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.
If your VA benefits application came back denied, you are not alone. Indeed, the vast majority of those who apply for VA benefits will have their application come back denied. It is not time to give up. It is time to dig in. You may still be entitled to VA benefits. A Chicago VA appeals attorney can help you prove your case.
In order to prove your case to the satisfaction of the VA, there are three elements that must be satisfied. You must prove that:
Sounds simple enough, right? Unfortunately, it is quite complicated. You are making a legal argument based on medical evidence, and it is not always as cut and dried as we would like. Some types of injuries are not visible or apparent. Instead of X-rays and medical imaging, you have self-reported symptoms. Even when those can be established, you must prove that the condition prevents you from sustaining gainful employment.
The Comerford Law Office has handled thousands of these claims, gaining benefits for veterans who sustained injuries in the line of duty. We can predict what information will pass the VA’s threshold for awarding benefits and streamline the appeals process as much as possible. We will talk to your doctors, your family members, produce “day in the life” videos, and discuss what types of tasks you can and cannot perform with vocational counselors. In other words, we will do everything in our power to ensure that your case file will have enough evidence to get your benefits awarded.
The time to discuss your options with an attorney will begin as soon as your application comes back denied. You will need to file a notice of disagreement. This preserves your right to appeal in the future. Do not provide any reason why you think the VA erred. This can force your entire case into one corner which you will have to argue your way out of. Instead, just say that you disagree, and let us provide the evidence and arguments as to why the VA erred.
After you have filed the notice of disagreement, your Chicago VA benefits attorney will begin talking to your doctors, vocational counselors, and whoever else can render an expert opinion on what you can and cannot do in a workplace environment. We will help craft an argument that forces the VA into accepting the application.
If you have been denied benefits or need help filling out a form 9, call The Comerford Law Office today to discuss your situation with a seasoned professional and begin the process of litigating your claim.