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How a Veterans disability (chunzee.co.kr) Attorney Can Help You Get the Benefits You Deserve

The process of getting veterans disability benefits can be overwhelming. A lawyer who is a veterans disability attorney can guide you through the procedure.

It's crucial to find an attorney that only practices disability law and handles cases of this nature at all levels of appeal. This will ensure you receive the most effective representation.

Appeals

If the VA denies a claim, or fails to accept benefits, it permits the veteran or his or spouse who is surviving to file an appeal. Even the simplest disability claims can be a challenge for this lengthy and complicated procedure. An attorney for veterans can assist you in understanding your options and obtain the benefits you deserve.

The most common reason people submit a claim for disability is that they are unhappy with their disability status. In this case, a lawyer can ensure that the evidence is there to support a valid rating based on a disability condition that is caused or exacerbated by military service.

A veteran disability lawyer might be needed by people who have waited too long to get their benefits. The lawyer can help determine what documents are missing and submit a request the VA to obtain those documents.

A veterans disability lawyer can alleviate the burden of dealing with the VA away from your shoulders. This will allow you to focus on your health and other obligations that you may have. Some attorneys are veterans, and this can result in an exceptional empathy for their clients. This could make a significant difference in the result of the appeal.

Higher-Level Reviews

Veterans have more options to appeal VA decisions if they disagree. The Higher-Level Review option is a decision-review process that allows an experienced reviewer examine the same evidence provided in the original claim, and make a new determination. The senior reviewer has the option to either affirm or reverse the previous rating.

The person who is the veteran or their representative could request an informal meeting with the senior reviewer to discuss the case, but only one of these conferences is permitted. It is crucial to be prepared and provide your case in a concise manner at this time. An attorney for veterans can help you prepare for and participate in the informal conference.

The higher-level reviews are typically used to correct errors made by the previous reviewer of an appeal for disability. For example in the event that the previous reviewer misinterpreted evidence, or made errors in the law. The senior reviewer may alter an earlier decision regarding the same claim to rectify these mistakes however only if those modifications are beneficial to the claimant.

The more thorough review may lead to a personal hearing for the claimant, which provides an opportunity to meet with the person who will be reviewing the claim and explain the arguments. A veterans disability lawyer can assist in determining whether the need for a personal hearing is justified and also prepare and present evidence during the hearing.

Notice of Disagreement

Once the VA has assessed your claim and issued a decision, you can file a written notice of disagreement within one year of the date when the local office sends you its original denial letter. The VA will review your case again and issue a Statement of Case.

You must use VA Form 21-0958 to file a notice of disagreement. A disability lawyer can assist you complete this form correctly to appeal the decision. You don't have to include every reason why you are not with the decision; however, it is better to be specific so that the VA can understand exactly what you believe is incorrect. Your attorney can help you on what evidence to submit with the NOD, including statements from medical professionals or the results of diagnostic tests.

If your appeal is denied at this point, you can have it reviewed again by a senior reviewer through an Higher Level Review. This process could take as long as about 25 months and you must be with your attorney throughout the process. If the VA refuses to accept your claim, your lawyer could request a hearing to be conducted before an Veterans Law Judge to present evidence and testimony in person. Your lawyer will draft your check in the event that your claim is approved.

Statement of the Case

Congress has written extensive laws to ensure that veterans are compensated for their injuries, illnesses, and other conditions caused by their service. The VA is a large bureaucracy and it's easy to be lost. A veteran disability attorney can help you navigate the process and provide crucial assistance to applicants.

The VA must examine the case after the veteran has filed an official Notice of Dispute with the local VA office. This includes looking into the laws, regulations and evidence used in making the original decision. This includes reviewing the medical records of the veteran as well as when necessary, lay statements. The VA must provide the claimant with a Statement of Case which is a list of all evidence that it has studied.

The statement should outline in a clear manner the reasoning behind its decision, as well as how it decided to interpret the laws and regulations that impacted the case. It should address all the arguments made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was received. However, due to the VA backlog the agency might take longer to issue the document. If you are a veteran appealing the decision of a rating agency or a claim for benefits, get in touch with a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.