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.
So, you have applied for VA disability benefits, and your application came back denied. What do you do next? The experienced Valparaiso veterans benefits attorneys at the Comerford Law Office have helped thousands of Illinois and Indiana veterans file appeals after their claims came back denied. The following are some reasons why VA benefits applications are denied and what you can do next.
The VA zealously protects the solvency of its fund from fraudulent or non-meritorious claims. It expects that each individual who submits a claim to make a flawless medical and legal argument as to why their claim rises to the standard of proof required to be awarded benefits. This is no simple thing and is beyond the abilities of most people. Attorneys have to pass certification simply to be allowed to litigate claims on behalf of veterans.
So, if your application comes back denied, it is not because your claim is meritless. It is because the VA needs to see more evidence.
Once your application comes back denied you will have an opportunity to file a notice of disagreement. A notice of disagreement preserves your right to appeal the decision rendered by the VA. It is not meant to argue your point. Those who submit arguments to the VA in their notice of disagreement may find themselves locked into a specific argument moving forward. So, if you file this notice yourself, be sure to simply state that you disagree and offer nothing concerning why you disagree
After you have filed your notice of disagreement, the VA will have you fill out Form 9. This is a massive packet of information that you are required to provide the VA.
Submitting a claim to the VA to gain veterans’ benefits is equivalent to making a medical and legal argument. When it comes to VA benefits, you must be able to prove three elements. Those are:
Once those three elements are proven true, you are awarded benefits. In reality, the standard of proof in these claims is quite high.
Since we have filed thousands of these claims on behalf of veterans, we can predict what information they will need to satisfy your claim. We can speak to doctors concerning your injuries and how they prevent you from working. We can also hire a vocational counselor to discuss what types of work you can and cannot do with your specific injury.
If you need help filling out a form 9 or appealing a decision by the VA to deny your benefits, call the Comerford Law Office today to discuss your situation and allow us to begin helping you to get the information you need to start receiving benefits.