Illinois Veterans’ Disability Appeals Attorney

Illinois Veterans’ Disability Appeals Attorney

Does this sound familiar? If it does, then you have come to the right place. The Comerford Law Office represents disabled veterans who are either applying for or have applied for (and been denied) VA disability benefits. James R. Comerford is an accredited VA disability attorney who has helped hundreds of veterans, just like yourself, apply for and receive the benefits they are entitled to. Below, we will discuss some of the reasons why applications are denied.

Why Was My VA Disability Claim Denied?

The VA has a fund set aside for injured veterans who are no longer able to work. But they are protective of that fund because there are only so many resources to go around. To protect the fund from fraudulent claims, they sometimes deny legitimate claims. You can, however, appeal the decision.

Common reasons for denying a VA disability benefits claim include:

• Medical diagnosis based on subjective testing – If you have lost a limb or a been paralyzed, that is pretty easy to test for and prove. If you have suffered psychological ailments, fibromyalgia, hearing loss, vision loss, or traumatic brain injury, then testing relies on interviews and subjective reports from a patient. The VA can be overly skeptical when it comes to these claims and will force petitioners into the position of proving that their ailment exists and that it prevents them from working.
• It is unclear if the injury occurred in the line of duty – If you were paralyzed in combat, it is probably going to be pretty easy for you to file a claim. If you suffered from Agent Orange exposure or Gulf War Syndrome, then you are in a much fuzzier area. For Agent Orange, the problems caused by the chemical can mimic other neurological disorders and the VA refused to believe that Gulf War Syndrome even existed until recently. If you did not suffer a traumatic injury but suffered an injury for which the symptoms are gradual, then it may be more difficult to prove your case.
• It is unclear if your disability prevents you from working – There are three elements you need to prove for your disability benefits. First, your condition exists. Second, your condition was a result of your military service. Third, your condition prevents you from sustaining gainful employment. The third of these can be the trickiest because it is based on the subjective opinion of what a doctor thinks you can or cannot do.

Call an Illinois Veterans’ Disability Appeals Attorney

If you have been denied benefits, the fight is not over. Call the Illinois veterans disability attorneys at The Comerford Law Office today to learn more about how we can help.