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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. The right veterans disability attorney will guide you from beginning to end.

It's important that you find an attorney who only is skilled in disability law and can handle cases of this nature at all levels of appeal. This will ensure that you get the most effective representation.

Appeal

When the VA rejects or doesn't consider a claim, the spouse or the veteran who is surviving may appeal. It is a difficult and lengthy process that can be complicated even by the most basic disability claims. A willowbrook veterans disability law firm disability attorney can assist you in understanding your options and get the benefits you deserve.

The most common reason why people file a claim for disability is because they are unhappy with their disability rating. In this case an attorney can make sure that there is enough evidence to back a rating that is appropriate due to a condition caused or aggravated by military service.

A veteran disability lawyer might be required by those who have waited too long to get their benefits. The lawyer can assist in determining what documents are missing and submit a request to the VA for those records.

The help of a veterans disability attorney can also help you deal with the VA away from you. This will give you time to focus on your health and any other responsibilities you may have. Some attorneys are veterans themselves and this can provide them a unique empathy with their clients and increase the stakes in their cases. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more options 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 presented in the original claim, and then make an additional decision on the case. The senior reviewer is able to either reverse or confirm the previous rating.

A veteran or their representative can arrange for an informal conference to discuss the matter with the senior reviewer. However only one of these conferences is permitted. It is crucial to be prepared and be able to present your case in a clear manner at this meeting. A veterans disability attorney can help you prepare for and take part in the informal conference.

Higher-level reviews are typically utilized to correct errors made by the reviewer who was earlier in the case of a disability claim that result in misinterpreting evidence or making errors in the law. Senior reviewers can correct these errors by altering the decision made previously however only if it is in the best interests of the claimant.

A hearing at a personal level can be arranged for the applicant as a result of the higher-level review. This provides the claimant to meet with the person who is reviewing their case and to present their case. A veteran disability attorney can help determine whether an individual hearing is necessary, as well as prepare and present evidence at the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued a decision, you are able to file a notice of disagreement within one year from the date that the local office has sent you the initial denial letter. The VA will review the case again and create an Statement of the Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability attorney can help to fill out the form correctly so that it is effective in contesting the decision. It is not necessary to list every reason why you disagree with the decision; however, it is better to be specific so that the VA can understand exactly what you believe to be wrong. Your attorney can help you on what evidence to submit with the NOD, like statements from medical professionals or results of diagnostic tests.

If your appeal is denied at this point, you can have it re-examined again by a senior reviewer through an Higher Level Review. It could take as long as 25 months, and you should have your attorney by all the procedure. If the VA denies your claim, your attorney can request an appeal 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 the check.

Statement of the Case

Congress has passed many laws to ensure veterans receive compensation for illnesses, injuries and other ailments they've suffered during their service. The VA is a large bureaucracy and it's easy for people to get lost. A veteran disability attorney can help you navigate the process and provide crucial assistance to those who are seeking benefits.

The VA must review the case following the time a veteran has filed an official Notice of Dispute with the local VA office. This includes examining the laws, regulations and evidence used in making the original decision. This includes reviewing the medical record of the veteran as well as in the event of a need, lay statements. The VA must send the claimant an official statement of the case which includes a listing of all evidence it has examined.

The statement should be written in plain language and explain the reasoning behind the decision, including the interpretation of the regulations and laws relevant to the case. It should address all the contentions the claimant raised in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was sent. Due to the VA backlog it may take longer for the agency to issue the document. If you're a veteran appealing a rating decision or a claim for benefits, you should contact an attorney for veterans disability from Fusco, Brandenstein & Rada, P.C.