This post describes the VA disability appeals process for decisions issued prior to February 19, 2019. Decisions received after that date are subject to the new VA appeals process.
When your government asked its citizens to serve the country, it was you who answered the call. When you did, your government ensured that if you were ever injured in the line of duty, you would be entitled to receive veterans’ disability benefits. Yet the VA protects the solvency of this fund by routinely denying applications that are incomplete or fail to meet the threshold of proof. An Arlington Heights veterans’ benefits attorney can improve your chances of getting the benefits you deserve for your service.
The reason given in almost every case is that there is not enough proof to award benefits. An applicant must prove that they were a) injured in the line of duty and b) their injury creates a substantial disability that impairs their capacity for gainful employment.
Certain conditions, like the loss of a limb, are easy to prove. Other conditions are more subtle. These include:
Other times, the science on a condition is not settled, and veterans struggle to prove their medical condition is real. These include:
It may not always be apparent how a traumatic brain injury occurred. Even if a head trauma occurred in the line of duty, the VA can raise the argument that years of playing football or an old car accident contributed to the injury. Psychiatric illnesses are also difficult to prove as they require the subjective opinion of a doctor. An Arlington Heights veterans’ benefits attorney can help improve your chances.
VA benefits are awarded to those who were injured in the line of duty and have difficulty sustaining employment. These are non-taxable payments that are protected from creditors. Some veterans may also qualify for in-house assistance or nursing. If it is a spouse who provides this assistance, they may be entitled to money, as well.
If your application has been denied, you are entitled to appeal the decision. You are also entitled to have a lawyer represent you throughout the process. We will work with your doctors to beef up your application and hire vocational counselors and experts who will discuss your ability to function in the workplace.
For more information concerning appealing a VA decision or beginning the application process, call Comerford Law Office, LLC today, or reach out to us using our online form.