The R.O. Denied My Claim

General Information 

The VA Regional Offices frequently deny even the most clear-cut claims for Veterans and Veterans' Survivor Benefits.

Typically, the VA Regional Offices deny claims because they are missing (or missed) factual proof of one of the following essential elements of a claim:

  1. Proof that the Veteran meets the service eligibility  requirements 
  2. Proof that an event occurred in service
  3. Proof that the Veteran has a current diagnosis of a disability  
  4. Proof that #2 and #3 are related (this element is commonly called nexus, and the Veteran need only prove that their current disability is "at least as likely as not" related to the in-service event
  5. Proof of the degree of limitation of the current disability
  6.  Proof of entitlement to the correct effective date
The VA makes  errors all the time - some of their errors are legitimate and some are ridiculous. Furthermore, the VA frequently concludes that the evidence you submit is not credible, or that your evidence is not competent.   
 
When the Veteran is faced with a denial of benefits from the VA Regional Office,  one of the hardest things for most Veterans is to gain an understanding of how to navigate the VA Claims Process, or to understand the many ways to service-connect a military injury. 
 
This is why it is always best to consult with an accredited VA Benefits Attorney to determine the exact reasons that the VA denied YOUR claim and what YOU can do to fix it.
 
Let's not waste time complaining about the VA's inadequacies - contact us as soon as you receive your VA Ratings Decision denying your claim by using the form on the right side of this page.
 
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Frequently Asked Questions.

 

QUESTION:  How long do I have to file an appeal?

ANSWER:    As of 2013, you have one (1) year from the date of the letter delivering the VA Ratings Decision (called the Notice of  Action Letter) to file your Notice of Disagreement.
 

QUESTION:  What will the Attig Law Firm do to review my claim?

ANSWER:  First, the Attig Law Firm will request a copy of your complete Claims File (aka, C-File) from the VA Regional Office - free of charge to you.
 
Second, we will conduct a lengthy and thorough review of your file.  If we determine that your case is a good match for our firm, we will make an offer of representation.
 
Even if we decline to offer representation, we will send you a copy of your C-File, free of charge.  We will strive to give you a referral to other attorneys that may be able to assist in your claim.
 

QUESTION:  What is the Attig Law Firm's approach to representation? 

ANSWER: A few principles guide our representation, in general. 
 
First, we believe strongly in the DRO process, so we will proactively seek a DRO Conference or Hearing at your VA Regional Office. 
 
Second, we believe that "haste makes waste", and so we don't rush to change the VA's mind; we thoroughly review your file, assess the scope of benefits that we believe you are entitled to, and develop a strategy to recover those benefits.
  
Third, our primary goal is to secure "service-connection" of your conditions where appropriate. Then we work to secure the  proper Impairment Rating Percentages. Finally, we fight for what we believe is the proper and lawful Effective Date for  your claim.   
 

QUESTION:  Do you handle cases around the US?

ANSWER:  Yes.  We handle cases before all VA Regional Offices in the Continental US.
 
The only Veterans we cannot assist are those that have claims before VA Regional Offices in Puerto Rico, Alaska, and Hawaii.  
 
If you are an expatriate Veteran, or a Veteran living overseas, & your claim is being handled by the VA Regional Office in Pittsburgh, then we may be able to help you.
 

QUESTION:  What fees do you charge for representation? 

ANSWER:  For claims before the VA Regional Office and the BVA where a VA Ratings Decision is dated on/after June 20, 2007, our fee is contingency.
 
As of November 12, 2013, our standard fee is 30% of any past-due benefits that we recover.  You are also responsible for reimbursing any costs/expenses that we incur while prosecuting your claim.
 
This is general information; if the Attig Law Firm offers to represent you, we will thoroughly explain how our contingency fee is calculated and what expenses you will and won't be responsible for.
 
We do not charge any fee on future benefits - if you find a firm or advocate that engages in that practice, they may be violating the law. Please let the Attig Law Firm know.
 

QUESTION:  How long will it take to get a decision?

ANSWER:  In certain situations, we may be able to persuade the VA to act more expeditiously on your claim, but there really is no way to "light a fire" under a bureaucracy as labyrinthine as the VA.  
 
Haste Makes Waste, even in VA claims.
 
While we strive for quick resolution, our over-arching goal is quality resolution - meaning we seek more thorough and more satisfactory results from the VA in your claim.
 

QUESTION:  Do you guarantee that you will win my case? 

ANSWER:  No.  If anyone guarantees you that they will win your VA claim for you, run away.  
 
If the Attig Law Firm could guarantee that its clients would win their cases, we would relocate the Firm to  Vegas and "run the numbers".
 
The Attig Law Firm does guarantee  you will get zealous advocacy before the VA Regional Office, BVA and CAVC.  With the Attig Law Firm, a Veteran Owned Business, you will have a trusted advocate in your corner.
 

QUESTION:  Do you handle Original Benefit Claims?

ANSWER:  There are some situations where we might be able help a Veteran in their original, pre-decisional, claim before the VA Regional Office.
 
These situations typically involve pre-decisional representation for homeless Veterans in the DFW Metroplex at all levels of the VA claims process, and is typically performed pro-bono. 
 
In some situations, we will assist certain surviving spouses or dependent children in filing their original claims to the VA on a pro-bono basis.
 
If we recover past-due benefits from the VA for you, we will help your surviving spouse file his/her Survivor Benefits claim with the VA Regional Office, and we will not charge any attorney fee to do so.
 
Take a Look at Our Veterans Law Blog.
 
We have amassed several hundred blog posts on topics pertaining to VA Claims, Veterans Benefits, BVA and CAVC appeals, and much more.  
 
Learn how the Veterans Law Blog is Organized, then take a look at some of our introductory posts:

Can I share my Vision with you?

Learn why we are all over Social Media.

Do you have the  MOST IMPORTANT Document in Your VA Claim?

Learn the 4 Pillars of a VA Claim.

What is 5-Star Evidence?

How much proof do you need in the Evidence Thermometer?

Do you know all 5 Ways to Service Connect Your Military Injury?

To DRO or No-DRO: Which is Faster in a VA Appeal?

 

Blog Disclaimer.

By Chris Attig