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 Comerford Law Office represents the interests of Dyer, Indiana veterans filing disability claims with the VA. Every individual who agreed to join the U.S. armed forces was guaranteed a monthly stipend in the event that their service-related disabilities prevent them from working. However, filing claims with the VA is a difficult, often overwhelming process. The VA expects that each applicant can provide medical proof that their disability crosses a certain threshold. VA disability lawyers in Dyer help American veterans file appeals with the VA.
In the vast majority of cases, the VA will deny initial applications for benefits forcing the applicant into litigation. The application comes back denied and then the veteran has the option of filing a Notice of Disagreement with the VA that preserves their right to appeal the decision. You do not want to tell the VA why you disagree with their opinion—only that you do. Any information that you provide to the VA can be used against you to deny your application. So, if you respond to the VA saying, “You’re wrong because…” The because becomes part of the official record and you will not be able to supply the VA with alternative theories.
VA disability applications most often come back denied. The VA is forcing you into the position of proving your claim to their satisfaction. The VA operates on disability ratings and other artificial measures, but so long as your disability prevents or significantly impairs your ability to work for which you are qualified, you have a strong claim. You must only prove that your disability was the result of your active-duty service.
In some cases, it can be very difficult to prove where your disability came from. In other cases, it may not be obvious that your disability substantially impairs your ability to work. Whatever the issue, a Dyer veterans’ benefits attorney can help you build an ironclad case file using evidence from your doctor, vocational specialists, and friends and family to prove that your disability qualifies under the VA rules.
VA disability benefits are a regular monthly payment issued by the U.S. government to those who were injured in the line of duty. These benefits also pay for in-home nursing and any other daily help that a former serviceman may require. In cases where a family member is providing nursing services, they can receive a monthly stipend for that support.
If you require the help of an experienced Dyer, Indiana VA benefits attorney, call The Comerford Law Office, LLC today to schedule an appointment and learn more about how we can help.