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 your country asked for help, it was you, our veterans who answered the call. After you were injured in the line of duty, the government that asked for your help promised that you would be entitled to disability benefits that would compensate you for the sacrifice and help you if you were no longer able to work. Yet many who apply for veteran’s benefits are denied. The help of an Illinois VA Disability Lawyer can be the difference between getting the benefits you are entitled to and another rejection letter.
Every applicant must prove two elements. They must be able to prove that their injury occurred as a result of their active duty, and they must be able to prove that their disability is significant enough to significantly reduce their ability to work. While this may sound simple, more often than not, it is quite complicated.
As an example, someone who lost a limb in battle may not have too much difficulty proving how their injury occurred. Other injuries are not so easy to prove. Those include:
In other cases, the U.S. may have been reluctant to admit that the condition even exists. Instances of this include:
While it can be easy to prove that some disabilities occurred in the line of duty and are debilitating enough to impair your ability to work, others require more subjective assessments such as TBI, PTSD, psychiatric illness, or cognitive deficits. In these cases, the military is reluctant to admit that certain conditions exist.
VA benefits are regular monetary payments to you and your family members that help supplement your income. They are not taxable and enjoy other special protections. This money is intended to support those who are not currently able to support themselves. Veterans’ families are entitled to recover special monthly compensation if you require assistance with daily living or in-house nursing. Spouses are also entitled to compensation if they are the ones assisting the veteran.
A denial of benefits is not the end of the road. You are entitled to appeal the decision and to have a lawyer represent you throughout the process. You can file a Form 9 or a notice of disagreement.
If you have been denied, the most likely reason is that you have failed to establish proof that your injury occurred in the line of duty or that your injury is substantial enough to prevent you from working.
Our attorneys will work with your doctors to ensure that your case file is ironclad and unimpeachable.
For more information on how we can help, please call The Comerford Law Office or use our online form to send us a message.