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 vast majority of those who file benefits claims with the VA will find their applications come back denied. The VA protects the solvency of its disability fund zealously and figures that if you need the disability money badly enough, you will provide them with all the information that they ask for. In the process, many claims that are otherwise valid come back denied. In these cases, an Oak Brook VA appeals attorney can go over your application with you, look at the VA’s reasoning for denying your claim, and help you build an ironclad casefile to prove your claim to the VA’s satisfaction.
In about one of every few hundred cases, a disability applicant will come back approved. The VA will not require any more evidence from doctors and you will not have to fight with them over your disability rating. In all of the other cases, the application comes back denied, generally only because there is insufficient evidence to prove your claim to the VA’s satisfaction.
The Comerford Law Office has helped thousands of Indiana veterans appeal denial letters. We will discuss how the appeals process works below.
Once your application comes back denied, it is imperative to quickly seek out the help of an attorney. The VA will expect you to file a Notice of Disagreement within a certain span. It is important to have an attorney handle this for you. The Notice of Disagreement is meant only to preserve your right to appeal, not to explain why or how the VA made the wrong decision. Those who attempt to explain their case to the VA can find themselves locked into one argument, so you do not want to say anything other than you disagree with the decision.
Then comes the hardest part. The VA will expect you to fill out a large packet of information related to your disability. This is not a simple process and must be done carefully and cautiously. Our attorneys have helped many disabled veterans appeal a rejection letter and get the benefits they are owed.
You are expected to provide the VA with a medical and legal argument for why your disability qualifies for benefits under their specific rules. You may not know what their standard of proof is, how to make a medical argument, or what types of legal arguments are most effective. But the Comerford Law Office does. We have worked with thousands of Indiana veterans and resolved their claims with benefits approved. Call today to learn more about the appeals process, what to expect, and what you need to do to get the benefits you were promised.