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.
James R. Comerford is a member of the National Organization of Veteran Advocates. He has dedicated his legal practice to helping veterans near Aurora apply for and receive disability benefits that were promised to them when they signed up to serve. Our government promised all of its military members that if they were wounded in the line of duty, we would issue benefits to see them supported. Still, the process is difficult for most veterans to manage on their own. Here is how a veterans’ benefits attorney can help you.
Most of the information you need to file a claim with the VA is easily found online. What is not easy to find is what specifically the VA is looking for when it comes to awarding disability benefits. Specifically, what is the threshold for awarding or denying benefits?
The answer to that question is not necessarily clear. While disability ratings do factor in, a layperson or even a lawyer may not be able to predict how the VA will respond to a certain claim file. This is because each claim requires medical proof from a doctor, social worker, or a vocational counselor.
Our attorneys, who are familiar with the process, understand how to present a case file so that the VA is more likely to approve an application.
It takes an average of 125 days for the VA to process a claim. These claims typically come back denied. Those who wish to file an appeal will need to preserve their right to do so. They do this by filing a Notice of Disagreement. These generally also come back denied.
To keep the review process going, a veteran will need to fill out and send the VA a Statement of Case and a Form 9. The appeals process begins here, and it is often when veterans and their families reach out to a veterans’ benefits attorney for assistance.
At this point, the VA may request more information related to your disability, the facts surrounding your injury, and information discussing your limitations in a workplace environment. Evidence will come from health care providers, vocational counselors, and social workers.
VA disability benefits were promised to every veteran who decided to serve their country. Those injured in the line of duty deserve to be taken care of when they can no longer work. If you have filed a claim and had it come back denied by the VA, do not give up hope. The attorneys at The Comerford Law Office can help you appeal the decision and then provide the VA with an ironclad case file so that you and your family can receive the benefits you need.