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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 overwhelming. A qualified pleasantville veterans disability lawsuit disability lawyer can help you navigate it from beginning to end.

It’s crucial to locate an attorney who handles disability law and these cases at all levels of appeal. This helps ensure you’ll be receiving the best legal representation.

Appeal

When the VA denies or does not approve a claim, either the veteran or the surviving spouse may appeal. Even the most basic disability claims can complicate this complex and time-consuming procedure. A veteran disability lawyer can assist you in understanding all of your options and secure the benefits you deserve.

The most common reason people need to file a disability claim is that they are unhappy with their disability status. In this situation, a lawyer can make sure that there’s enough evidence to back a rating that is appropriate for a condition that is caused or aggravated by military service.

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

A lawyer for veterans will also help you get rid of the burden of dealing directly with the VA. This will give you the time to focus on your health and any other responsibilities you may have. Some attorneys are veterans which can give them a unique form of compassion for their clients. They also make them more invested 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 if they do not agree. The Higher-Level Review is a decision review option that permits an experienced reviewer to look at the same evidence presented in the original claim and make an entirely new decision in the case. The senior reviewer is able to either affirm or reverse the previous rating.

The veteran or their representative can request a meeting with the senior reviewer to discuss the case, but only one such meeting is allowed. In this meeting it is important to prepare and present your case’s details clearly. An attorney that specializes in the field of veterans disability can assist you prepare and participate in the informal conference.

Higher-level reviews are typically used to correct mistakes made by the earlier reviewer in a disability case, such as not interpreting evidence correctly or making mistakes in the law. The senior reviewer may alter a prior decision on the same claim to fix these types of mistakes, but only if those changes are beneficial to the claimant.

A personal hearing could be scheduled for the applicant as a result of the higher-level review. This is a chance for the claimant to meet the person reviewing their claim and present their arguments. A lawyer who is a veteran can assist with determining whether or not it is required to request a personal hearing, and also with making and presenting the evidence at the hearing.

Notice of Disagreement

After the VA has examined your claim and reached an assessment, you may file a notice of disagreement within one year of the date on which the local office sends you the original denial notice. The VA will then review your claim once more and draft a Statement of the Case.

If you want to file a dispute to file a dispute, you must use VA Form 21-958. A disability lawyer can assist you fill out the form correctly to appeal the decision. You do not have to list every reason you do not agree with the VA’s decision but it is important to be specific and help the VA understand what you think is wrong. Your attorney can advise you about the type of evidence you can submit in the NOD such as statements from medical professionals or results of diagnostic tests.

If your appeal is not accepted at this stage, then you can have it reviewed by a senior judge through a Higher Level Review. This process can take about 25 months and you must be with your lawyer throughout the process. If the VA refuses to accept your claim, your lawyer can request an appeal before an Veterans Law judge to present evidence and testimony in person. Your attorney will prepare your check if your claim is awarded.

Statement of the Case

Congress has passed a number of laws to ensure veterans receive compensation for illnesses, injuries, and ailments they’ve experienced during their time of service. But the VA is a massive bureaucracy that is easy to be lost within the system. A veteran disability lawyer can help navigate the process and offer much-needed assistance for applicants.

The VA must examine the case once a veteran has filed a Notice of Dispute with the local VA office. This includes examining the regulations, laws and the evidence used to make the original decision. It also involves examining the medical records of the veteran as well as in the event of a need lay statements. The VA must provide the claimant with the Statement of Case which contains a list of evidence it has analyzed.

This statement should describe in clear language the reasoning behind the decision, and how it decided to interpret the laws and regulations that impacted the case. It should address the allegations made by the plaintiff in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date that the NOD was filed. Due to the VA backlog, it could take longer for the agency to issue the statement. Contact a west point Veterans Disability Lawsuit disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is appealing a decision on a rating or a claim for benefit.