or the surviving spouse can file an appeal. This is a lengthy and time-consuming process that can be complicated even by the most straightforward disability claims. A veteran disability lawyer can help you understand your options and obtain the benefits you deserve.

The most common reason why people file a claim for disability is that they are unhappy with their disability rating. In this situation, the lawyer can ensure that the evidence is in place to justify a proper rating based on a debilitating condition that was caused or worsened by military service.

Another reason that people tend to require a veteran disability lawyer is that they have been waiting too long to receive their benefits. The lawyer can help determine the missing documents and can then make a request to the VA for those records.

A veteran disability lawyer can relieve the burden of dealing with the VA away from you. This will let you concentrate on your health and other obligations you might have. Some attorneys are krum veterans disability law firm, and this can result in an unmatched compassion for their clients. This can make a major difference in the outcome of the appeal.

Higher-Level Reviews

Since the roswell veterans disability attorney Appeals Improvement and Modernization Act of 2017 (AMA) allows veterans to have more options to appeal when they disagree with VA decisions regarding their claims. The Higher-Level Review option is a decision-review option that permits an experienced reviewer to analyze the same evidence provided in the original claim and make a new determination. The senior reviewer is able to either reverse or confirm the previous rating.

The person who is the veteran or their representative could ask for an informal conference with the senior reviewer to discuss the case, however, only one of these conferences is allowed. It is essential to be prepared and be able to present the facts of your case in a concise way at this conference. An attorney that specializes in the field of veterans disability can assist to prepare and take part in the informal conference.

The higher-level review is often used to correct mistakes made by the previous reviewer of a disability claim. For example when the previous reviewer misinterpreted evidence, or made errors in the law. The senior reviewer can change the previous decision made on the same claim in order to correct these kinds of errors but only if the modifications are beneficial for the person filing the claim.

A hearing at a personal level can be scheduled for the claimant as a consequence of the higher-level review. This is an opportunity for those seeking to be heard by the person who is reviewing their case and explain the arguments. A veterans disability lawyer can help you determine whether it’s necessary to request a private hearing, as well as preparing and presenting the evidence at the hearing.

Notice of Disagreement

You may file a dispute within one year from the date the local office sent you the original denial letter. The VA will then review your case again and issue a Statement of the Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you fill out this form in a proper manner to appeal the decision. It is not necessary to list all the reasons you do not agree with the VA’s decision but it is advisable to be specific in order to help the VA determine what you think is wrong. Your attorney can help you determine the evidence you should include in the NOD. This could include statements from medical professionals, or results from diagnostic tests.

If your appeal is not granted at this stage There is a second chance to review it by an experienced reviewer in form of a Higher-Level review. This process can take up to 25 months, and you should be with your attorney throughout the process. If the VA still denies your claim, your lawyer could request that a hearing be held before an Veterans Law Judge to present evidence and testimony in person. If your claim is granted, your attorney will prepare you for the check.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans receive compensation for their injuries, illnesses and conditions that they suffer during their service. However the VA is a massive bureaucracy and it’s easy to get lost in the system. A veteran disability lawyer can assist those seeking assistance navigate the system and provide the assistance they need.

The VA must examine the case once the veteran has filed an official Notice of Dispute with the local VA office. This includes looking into the regulations, laws, and evidence used in the original decision. This includes looking over the veteran’s medical record and in the event of a need, lay statements. The VA must provide the applicant with an Statement of Case which includes a list with evidence that it has reviewed.

This statement should explain clearly the reasoning behind its decision, and how it determined the law and regulations that affected the case. It should address any claims made by the claimant in his or her 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 may take the agency longer to issue the statement. If you are a veteran who is appealing the decision of a rating agency or a claim for benefits, please contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.