The VA Denied Your Claim. That Doesn't Mean the VA Got It Right.
A VA denial can feel like the end of the road, especially when you've already spent months or years submitting medical records, attending examinations, and explaining how your disabilities affect your life.
But VA decisions aren't always correct. Claims are denied because evidence was overlooked, medical opinions were inadequate, regulations were misapplied, or the VA simply failed to properly develop the claim.
At Anderson & Graham, we don't believe in filing appeals just to see what happens. We review the evidence, identify the legal and factual problems with the decision, and develop a strategy designed to address those errors.
Not All VA Appeals Are the Same
Choosing the right appeal process can significantly affect your case. Depending on the circumstances, we may recommend:
Higher-Level Review: Challenging errors in the VA's application of the law, evaluation of evidence, or fulfillment of its duty to assist.
Supplemental Claims: Developing new and relevant evidence, including medical opinions, treatment records, and lay statements.
Board of Veterans' Appeals: Presenting legal arguments to a Veterans Law Judge when the Regional Office has failed to properly adjudicate the claim.
Court of Appeals for Veterans Claims: Challenging Board decisions involving legal errors, inadequate reasoning, or failure to properly consider favorable evidence.
Our job isn't simply to disagree with the VA. It's to explain precisely where the decision went wrong and why the law supports a different outcome.
Your Effective Date Matters Just as Much as Your Rating
Receiving a favorable disability rating doesn't necessarily mean the VA awarded everything you're entitled to.
An incorrect effective date can cost a Veteran years of retroactive compensation. We examine the entire claims history to determine whether the VA overlooked an earlier claim, failed to address a reasonably raised disability, mishandled an appeal, or incorrectly applied the rules governing effective dates.
In some cases, the most valuable part of an appeal isn't increasing a disability rating. It's proving that the Veteran should have been receiving those benefits years earlier.
We Handle the Complicated Cases
Our practice includes appeals involving denied service connection, underrated disabilities, secondary conditions, inadequate C&P examinations, Total Disability Based on Individual Unemployability (TDIU), and earlier effective dates.
We also evaluate more complex legal issues, including pending or unadjudicated claims, newly associated service department records, and clear and unmistakable error (CUE).
A denied claim deserves more than another form submission. It deserves a careful legal review.
Disagree with a VA decision? Contact Anderson & Graham to discuss whether an appeal is appropriate and what legal options may be available.