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.
Why would a veteran applying for disability need a lawyer to help? When you apply for disability, you are making a medical and legal argument for why your case crosses the established threshold for filing claims on the VA’s disability fund. In other words, it is beyond the scope of what an average person knows and is able to communicate. For that reason, a Naperville veterans’ disability lawyer may be necessary to prove your case to the VA. The Comerford Law Office specializes in veterans’ interests and rights and can help you get the money you need to stabilize your finances.
VA benefits are a form of regular monthly payment to help veterans pay for the necessities of daily living when they cannot work. Benefits are also available to veterans who require daily living assistance, and spouses of veterans who perform these services for them are entitled to Special Monthly Compensation through the VA fund.
These benefits were promised to every individual who took up the uniform to defend our country. But the VA has a vested interest in protecting the fund against fraudulent or unmeritorious claims so that the fund is solvent for those who need it.
Some veterans will simply apply and receive benefits. This is generally because the three elements that need to be met for a successful application are obvious. Let’s, for example, say that a veteran loses a limb in the line of duty and this prevents them from sustaining a job for which they are qualified. All three criteria for a successful application are met. Those criteria are:
To prove this, you will need to provide the VA with information from your doctors, vocational counselors, and incident reports that may have some bearing on your case. If the three elements listed above are proven to the VA’s satisfaction, your application will be approved.
The VA denies most applications submitted by veterans. Some of those that are quite obviously related to injuries sustained in the line of duty are approved, but most veterans have to go through the appeals process. If the VA denies your claim, The Comerford Law Office will take up your appeal, file a notice of disagreement, discuss your condition with your doctors, and speak to vocational counselors who can provide expert opinions on the type of work you can and cannot perform. For more information on filling out a Form 9 or appealing a VA decision call our office today.