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.
The Comerford Law Office, LLC offers representation to Tinley Park veterans who are applying for VA benefits. Our office has successfully helped thousands of veterans receive VA benefits from the VA. We can greatly improve your chances of successfully increasing your disability rating or appealing a decision to deny benefits. If you have questions about the VA appeals process, a Tinley Park VA benefits lawyer can help.
When you signed up to join the U.S. armed forces, the U.S. government promised that they would take care of you if you were injured in the line of duty and you were not able to work. However, the VA zealously protects the solvency of their disability fund, so it can be difficult to get an application through on the first try.
There are two basic elements that must be established — your disability is related to your military service, and your disability substantially impairs your ability to perform work for which you are qualified. It sounds simple, but if you can establish these two facts, you will win your case. On the other hand, this process is intentionally frustrating and takes a long time to complete. The VA is hoping to exhaust the efforts of those who do not really need the money or do not want to work.
Sometimes applications come back flat out denied while others come back with disability ratings that seem low for the type of disability they have. When an application comes back denied, the veteran has a right to appeal the decision which is where VA disability lawyers enter the fray. Our job is to determine why your application was denied and then help you build your case file so that the VA has no choice but to accept your claim and give you your benefits. If your disability rating is lower than you believe it should be, it could impact your benefits. In either case, The Comerford Law Office can help you argue against the VA’s decision.
When your claim comes back denied, you will have the opportunity to appeal the decision by filing a Notice of Disagreement. It is best to have a lawyer file this notice for you. After, you will receive a Form 9. Often, veterans involve an attorney at this point because the sheer complexity of the form itself makes it difficult for laypeople to file on their own. You would be expected to make a legal argument using VA guidelines using medical evidence.
A VA disability lawyer already knows what the VA is looking for and can coordinate with your doctors, witnesses, family, and others who can help argue your case.
If you need help filling out a Form 9 or handling your VA disability benefits appeal, call The Comerford Law Office today, and we can begin the process of fighting for your benefits.