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Veteran Disability Appeals Attorney Serving All 50 States

Has Your VA Disability Claim Been Denied? We Can Help.

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How Can a Veteran Disability Appeals Lawyer from VetLaw Help Me?

  • Are You Waiting For The VA's Decision?

    Some veterans who are disabled apply for disability compensation and receive the compensation they deserve without much trouble. Unfortunately, most veterans encounter resistance when they attempt to make a claim. In order for a VA disability attorney to help you, you typically must have been denied at least one time before an attorney can assist you. If you are waiting for your decision, we encourage you to learn more how the appeals process and how we should be your first call if you find out your VA disability benefits have been denied.

  • Have You Received a VA Denial?

    If you have already received a denial, many people wait until it is too late to contact our office regarding their VA disability claim. Unfortunately, veterans only have one year from the date Veteran Affairs mails its decision to file an appeal. Waiting too long to take action can jeopardize the success of your case and prevent you from obtaining the benefits you need and deserve. For this reason, it is important for you to contact a nationwide veteran disability attorney as soon as possible regarding your VA disability claim.

  • Are You A Family Member of A Veteran Seeking Help?

    There are several resources available to support the surviving family members and loved ones of veterans. The Dependency and Indemnity Compensation (DIC) program provides monthly benefits to the surviving spouses, parents, and dependent children of veterans only for service-connected deaths, meaning the cause of death must be shown to be related to military service. For more information on DIC and other resources for families, in addition to disability compensation, read more below or schedule a free case review to understand more about benefits for families.

    More About VA Family Resources

About VetLaw

We understand that many veterans are deterred from seeking legal assistance due to costs. Many people fear the out-of-pocket expenses associated with hiring legal representation, and do not seek out help for that reason. At VetLaw, we believe that legal representation should be accessible to all. For this reason, we use a “no win, no fee” pay structure. If we do not successfully resolve your case, you do not pay for our services. This pay structure not only inspires us to work diligently for our clients and their families, but motivates us to fight for you.

Providing Accessible Legal Representation to All

We understand that many veterans are deterred from seeking legal assistance due to costs. Many people fear the out-of-pocket expenses associated with hiring legal representation, and do not seek out help for that reason. At VetLaw, we believe that legal representation should be accessible to all. For this reason, we use a “no win, no fee” pay structure. If we do not successfully resolve your case, you do not pay for our services. This pay structure not only inspires us to work diligently for our clients and their families, but motivates us to fight for you.

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How Can a Veteran Disability Appeals Lawyer from VetLaw Help Me?

The Veteran Affairs disability appeals process is undeniably complex and difficult to navigate. Many veterans report feeling stuck in the process, unsure of how to proceed or where to turn for help. Seeking assistance from an experienced nationwide veteran disability appeals lawyer at VetLaw can be beneficial, as your attorney will be able to:

  • Review your case and provide personalized legal guidance based on your unique circumstances
  • Assist you in gathering new and relevant medical evidence to support your case
  • Manage all correspondence with Veterans Affairs
  • Ensure that all necessary deadlines are adhered to in order to avoid delays
  • Help you avoid the common pitfalls that veterans experience during the process

The right attorney for you will listen to your concerns and craft a tailored legal strategy to meet your goals. They will approach your case with compassion and care, communicate with you transparently, and work with you until your case is won. At VetLaw, this is the type of service we provide to every client.

What Our Clients Say

Absolutely the best attorney for getting your VA benefits. After 7 years of denial, I found Brendan Garcia of VetLaw. He reviewed my case, set up a plan , scheduled my video hearing in front of a Veteran law judge, flew out to Phoenix to be there with me during the hearing. Hired a doctor to help draft a report to help my case. When all the smoked cleared, I’m now collecting max disability monthly, back pay beyond my wildest dreams. Brendan Garcia never stopped. He is an expert in Veterans law. Best decision of my life was to have him on my side. Bar none, Brendan is a terrific VA benefits attorney!

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No Win

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Representing Veterans In All

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VA DISABILITY BENEFITS CLAIM TYPES

INDIVIDUAL UNEMPLOYABILITY BENEFITS

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VA DISABILITY APPLICATIONS

VA DISABILITY APPEALS

Our Attorneys

Brendan Garcia, partner and lead attorney for veteran disability benefits

Brendan Garcia

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Matthew White

MOST COMMON PHYSICAL DISABILITIES

MOST COMMON MENTAL HEALTH DISABILITIES

Our Values & Approach

VetLaw is made up of a team of compassionate and dedicated individuals who are committed to advocating for the rights of veterans across the country. United by the core belief that all veterans should be able to access the benefits they need and deserve, our team has spent a decade building a practice that upholds the interests of veterans and ensures that they are seen as more than just a number in the system.

Our legal practice is made up of two nationwide veteran disability attorneys, Founder and Lead Attorney Brendan Garcia and Appellate Attorney Matthew White. Lead Attorney Brendan Garcia has taken his Marine Corps experience and time spent working as an attorney for Veterans Affairs and created a practice to address the common concerns and challenges faced by veterans at a systemic level. Appellate Attorney Matthew White was called to service due to his family connection to the armed forces and a deep desire to help veterans navigate the appeals process.

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Under this new system, veterans have three review options when filing a VA disability appeal, which include:

  • Supplemental Claim: if you have new or relevant evidence that was not already reviewed by Veteran Affairs, submitting a supplemental claim allows you to provide this evidence.
  • Higher-Level Review: this option is beneficial for individuals who believe an error occurred during the claims process. Here, a senior reviewer will reassess your claim and determine if a second option changes the outcome of your case.
  • Board Appeal: requesting a board appeal takes your case directly to the Board of Veterans’ Appeals in Washington, D.C. Through this option, you can request a direct review, submit additional evidence, or petition for a hearing in front of a Veterans Law Judge.

The review option that you use to file a VA disability appeal will depend on the unique circumstances of your case. A knowledgeable nationwide veteran disability appeals lawyer can provide further insight into which type of review option is right for you.

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With DIC, the cause of death does not have to be service connected prior to the veteran dying, but if it wasn’t, the widow must show a connection to service to win entitlement to DIC. The exception to this rule is if a veteran was 100% for at least 10 years prior to death. We know these rules are not always easy to follow and your nationwide veteran disability appeals lawyer from VetLaw can help you understand the eligibility requirements and navigate receiving compensation under this program.

In addition to disability compensation, the VA also provides the following resources to the surviving family members of veterans:

  • Education and training assistance to cover the costs of tuition, housing, books, and supplies
  • Career and employment counseling to understand your career options and navigate the potential barriers to success
  • Healthcare
  • Housing assistance, offering three loan guaranty programs to help refinance a mortgage or purchase a new home
  • Life insurance coverage to provide financial assistance to the surviving family members of veterans
  • Burial and memorial services
  • Pensions

Your attorney or local Veterans Affairs office can provide further insight into the resources available to you and your family, and help you apply for any benefits that you are eligible for.

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The appeals process is a review process that allows you to choose from three decision review options:

  • Supplemental Claim
  • Higher-Level Review
  • Board Appeal
  • No medical diagnosis of a disability
  • No clear “nexus” to prove a service connection
  • No evidence of current disability symptoms

Today, 31% of disability claims are denied—and 60% of those denials are in error.

The average wait time for a VA decision is around 107 days. The VA’s goal is to issue all decisions within 125 days.

The estimated time it takes to decide appeals to the BVA is 365 days. However, if a hearing is requested, it will take more than 365 days.

The BVA is the appellate body of the VA and has the ability to overrule decisions made by a regional VA office.

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Yes. VA benefits are granted to veterans as long as they remain disabled at the same level of impairment and even until their death.

The VA has no mandate to deny claims. However, they will deny your request if it is not filed using the correct form.

Frequently Asked Questions

What Are the Types of Review Options When Filing a VA Disability Appeal?

Under this new system, veterans have three review options when filing a VA disability appeal, which include:

  • Supplemental Claim: if you have new or relevant evidence that was not already reviewed by Veteran Affairs, submitting a supplemental claim allows you to provide this evidence.
  • Higher-Level Review: this option is beneficial for individuals who believe an error occurred during the claims process. Here, a senior reviewer will reassess your claim and determine if a second option changes the outcome of your case.
  • Board Appeal: requesting a board appeal takes your case directly to the Board of Veterans’ Appeals in Washington, D.C. Through this option, you can request a direct review, submit additional evidence, or petition for a hearing in front of a Veterans Law Judge.

The review option that you use to file a VA disability appeal will depend on the unique circumstances of your case. A knowledgeable nationwide veteran disability appeals lawyer can provide further insight into which type of review option is right for you.

The Veteran Affairs decision review process is used to appeal a decision made on or after February 19, 2019. This process replaced the VA legacy appeals system, modernizing the process and prioritizing timely decision-making.

What Veterans Affairs Disability Resources Are Available for Surviving Family Members of Veterans?

With DIC, the cause of death does not have to be service connected prior to the veteran dying, but if it wasn’t, the widow must show a connection to service to win entitlement to DIC. The exception to this rule is if a veteran was 100% for at least 10 years prior to death. We know these rules are not always easy to follow and your nationwide veteran disability appeals lawyer from VetLaw can help you understand the eligibility requirements and navigate receiving compensation under this program.

In addition to disability compensation, the VA also provides the following resources to the surviving family members of veterans:

  • Education and training assistance to cover the costs of tuition, housing, books, and supplies
  • Career and employment counseling to understand your career options and navigate the potential barriers to success
  • Healthcare
  • Housing assistance, offering three loan guaranty programs to help refinance a mortgage or purchase a new home
  • Life insurance coverage to provide financial assistance to the surviving family members of veterans
  • Burial and memorial services
  • Pensions

Your attorney or local Veterans Affairs office can provide further insight into the resources available to you and your family, and help you apply for any benefits that you are eligible for.

There are several resources available to support the surviving family members and loved ones of veterans. The Dependency and Indemnity Compensation (DIC) program provides monthly benefits to the surviving spouses, parents, and dependent children of veterans for only for service-connected deaths, meaning the cause of death must be shown to be related to military service.

What do I do if my VA claim is denied?

The appeals process is a review process that allows you to choose from three decision review options:

  • Supplemental Claim
  • Higher-Level Review
  • Board Appeal

You have the right to appeal.

Why are VA claims denied?

  • No medical diagnosis of a disability
  • No clear “nexus” to prove a service connection
  • No evidence of current disability symptoms

The top three reasons for a VA disability claim denial:

What percentage of VA disability claims are denied?

Today, 31% of disability claims are denied—and 60% of those denials are in error.

How long does a VA appeal take?

The average wait time for a VA decision is around 107 days. The VA’s goal is to issue all decisions within 125 days.

How long does it take for a BVA decision?

The estimated time it takes to decide appeals to the BVA is 365 days. However, if a hearing is requested, it will take more than 365 days.

What Is the Board of Veterans’ Appeals (BVA)?

The BVA is the appellate body of the VA and has the ability to overrule decisions made by a regional VA office.

Can you receive VA disability benefits for life?

Yes. VA benefits are granted to veterans as long as they remain disabled at the same level of impairment and even until their death.

Does the VA try to deny claims?

The VA has no mandate to deny claims. However, they will deny your request if it is not filed using the correct form.

Hiring a Veteran Disability Attorney to Help You Appeal Your Denial 

If you are considering appealing your denial, or if you are already in the midst of the process, hiring a veteran disability attorney can make all the difference in the success of your case. At VetLaw, we work closely with disabled veterans and their loved ones to successfully appeal your denial and secure VA disability benefits as quickly and efficiently as possible. To begin your free case review, consider contacting our team of experienced nationwide veteran disability attorneys at 336-355-8387 today.