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.
According to the government, an estimated 3.8 million veterans live with some form of service-related disability. Veterans with service-related disabilities are entitled to file claims with the VA. If approved, veterans can receive regular monthly payments to help supplement their income. The application process is frustrating, however, and most applications come back denied. A Highland, IN VA lawyer can help you get the evidence you need to prove your claim to the VA’s satisfaction.
The forms to file a VA disability claim are easily available online. However, what most laypeople do not understand is that they are not requesting benefits for the government, they are making a medical and legal argument for why the government owes them those benefits. In some cases, the process may be relatively straightforward and a self-submitted application may be enough. But in most cases, the VA will demand proof that your injury was the result of your duties as a military member. They will demand further proof that your injuries are substantial enough to either impair or prevent substantial employment
For most veterans, the process begins when they receive a denial letter from the VA. The VA will give them a standard reason for denying their application. It will be something like “there is insufficient evidence to accept your application.” But what constitutes evidence to the VA?
This is where an attorney can be of the most help. Since everyday people are not necessarily able to make legal and medical arguments that satisfy the VA’s rigid criteria, they reach out to a veterans’ benefits attorney.
Veterans’ benefits attorneys like Comerford Law Office have handled thousands of VA applications and appeals. We will go over your case, discuss your condition with your doctor, and speak to a vocational expert who could discuss your limitations in terms of your employment. Since we know what the VA is looking for, we have a much higher success rate than those who handle their appeals on their own. We also operate much more quickly because we can anticipate what evidence the VA will need. We take over the process of filling out your form 9 and filing your notice of disagreement.
If you were rendered a quadriplegic in the line of duty, you probably will not have to do much to prove your claim. But not all injuries are so obvious. Psychiatric conditions caused by trauma and traumatic brain injuries caused by head trauma are much more difficult to prove. Our attorneys have experience handling these cases and will passionately argue for your right to collect the benefits you were promised when you put on the uniform. Call the VA benefits attorneys at Comerford Law Office today to learn more about how we can help.