When you chose to join the U.S. military, you were assured that if you ever suffered a service-connected disability, the VA would step in and compensate you. Nonetheless, it can be quite difficult to file a claim against the VA. The process is confusing and often cumbersome, and with an influx of complications regarding claims related to recent wars, the challenges of applying have only gotten bigger.
If your initial application for VA disability benefits was denied, a Nashville veterans benefits attorney could help you appeal that decision. The following is an overview of the VA disability claims appeal process and how a Nashville VA disability attorney can help increase your odds of successfully proving your claim.
The Comerford Law Office will review your denial letter and determine if there are any actionable steps we can take to convince the VA to reconsider its decision. You can generally request a review of the decision based on new evidence or if an error was made by the VA when rendering the initial decision.
It is important to understand that a VA disability attorney may only represent those with active appeals open with the VA. Once you have a contract with us, we will submit the necessary paperwork to the VA and gain access to your application file through the VA database.
We will review your paperwork to determine which claims are actionable, if the VA made a mistake, if your disability rating is inappropriately low, and the best way to pursue an appeal.
Our job is to then gather evidence from your doctors, fellow service members, family members, and even vocational counselors who can discuss your work capacity. Once your case file has been sufficiently updated, we can file your appeal. Hopefully, the VA reconsiders its decision to deny the claim, adjusts your disability rating, and you can begin focusing on your family or improving your life.
VA disability benefits are awarded based on your disability rating. For example, one common disability that is frequently claimed is tinnitus, or a constant ringing in the ears. The VA awards a 10% disability rating for those with chronic tinnitus. Such claims usually result in supplemental income of around $150/month. For those with more extensive disabilities, you must prove total disability or individual unemployability. Meeting this standard requires a disability rating of at least 60% for one disability or 70% collectively for two disabilities, with one of those disabilities rated at least 40%.
The Comerford Law Office helps veterans appeal denials of disability claims or have their disability rating adjusted to reflect their current work capacity. Call today to schedule a free consultation, and we can begin reviewing your case immediately.