VA Disability Appeals

A denial is not the end of the road; it is often the beginning of the legal process. My practice focuses on identifying errors in VA decisions to pursue the ratings and benefits you have earned.

The Appeals Modernization Act (AMA)

The VA claims process is rigid, but the Appeals Modernization Act (AMA) provides three distinct "lanes" at the Agency level to challenge a decision. Selecting the wrong path can result in unnecessary delays and the potential loss of your original effective date.

I personally review your Claims File (C-File) to determine the exact basis for the denial and select the strategic path most likely to produce a favorable outcome.

Supplemental Claim

Used when New and Relevant Evidence is available. This path allows for the submission of missing service records or a new medical nexus letter to bridge the gap in your claim.

Higher-Level Review

Appropriate when the evidence is sufficient, but a Rater made a mistake. I request an informal conference with a senior reviewer to argue the facts based on the existing record.

Board Appeal (BVA)

Appealing directly to a Veterans Law Judge. This is often necessary for complex legal disputes or when a Regional Office fails to apply the law correctly to your case.

Independent Federal Court

Court of Appeals for Veterans Claims (CAVC)

If the Board of Veterans' Appeals (BVA) issues a final denial, the case can be taken to the U.S. Court of Appeals for Veterans Claims.

The CAVC is an independent federal court in Washington, D.C., with the authority to overrule VA decisions. At this level, the process is adversarial. The VA will assign attorneys to defend the denial; you require an accredited attorney to argue the legal errors on your behalf.

"I am admitted to practice before the CAVC. While many VSOs and unaccredited agents cannot practice at this level, I provide the credentials and discipline required to challenge VA decisions in Federal Court."

Every BVA decision is reviewed for legal error—such as a failure to consider favorable evidence, a lack of adequate reasoning, or a misapplication of federal law.

Appellate Focus Areas

Representation is available for claims at all stages of the appellate process, covering a wide range of service-connected disabilities and disputes.

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Service Connection Denials: Establishing the legal link between your condition and your service.
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Rating Increases: Challenging undervalued decisions to secure the correct disability percentage.
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TDIU Claims: Total Disability based on Individual Unemployability for veterans unable to work.
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Effective Date Disputes: Pursuing the correct date for the commencement of benefits and back pay.
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CUE Claims: Reopening final decisions based on "Clear and Unmistakable Error" by the VA.
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Federal Litigation: Arguing Board of Veterans’ Appeals denials before the CAVC.

Case Evaluation

Attorney fees for VA appeals are typically based on a percentage of recovered back pay. You pay no upfront cost for representation.

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