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 America asked its sons and daughters to become the brave men and women who fight for America overseas, it was you who answered your country’s call. When you did so, your country guaranteed that if you were injured in the line of duty, they would ensure your financial needs were met if you were no longer able to work. However, the process of applying for VA disability compensation is cumbersome and frustrating. The Arlington Heights veterans’ benefits attorneys at the Comerford Law Office, LLC can help you get the financial support you were promised when you joined the service.
When it comes to applying for veterans’ benefits, some disabilities are easier to prove than others. For instance, those who have lost a limb in battle may no longer be able to do their primary vocation. It is not difficult to figure out what the disability is, whether it exists, and the extent to which it impairs your ability to work.
Other disabilities are not so simple but are still possible to prove. These can include psychiatric injuries stemming from traumatic brain injury, post-traumatic stress disorder, cognitive deficits, or military sexual trauma. Other disabilities are based on subjective testing such as loss of vision or hearing.
Still, other disabilities are the subject of intense debate such as Gulf War Syndrome and Agent Orange exposure.
These are all qualifying disabilities that may be more difficult to prove to a medical certainty that they either exist or impair your ability to work.
Veterans’ benefits are non-taxable monthly payments made to you and your family while you are unable to work enough to support themselves or their families. In cases in which a veteran requires daily assistance with their living, special monthly compensation (SMC). If it is the spouse who is providing daily assistance, then they can receive monthly compensation.
While millions of veterans across America rely on these benefits, the VA can make it very difficult to apply. For that reason, many veterans solicit the help of a certified veterans’ services attorney to ensure that the process goes as smoothly as possible.
This is only the beginning of the process. Most veterans with disabilities have their applications come back denied. You are still entitled to appeal the decision. In that case, the VA will send you a very large packet of forms called a Form 9 and a Statement of Case that you will need to fill out. Because you are making a medical argument that must pass a certain legal threshold, most laypeople do not have any idea where to begin.
If you need help filling out a form 9 or beginning the process of applying for veterans’ benefits, call The Comerford Law Office, LLC today to learn more about how we can help.