Oak Brook Veterans Benefits Law Firm

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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.

Oak Brook Veterans Benefits Law Firm

The Comerford Law Office provides top-quality veterans’ benefits services to veterans in Oak Brook and throughout Illinois. Veterans’ benefits are a form of regular monthly payment made to those who have suffered injuries in the line of duty and these injuries prevent or impair their ability to work. When you signed up for the armed forces, the government agreed to care for you if you were injured as a result of your military service. In reality, however, very few applications are approved without substantial evidence. Learn more about the process of applying for VA benefits and how an Oak Brook veterans’ benefits law firm can help.

Making Your Case to the VA

Your case will rest on proving three elements. Those are:

  • You are a former U.S. military veteran
  • You sustained a service-related injury
  • Your injury prevents you from working full-time and supporting yourself

Your lawyer’s job is to make the best case to the VA that we possibly can on your behalf. In some cases, it may be difficult to prove that your injury was service-related. In other cases, it may be difficult to prove that your injury prevents you from sustaining gainful employment. In either case, Comerford Law Office can be of service.

Why the Majority of Applications are Denied

The system is set up to deny applications. The fact remains that the VA disability fund is not an infinite well springing forth with monetary resources. So the VA protects the solvency of its fund zealously until the applicant has proven their case beyond their very high standards. For those who do not know what those standards are, or do not know that they must make a legal argument with medical evidence, the chances of filing a successful application or appeal are quite slim.

Filing an Appeal

The VA will give you an opportunity to appeal their decision. You can preserve your right to appeal by filing a Notice of Disagreement (NOD). Do not tell the VA why you disagree. You will have an opportunity to do that once they send your Statement of Case (SOC) and your form 9.

The Statement of Case is where the VA will explain why they denied your application. The form 9 is where you prove your case. To successfully appeal the VA decision to deny a benefits claim, you will need to provide evidence from doctors, home care specialists, and even vocational counselors to discuss what type of work you can or cannot do. 

Find an Oak Brooks Veterans’ Benefits Law Firm

Comerford Law Office, LLC has successfully resolved thousands of claims for Illinois-area veterans who had their initial applications denied. Call today to schedule an appointment and learn more about how we can help.

Helping Veterans Since 2008.
You Don’t Have To Do This Alone.