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.
Thousands of veterans are injured in the line of duty every year. These veterans were promised benefits if they were no longer able to work once they left the service, yet only a small percentage of the VA disability benefits applications the VA receives are granted. A Glenview veterans’ disability lawyer can help ensure that your claim is not among those denied.
The VA establishes a standard of proof for all applications it receives. A veteran must be able to prove that their injury occurred as a direct result of their service to their country and that the injury is substantial enough to impair their ability to sustain a job. While some conditions are easy to diagnose and determine how they happened, others are not so simple.
Certain conditions, like the loss of a limb, are easy to prove. The following conditions generally take longer to process and prove:
Psychiatric illness and PTSD require subjective assessments to diagnose, whereas traumatic brain injury could be caused by multiple incidents.
In other cases, the military may not want to admit that a condition is real or has a vested interest in denying the condition. These include instances such as:
Our job as your Glenview veterans’ disability lawyer is to prove that your condition was most likely related to your service in the military and that it prevents you from sustaining gainful employment over a long period of time. This will require further input from your doctors and perhaps the testimony of a vocational expert to prove.
VA benefits are guaranteed by law to be paid to those who sustained an injury as a result of their active duty and can no longer work because of it. These payments are non-taxable and enjoy several legal protections from creditors and others. Some veterans qualify for special supplemental benefits to offset the cost of in-house nursing and daily assistance. Spouses can qualify for these benefits if they are the ones providing assistance.
Once your application has been denied, you have the option of filing an appeal by filing a Form 9 or a notice of disagreement. A VA benefits attorney can help you with this process. We will contact your doctors and solicit information relevant to your case. We will also talk to vocational experts who can testify as to how your condition limits your ability to work.
The Comerford Law Office proudly represents America’s veterans filing disability claims. Call today to set up an appointment and learn more about how we can help.