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How a prosper veterans disability lawyer Disability Attorney Can Help You Get the Benefits You Deserve

The process of obtaining veterans disability benefits can be a challenge. A qualified veterans disability lawyer can assist you from beginning to end.

It’s crucial to find an attorney that only is skilled in disability law and can handle these cases at all levels of appeal. This helps ensure you’ll be getting the best representation.

Appeal

When the VA decides to deny or not consider a claim, the spouse or the veteran who is surviving may appeal. This is a complex and lengthy procedure that can be complicated even with the simplest disability claims. A veterans disability lawyer can assist you in understanding the options available to you and obtain the benefits you deserve.

The most common reason for people to file a claim for disability is that they are not satisfied with their disability rating. In this situation, the lawyer can ensure that the evidence is sufficient to support a valid rating based on a debilitating condition caused by or aggravated by military service.

Another common reason for people to need a veterans disability lawyer is that they’ve been waiting for too long to receive benefits. The lawyer can help determine the missing documents, and then make an application for these records to the VA.

The help of a veterans disability lawyer can alleviate the burden of dealing with the VA away from your shoulders. This will give you the time to focus on your health and any other obligations you have. Some attorneys are veterans, and this may result in a unique compassion for their clients. This could make a significant difference in the outcome of the appeal.

Higher-Level Reviews

Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) Veterans have more options when they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review procedure that allows an experienced reviewer examine the same evidence as in the original claim and then make a new decision. The senior reviewer has the option to either confirm or reverse the previous rating.

A veteran or their representative may request an informal conference to discuss the case with the senior reviewer. However only one conference is allowed. In this meeting it is crucial to prepare and present your case’s facts in a clear manner. An attorney that specializes in veterans disability can help to prepare and take part in the informal conference.

Higher-level reviews can be used to correct mistakes by the reviewer who was earlier in a disability case, such as misinterpreting evidence or making errors in the law. The senior reviewer is able to alter a prior decision on the same claim to fix these types of errors, but only if those modifications are beneficial for the applicant.

The higher-level review could result in a personal hearing for the claimant, which gives them the chance to talk to the person who is reviewing the claim and to explain the arguments. A lawyer for veterans can assist in determining whether or not it’s necessary to request a private hearing, as well as with preparing and presenting the evidence at the hearing.

Notice of Disagreement

After the VA has reviewed your claim and made a decision, you are able to submit a notice of disagreement within one year from the date that the local office has sent you its original denial letter. The VA will 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 help you fill out this form in a way that is effective in appealing the decision. It is not necessary to list every reason you do not agree with the VA’s decision, but it is advisable to be specific and help the VA to understand what you believe is wrong. 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 denied at this stage, then you can have it reviewed again by a senior reviewer through an Higher Level Review. This process can take approximately 25 months. You should be with your lawyer at all times. If the VA continues to deny your claim, your lawyer could request a hearing to be conducted before an Peoria Heights Veterans Disability Law Firm Law Judge to present evidence and testimony in person. If your claim is ultimately granted, your attorney will prepare you for the check.

Statement of the Case

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

The VA must examine the case after the veteran has filed a Notice of Dispute with the local VA office. This includes looking into the laws, regulations, and the evidence used in the initial decision. It also includes examining the medical records of the veteran and, if needed lay statements. The VA must provide the applicant with the Statement of Case that includes a list of evidence it has analyzed.

The declaration should be written in plain English and should explain the reasoning of the decision, which should include the interpretation of the regulations and laws which affect the case. It should address all the arguments 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 document. If you’re a veteran who is appealing an appeal of a rating decision or claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.