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 proudly represents America’s veterans in disability claims with the VA. Once your application has been denied, we can take over the process of filing an appeal with the VA. We will also take over the process of discussing the matter with your doctors to ensure that we are coordinating your medical issues with your disability application. Regardless of how difficult the process of applying for VA benefits appears, our veterans disability lawyers in Chicago can help anyone with a valid claim provide the necessary proof to get the benefits they are owed.
To qualify for VA disability benefits, you must be able to prove that you suffered a service-related disability that currently impairs your capacity to sustain gainful employment. Many folks wonder whether or not their part-time job, odd contract work, or hobby that earns money precludes them from filing for disability benefits. Generally, the answer is no. The VA only excludes those who earn a living wage through full-time work.
While the process sounds simple enough, there are specific elements that can be difficult to prove. For example, it can be difficult to prove that your disability is connected to your active military service. In those cases, the VA may try to claim you had a pre-existing injury or the injury is not covered by their policy. In other cases, the VA may dispute the fact that your injuries prevent you from sustaining gainful employment.
Typically, however, applications are denied simply because the applicant has failed to provide them with enough information to advance the claim. The application comes back rejected, and the applicant will then have the opportunity to file a Notice of Disagreement which preserves their right to file an appeal.
Your attorney will enter the fray once your Notice of Disagreement has been filed with the VA. We will then begin the process of coordinating your medical care and your medical records with your disability application. We will also provide interviews with immediate family members, former service members, and anyone who can provide information concerning your capacity to work with your current disability.
Your lawyer will be responsible for helping you fill out your Form 9, which is a dense packet of forms that the VA requires in order to advance your claim. This packet of information essentially provides all of the facts surrounding your case and the medical argument on which your claim is being filed.
The Chicago VA disability lawyers at The Comerford Law Office, LLC can help you appeal a denial of benefits. Call today to discuss the matter in more detail and we can begin preparing an ironclad case file and get you the benefits you are owed.