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.
It is more than likely that the first disability claim you file with the VA will come back denied. In most cases, the reason is simply that they do not have enough information to honor the claim. However, the process is complex enough to be extremely frustrating which is why the majority of veterans who have had their VA disability benefits applications denied hire experienced counsel to help them build an ironclad casefile. The Comerford Law Office provides expert counsel to Glenview residents attempting to appeal a VA decision to deny benefits.
When you file a disability application with the VA, you are making a medical and legal argument for why you deserve VA benefits. The fund is not infinite, and the VA wants to protect it against weak claims or even fraud. The attorneys at Comerford Law Office have helped thousands of Glenview veterans receive the benefits they were promised. To receive these benefits, you must prove all of the following elements are true:
In some cases, it can be difficult to prove that your disability is severe enough to prevent you from doing work you are qualified to do. In other cases, it can be difficult to prove that your disability is related to your military service. In the latter case, certain disabilities avail themselves to claims more easily than others. Not all disabilities can be seen with the naked eye. In some cases, psychiatric problems, PTSD, or as they used to call it, “shell shock,” can be just as debilitating, but more difficult to prove.
Once you apply for benefits, the VA will render a decision. Usually, your application will come back denied. In that case, you will have to file a Notice of Disagreement to preserve your right to appeal. If you choose to fill this form out yourself, DO NOT supply the VA with your reason for thinking they made a mistake. They can lock you into a single argument like that.
Once your Notice of Disagreement has been filed, the VA will send you a Statement of Case and you will need to fill out a form 9. This a large packet of information containing information regarding your medical records, service records, and limitations concerning your employment. The complexity of making a legal argument using medical information generally means that the majority of laypeople will not be able to do this on their own.
For more information regarding a VA disability appeal or if you need help filling out a form 9, call Comerford Law Office today to get the ball rolling on your VA appeal.