VA Appeals Attorney Downers Grove

VA Appeals Attorney Downers Grove

The vast majority of those who apply for VA disability benefits will have their applications denied. While this can be frustrating, it does not mean that you do not qualify for benefits. It just means that you have not proven your case to the VA’s satisfaction. You can, at this point, enlist the aid of a Downers Grove VA appeals attorney, and we can help ensure your case file has the information the VA requires to advance your claim. In this article, we will discuss the VA appeals process.

Why Was My Claim Denied?

The VA gives the official reason that you have not provided enough information for them to process your claim. At this point, however, you are allowed to have an attorney review your case file and determine what information the VA needs to officially assign benefits. 

To prove a VA disability claim, you must show that you have a disability that resulted from your military service. You also must show that your injury keeps you from being able to work and make a living. 

While establishing the first two can be hard, the final element of the proof is often the most difficult because it requires the subjective assessments of doctors. However, your VA appeals attorney will get the help of a vocational counselor, former employers, and whoever else could lend support to your claim. 

Options for Appealing Your VA Denial or Rating

In 2017, the Veterans Appeals and Modernization Act (AMA) brought major changes to how VA disability appeals are handled. The new process applies to all claims filed after February 2019. While a few veterans who began their appeal before 2019 may choose to continue under the old system, referred to as the legacy process, a large majority of claims now use the new AMA process.

Under AMA, veterans have three options for requesting a review of their claim denial or rating:

• Supplemental Claim – This is used to supply additional evidence to the VA regional office that was not included or considered in your original claim. You can also request that the VA gather evidence on your behalf that is available from certain federal agencies or healthcare providers.
• Higher-Level Review – You can request that a more senior reviewer at the regional office examine your claim to see if there are any errors in the decision or rating you were issued. This option also allows for a one-time phone call with the senior reviewer to explain why you disagree with the VA’s decision.
• Board of Appeals Review – You may also request that your claim be reviewed by a Veterans Law Judge at the Board of Veterans Appeals (BVA). Unlike the first two requests, where the claim is reviewed again by a regional office, this option is the only one that advances your claim to a judge. However, this can also add a significant amount of time to the appeal process.

It is possible to file more than one type of review request. For example, if you were denied VA benefits but filed a successful supplemental claim that resulted in a new decision, you could still request a higher-level review if you disagree with the rating that is issued.

Talk to a Downers Grove VA Appeals Attorney Today

If the VA has denied your disability benefits claim, do not be discouraged. You can still pursue the benefits you’ve earned, and help is available. The Downers Grove VA appeals attorneys at The Comerford Law Office, LLC can help you file an appeal. Call today to learn more.