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.
The Comerford Law Office, LLC represents the interests of Chicago, Illinois veterans who are applying for VA disability benefits. VA disability benefits are offered to any veteran who sustained a serious life-altering injury in the line of duty. Injuries do not need to be battle-related. They only need to involve your service. Repetitive stress injuries and psychiatric injuries are both compensable under the VA disability benefits program. Nonetheless, it can be quite frustrating to apply for benefits and actually have your application accepted. That is where The Comerford Law Office, LLC can help.
Any veteran who applies for VA disability benefits must have their application submitted and rejected by the VA before they can enlist the aid of an attorney. VA disability attorneys, therefore, help veterans file appeals with the VA.
After your application has been rejected, the VA will send you instructions on how to file an appeal. It is here that you can enlist the aid of an attorney. The VA will send you a Notice of Disagreement. The Notice of Disagreement is meant to preserve your right to file an appeal later. You do not want to explain why you disagree with the VA’s decision as that could trap you into a specific argument later down the line. Your attorney can help you build your case and prove your disability in accord with the VA’s standards for deciding who gets benefits.
VA disability benefits are a form of regular, non-taxable monthly income that helps disabled veterans meet their financial needs when they are either unable to work or severely limited in the time they can devote to gainful employment. The VA expects that you will not have a regular form of income when you apply for benefits. Odd jobs and part-time labor will not prevent you from applying for benefits.
In addition to supplemental income, veterans are entitled to receive any in-home nursing that they require. In cases where a family member provides the in-home nursing, they may be entitled to recover compensation for that labor.
The Comerford Law Office has helped numerous Chicago veterans file appeals with the VA to recover benefits. It can be quite difficult to file an appeal on your own.
VA disability appeals are tricky. You are tasked with making a legal argument that meets the VA’s standards of proof using medical data available concerning your case. There are two elements to this. You must prove that your disability was the result of your military service, and you must prove that your disability substantially impairs your ability to sustain gainful employment. The VA will send you a massive packet of information to fill out called a Form 9. The Form 9 includes all of your medical information. Our job as your attorney is to ensure your Form 9 is as complete as possible and you have a legitimate theory as to how your disability is related to your service.
The Comerford Law Office, LLC helps Chicago veterans apply for VA disability benefits and ensure their case files are strong enough to be accepted. Call today and we can begin the process of appealing the VA’s decision.