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.
Those who served in America’s military and fought America’s wars are entitled to veterans’ benefits. Yet each year, thousands of claims are denied by the veteran’s board that oversees these requests. The reason for this is simple. They want to protect the solvency of the veterans’ disability fund, so they make it difficult for veterans to apply. Veterans’ benefits attorneys help veterans apply for—and get—the benefits to which they are entitled. For more information, call The Comerford Law Office, LLC—the Cook County veterans’ benefits law firm.
To prove that you qualify for veterans’ benefits, you must prove two elements. The first element is that you were injured in the line of duty. The second element is that your disability impairs your ability to sustain gainful employment.
Yet proving these elements can be tricky, particularly when the disability was not caused by a single incident, but repetitive stress that occurred throughout your service.
Those who lost a limb in battle will not struggle to prove when and how their disability occurred. For others, it can be more difficult. Such conditions include:
In other cases, the military has a vested interest in proving the condition does not exist. These cases include:
It will not always be obvious how a traumatic brain injury occurred, particularly if the veteran played sports or had a serious accident in the past. Psychiatric illnesses also require subjective tests that can be difficult to prove. Having a Cook County veterans’ benefits law firm handle your case improves your chances considerably.
VA benefits are a form of regular monthly payments to you and your family that help offset the cost of living when you are disabled and cannot work. These non-taxable payments enjoy several legal protections from creditors and others. Additionally, veterans can get compensation for in-house nursing or any assistance they require. Spouses are entitled to this compensation if they are the ones providing assistance.
You can appeal a benefits denial by filing a Form 9 or filing a notice of disagreement and having a lawyer represent you throughout the process. VA benefits lawyers ensure that your case file has all the relevant medical and vocational information the VA needs to approve your claim. We work closely with your doctors and establish the limitations of your condition. Our work turns denial letters into benefits awards.
To request more information, please call The Comerford Law Office or use our online form to send us a message and request a meeting.