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.
Each veteran who agreed to join the U.S. armed forces was promised that the government would take care of them if they were wounded in the line of duty. Hence, those who have service-related injuries are entitled to recover benefits from the VA disability fund. While this process may sound relatively straightforward, more often than not, it is riddled with complexities. The VA claims lawyers in Chicago at The Comerford Law Office, LLC are certified to help U.S. veterans file appeals after their initial disability applications have been denied.
VA disability benefits are a non-taxable monthly payment from the VA disability fund. In order to qualify for benefits, you must file a claim on the fund. Most applications come back denied. It is then that a VA disability benefits lawyer enters the fray and begins taking up the claim. Our job is to ensure that your case file is strong enough to meet the VA’s criteria for awarding benefits.
Benefits are paid monthly to help a veteran support themselves and their family. In cases where the veteran requires in-home nursing, that will be paid for as well. If a family member provides these services, the money for providing in-home nursing can be paid to them.
If your application comes back denied, which is to be expected, you will have an opportunity to appeal the decision. The VA will send you a Notice of Disagreement, which you must file to preserve your right to appeal the VA’s decision. This notice must not contain any information concerning why you think the VA is wrong. It will be your attorney’s job to make that argument.
After your Notice of Disagreement has been filed, the VA will send you a massive packet of forms requesting information called a Form 9. To successfully fill out a Form 9, you must be able to prove that your disabilities are related to your service and substantially impair your ability to do work for which you are qualified. This is no easy task. You are expected to make a legal argument using medical evidence.
Our job is to coordinate your health care information with your disability application. We will discuss your disability with doctors, psychiatrists, social workers, other health care professionals, occupational counselors, and even your friends and family to determine the limitations placed on you by your disability. Our aim is to produce an ironclad case file that the VA has no choice but to approve.
If you have suffered a service-related disability that impairs your ability to do work for which you are qualified, call the Chicago VA claims lawyers at The Comerford Law Office, LLC today to get the ball rolling on starting your appeal.