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VA Disability Appeal Lawyer for Denied Claims

VA Disability Appeals and Hearings

We know that the range of disabling conditions U.S. military veterans endure is nearly as broad as the range of their military experience. At any time, a former member of the Army, Navy, Air Force, Marines, National Guard or other branch may begin to be seriously affected by an injury or illness connected to his or her service.

Any veteran in this situation should apply for disability compensation available from the U.S. Department of Veterans Affairs — regardless of whether the condition is totally disabling and prevents work, and regardless of other government benefits being received. If you are a veteran with questions on your VA disability claim, contact our Birmingham office for answers. We have extensive experience with VA hearings and the appeals process.

If you have applied for veterans disability compensation and received a VA claim denial, a disability rating lower than your condition merits, or an incorrect effective date, a qualified lawyer may prove essential for getting the compensation you need and deserve. We also pursue appeals of denied dependency and indemnity compensation (DIC benefits) claims on behalf of qualifying spouses of deceased veterans.

Denied VA disability benefits

The majority of claims for VA disability benefits are denied on the initial filing. In many cases the veteran may actually be qualified to receive benefits even though the claim was denied.

Reasons for claim denials include:

  • Failure to provide medical records or other documentation

  • Service connection to disability not adequately established

  • VA processing error

  • VA disability rating under 10%

  • Condition is deemed as pre-existing

For situations like these and others, qualified veterans who have become disabled due to a service related condition have their claims rejected by the VA. In many of these cases, a veterans disability attorney could have made the difference in whether the claim was denied or not. If your VA claim has been denied, having legal representation from an experienced VA disability attorney can greatly increase your odds of a successful appeal.

Friedman Law Firm, VA Disability Lawyers

Experienced in VA Disability Claims at All Levels

Our attorneys represent veterans and their families at all levels of the VA claims hearing and appeal process, including:

  • Providing basic counsel on what may be required to prove eligibility for VA disability benefits at the initial application stage, especially in cases involving mental conditions such as bipolar disorder, PTSD or any illness related to Agent Orange exposure

  • Filing the required Notice of Disagreement to contest a claim denial

  • Requesting hearings and providing representation at hearings before the regional Veterans Affairs office in Montgomery, Alabama, or the Board of Veterans Appeals (BVA)

  • Handling all aspects of appeals to the federal Court of Appeals for Veterans Claims (CAVC) when prior efforts fail to yield positive results

Strategies for VA disability appeals

The challenges veterans face when seeking compensation benefits include constructing a case that asserts the strongest, clearest disability claims among multiple ailments potentially related to military service. An understanding of how VA examiners view these cases can be critical, as well as access to vocational experts, physicians and others useful to demonstrating your level of disability and its impact on your life.

Increased ratings, individual unemployability, and secondary conditions

The VA disability attorneys of Friedman Law Firm have a proven track record of success with veterans appeals, as well as achieving increased VA disability ratings, higher level review, and call ustotal disability individual unemployability. We explore every possible avenue for success with your VA disability claim, including whether any possible secondary conditions, including mental health conditions such as post-traumatic stress disorder (PTSD), have occurred or were worsened as a result of your service connected disability.

Maximizing back pay and retroactive benefits

If your initial disability claim has been denied and you succeed on appeal or review, you will have a longer wait to ultimately receive your benefits. In these cases, you are entitled to back pay for the period of time going back to your effective date, which is the date you were determined to be eligible for benefits, and the actual date you are finally approved on appeal. If we can establish that your effective date for benefits is earlier than the VA has originally determined, we will fight for retroactive benefits for the time between your earlier effective date and the time determined by the VA. The attorneys of Friedman Law Firm have extensive experience in maximizing these benefits owed to military veterans who are successful on appeal or review.

Serving Veterans Both State and Nationwide: VA Disability Attorneys

Every case for VA compensation is different, and each VA disability appeal calls for a unique approach. To consult a Birmingham veterans appeals attorney who will hear you out and offer honest counsel, please contact us today at Friedman Law Firm, P.C. We offer a free initial consultation.