Areas of Advocacy:

Initial Claims

Initial claims (also called original claims) are new, never-before-filed claims for VA disability compensation. These can be filed at any time, regardless of how much time has passed since the Veteran's separation.

Re-filed Claims

Re-filed claims are claims that have been previously denied by the VA or otherwise abandoned by the Veteran during their pendency.

Claims for Increase

Claims for increased rating are claims for entitlement to a higher disability evaluation for an already service-connected disability.

Appeals before the RO

Appeals to the Regional Office (RO) are pursued via a Request for Higher-Level Review or Supplemental Claim. Both appellate options entail review of the claim by an RO adjudicator with a goal completion timeline of approximately 120 days.

TDIU “Claims”

TDIU "claims" are filings for entitlement to a total disability evaluation due to individual unemployability. This benefit is often pursued when the Veteran's overall disability evaluation is less than 100 percent, but the Veteran is unable to work due to service-connected disability/ies.

Appeals to the BVA

The Board of Veterans' Appeals (or BVA) is located in Washington DC. Appealing to the Board constitutes a request for review of an RO adjudication by a Veterans Law Judge. Hearings are optional.

CUE “Claims”

Allegations of clear and unmistakable error (colloquially known as CUE "claims") are requests for revision in prior adjudications based on the belief that the VA clearly and unmistakably erred in promulgation of the decision.

Appeals to the CAVC and CAFC

Appeals to the Court of Appeals for Veterans Claims (CAVC) entail judicial review of BVA decisions. Appeals to the U.S. Court of Appeals for the Federal Circuit (CAFC) initiate judicial review of CAVC decisions.

DIC Claims

Claims for entitlement to dependency and indemnity compensation (DIC) are filings for entitlement to compensation for statutorily and regulatorily eligible surviving spouses/qualifying family members of deceased Veterans.

Claims for SMC

Special monthly compensation (SMC) is additional payment from the VA for veterans with service-connected disabilities that are so severe they warrant a higher rating than the standard 100 percent disability.

Section 1151 Claims

Claims can be brought under 38 U.S.C. § 1151 when a veteran sustains a new disability (or worsening condition) as a result of VA medical care. The VA will compensate the veteran for the condition as though it is service-connected.

Action under the FTCA

Under the Federal Tort Claims Act (FTCA), a veteran may sue the VA for damages from medical malpractice caused by a VA employee's negligence acting within the scope of their duties. This action must be brought within two years of the event/injury.