Chicago VA Disability Appeals Lawyer

Chicago VA Disability Appeals Lawyer

Veterans’ disability claims are notoriously difficult to achieve on the first try.  Once a vet has received a denial, they are then most likely to seek the services of an attorney.  

An experienced Chicago VA disability appeals lawyer can help you build an ironclad case file that the Veterans Administration should accept.  

The appeals process has been revamped by the Appeals Modernization Act (AMA) of 2017.  An increasingly small number of veterans may still have legacy system appeals pending, but new claims must now be submitted through the process set up under the AMA.

Why Did I Get Denied?

Most of the time, the VA denies your disability claim simply because you failed to prove, to their satisfaction, at least one of the three issues you have to prove to satisfy the claim. These three issues are:

• That you do, in fact, have a disability
• That your disability is related to your military service
• That your disability partially or completely prevents you from working.  

The third element is usually the most difficult of the three to prove.  Proving that your disability prevents you from working requires medical evidence and, in many cases, the testimony of a vocational expert regarding what work you can or can’t do.  

So How Do I Appeal?

A few years ago, the VA changed its appeal process to a decision review process. Under the new decision review process, you can choose one of three decision review options (Supplemental Claim, Higher-Level Review, Board Appeal). If you aren’t satisfied with that result, you can try another.

Request a Decision Review

You can file a Supplemental claim if you have new relevant evidence.  You can request a Higher-Level Review, in which a higher-level individual reviewer will examine your case without any additional evidence.  You may request a Board of Veterans’ Appeal in which a Veterans Law Judge will review your case.  

Getting Your Results

Once your selected process is complete, you will receive a decision packet including details about the decision on your case.  If they haven’t decided, they may request additional information.  Be on the lookout for these requests; missing one can cost you the case.  

Working with a Chicago VA Disability Appeals Lawyer

VA decisions go about two-thirds against the veteran, even after appeals.  The rules are highly technical, and failures to comply can result in relatively draconian results.  If you’re in the midst of a VA disability claim and feeling lost and drowning in arcane and complex regulations, contact a VA disability lawyer today at Comerford Law Office to arrange for an initial consultation and free case evaluation.  Working with an attorney experienced in VA disability appeals can significantly increase the possibility of success.  Let us help you obtain the benefits you need and deserve.