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.
For those who have either suffered combat-related injuries, repetitive stress injuries, or psychiatric injuries related to their military service, benefits are available if your injuries prevent you from sustaining gainful employment. While these benefits are available to anyone who served in the U.S. military, filing a claim on the VA’s disability fund can be frustrating and time-consuming. For those who have filed a claim only to have it denied, you can now begin the process of appealing the decision with the help of a veterans benefits lawyer in Hammond.
It is important to understand that the U.S. government only allows attorneys to enter the fray after your original application has been denied. While the VA will give you a reason for denying your claim, that reason can be as vague as they simply want more information. In fact, the majority of the time, the denial will be based on a lack of information. The VA will force all applicants to meet a specific threshold of proof to receive benefits.
Once you receive your denial letter, you will want to preserve your right to appeal the decision. This requires that you fill out a Notice of Disagreement. The Notice of Disagreement serves the sole function of preserving your right to appeal. You do not, therefore, want to go into detail about why you disagree with the VA’s decision. The NoD is not the place for that and it may prevent you from offering alternative theories as to why the VA has erred.
Filling out a Form 9 can be quite difficult. The VA is asking you to prove your case by using medical data. Most folks are not qualified for that task. Hence, veterans benefits attorneys in Hammond who understand the types of medical issues that veterans face are allowed to take over the application process and file the claim on your behalf. This means working closely with your doctors, physical therapy providers, family, and friends to ensure that you have an ironclad case file that VA cannot easily reject.
If your application has been rejected by the VA, you can now discuss the matter with a Hammond veterans benefits attorney. We will begin the process of getting all the information you need from your doctors and medical providers and discuss what sort of work you can do with your disability with a vocational counselor. The Comerford Law Office will then present a much more convincing case file to the VA on your behalf. Call today to learn more.