Practice Areas

When a local VA office denies a claim or offers an unsatisfactory rating, the next step often involves the Board of Veterans’ Appeals (BVA). This body reviews decisions to determine if the evidence supports a different outcome. The BVA process allows for a more thorough review by a Veterans Law Judge, providing an opportunity to correct errors made at the regional level. Effectively presenting a case here requires a deep understanding of veterans law and the ability to construct a compelling legal argument based on the medical record.

If the Board of Veterans’ Appeals denies a claim, the fight does not have to end. The U.S. Court of Appeals for Veterans Claims (CAVC) provides judicial oversight of BVA decisions. This is a federal court that reviews whether the BVA followed the correct laws and regulations. Appealing to the CAVC is a highly technical legal process that focuses on finding legal errors in the Board’s decision, rather than re-weighing the facts of the case.

Total Disability Individual Unemployability (TDIU/IU) provides a pathway for veterans to receive compensation at the 100% rate, even if their combined disability rating does not mathematically reach that level. This benefit is designed for veterans whose service-connected conditions prevent them from securing or maintaining substantially gainful employment. Establishing eligibility often involves proving that a veteran’s specific limitations, whether physical or mental, make traditional employment impossible, regardless of their schedular rating.

Many service members were exposed to hazardous substances that led to serious, long-term health issues. From Agent Orange in Vietnam to burn pits in the Middle East and contaminated water at Camp Lejeune, these exposures have been linked to numerous conditions, including cancers and respiratory diseases. Securing benefits for toxic exposure often relies on understanding the shifting landscape of presumptive conditions and effectively linking a current diagnosis to service history.

Dependency and Indemnity Compensation (DIC) is a tax-free monthly benefit for eligible survivors of service members who died in the line of duty or veterans whose death resulted from a service-connected injury or disease. This benefit provides financial support to spouses, children, and sometimes parents. Establishing eligibility can be complex, often requiring proof that the veteran’s service-connected condition was a principal or contributory cause of death.

Service-connected mental health conditions, including Post-Traumatic Stress Disorder (PTSD), anxiety, and depression, can be as debilitating as physical injuries. The VA rates these conditions based on the severity of symptoms and their impact on social and occupational functioning. Securing an accurate rating often requires detailed evidence showing how the condition affects daily life, relationships, and the ability to work, rather than just a diagnosis in a medical file.

For veterans suffering from the debilitating residuals of a Traumatic Brain Injury (TBI), standard disability compensation may not be enough to cover the extensive care they require. Congress established a specific level of Special Monthly Compensation, known as SMC(t), to address this need. SMC(t) provides compensation at the highest possible rate for veterans who require regular aid and attendance due to their TBI but do not necessarily need the skilled medical care (like injections or physical therapy) required for other high-level ratings.

This benefit acknowledges that TBI survivors often need constant supervision and assistance with daily activities to remain safe and avoid institutionalization, even if they don’t require a licensed nurse. Securing SMC(t) requires meeting a specific three-part eligibility test, often necessitating detailed medical evidence and lay testimony to prove the need for this level of care.