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.
When you agreed to join America’s armed forces, you were ensured that if you were ever severely injured as a result of your military service, the government would take care of you and your family by supplementing your income with disability benefits. However, it can be quite difficult in reality, for an average person to file a successful claim on the VA’s disability fund. The VA routinely demands unimpeachable medical evidence and expects applicants to be able to argue their case on their own behalf.
The Comerford Law Office proudly represents America’s veterans in VA disability claims. Your Schererville, IL VA disability attorney can help you appeal a denial and build an ironclad case file that the VA will be forced to honor.
Everyone must file their disability claim on their own without the help of an attorney. VA disability benefits attorneys are only allowed to file appeals on behalf of veterans who have already had their applications rejected.
Once your VA disability application has been rejected, the VA will provide you with an opportunity to preserve your right to appeal. This comes in the form of a Notice of Disagreement. You will simply note that you disagree with the VA’s decision. At this point, you don’t want to say why you disagree, because that could reduce your options later.
Once your Notice of Disagreement has been filed, the VA will send you a Form 9. This is the point at which most VA benefits attorneys enter the fray. Our job is to review your application, collate information from your doctors, go over your employment history, discuss what types of work you are qualified to do with your disability, and so on. Our job is to produce an ironclad medical argument that shows that you should be receiving disability benefits from the VA.
In some cases, the VA may process and accept your application, but assign you a disability rating that is lower than what you should have received. In those cases, your attorney may be able to appeal your disability rating and have your disability rating increased, either temporarily or permanently.
Additionally, those who are assigned a TDIU rating may have to periodically prove that they still qualify for TDIU benefits. Your Schererville veterans disability attorney can help you with this process.
The Comerford Law Office proudly represents America’s veterans in VA disability claims. Call today to schedule a free consultation and discuss your options for appeal today.