Every veteran who served in the U.S. military is entitled to recover VA benefits if they were injured as a result of their service. However, some claims can be challenging to prove. These claims may involve toxic substances, repetitive stress injuries, or psychiatric conditions that were exacerbated by service. If you are looking to appeal a VA denial of benefits, you need the help of an experienced VA appeals lawyer near you.
In the majority of cases, the VA denies an applicant’s claim simply because they have not provided enough information to the VA’s satisfaction. Indeed, it can be quite challenging to prove your case. You are making a legal argument using medical evidence. While this may not be as challenging for someone who lost a limb in the line of duty, other disabilities are not so obvious.
Each claim successfully proves three elements:
The third element often proves the most difficult. The attorneys at The Comerford Law Office can help provide vocational counselors that will testify on your behalf and discuss what types of labor you can perform with your current disability. In some cases, you may not be qualified for that type of labor having dedicated your advancement to other careers.
If the VA denies your claim, you will need to tell them that you disagree with their decision and plan on filing an appeal. You do not want to tell the VA why you disagree with their decision. This may lock you into an argument that you thought was solid but later turns out not to be. The NoD merely preserves your right to appeal.
Form 9 is a complex packet that will need to be filled out. It is this that the VA will review when deciding on your claim. It is here that the majority of veterans enlist the aid of an experienced veterans’ benefits attorney. The complexity of these questions can make it quite difficult for a layperson to provide the necessary information on their own.
A veterans’ benefits attorney coordinates your claim with your doctors and others who can provide testimony to benefit your case. We work closely with doctors, social workers, therapists, and vocational counselors to determine if your current condition prevents you from sustaining gainful employment for which you are qualified.
The Comerford Law Office helps Illinois veterans file veterans’ disability claims. We are recognized by the federal government to provide such services. If you need help filing a claim, call our office today to schedule an appointment and allow us to get the ball rolling on securing your benefits.