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.
American veterans who have been injured in the line of duty can apply for veterans’ benefits from the VA. These benefits can be used to supplement your income, pay for in-home nursing, or compensate a family member who provides in-home nursing to a vet. While these benefits are available to anyone who served in the military and was injured in the line of duty, the VA protects its fund and forces all applicants to prove that their injury is severe enough to limit their employability and that the injury occurred as a result of military service. That is why having an Oak Brook veterans’ benefits lawyer advocate on your behalf is an essential part of the process.
While the VA lists several disabilities that may qualify for VA benefits, some disabilities are harder to prove than others. As an example, those who suffered paralysis or lost a limb while in battle may not have a difficult time proving that their injury is related to their military service. However, others who suffered psychological trauma, blindness, deafness, traumatic brain injury, or other cognitive impairments may have difficulty linking their injury to their military service.
For the VA to award veterans’ benefits, they will need to be reasonably sure that you qualify under the VA fund. This means proving that your injury was related to your service and that your injury presents a severe obstacle to gainful employment.
Veterans’ benefits are a form of non-taxable regular monthly payment to veterans and their families when they can no longer work. Veterans who require assistance with daily living can also apply for SMC (special monthly compensation) which provides in-home nursing for those who need it. If it is a family member who is providing in-home nursing, they can receive compensation from the VA.
Most of those who file applications with the VA will see their applications returned with a denial letter. Typically, the VA simply requires more proof than you have provided. An Oak Brook veterans’ benefits lawyer can help you get the information you need from doctors and discuss what kinds of work you can and cannot do with vocational specialists. With enough information, a VA benefits attorney can tip the scales in your favor and get you the benefits that you deserve.
If you have any questions concerning filing a Form 9 or a notice of disagreement, call the Comerford Law Office today, and we can begin the process of appealing the VA’s decision and getting you the benefits that you deserve.