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.
It is not uncommon for VA benefits applications to come back denied on the first try. The VA protects the solvency of its disability fund vigorously, but that does not mean that your application was without merit. It simply means that it lacked the necessary information to move forward with a benefits award. James Comerford is proud to serve American veterans who sacrificed so much for their country. You have legal options after an application denial.
Only a tiny fraction of VA applications involve fraud or nefarious double-dealings. The standard of proof in VA benefits claims is simply quite high. That being said, the three elements of proof appear on the surface to be easy. You must be able to prove:
Sounds simple enough, right? In reality, you are making a legal argument using medical evidence. This requires the expertise of lawyers, doctors, vocational counselors, and more to offer opinions concerning your condition, how it occurred, and what you can and cannot do in a workplace environment.
The Comerford Law Office has years of experiencing helping Indiana and Illinois veterans file claims with the VA. Our main job is to ensure that you are coordinating with your doctors to get the medical evidence you need to prove that your injury was related to your military service and that it prevents you from sustaining gainful employment, at least in the short term. You can also get benefits if you require in-home nursing. If a family member provides these services to you, they may be able to get paid for it.
VA veterans’ benefits are an important part of the contract between our country’s government and the brave men and women who answered the call to defend their country. You are entitled to regular monthly payments to help supplement the cost of living when you cannot work. If your application has come back denied, now is the time to dig in and prepare for a fight.
After the VA has denied your application, you will need to file a notice of disagreement. The notice of disagreement only preserves your right to appeal. It should not be used to state why you think the VA is wrong. This could end up forcing you into a corner later during the appeals process.
Once you have preserved your right to appeal, the VA will send you a large packet of information that you will need to provide them with to receive benefits. The Comerford Law Office helps veterans fill out form 9s, get the medical proof relevant to their case, and present an ironclad case file to the VA.
To begin the process of applying for VA benefits or appealing a VA denial of benefits, call the Comerford Law Office today to discuss the matter and allow us to begin presenting your case immediately.