In July 2024, the Department of Veterans Affairs had more than 940,000 disability and pension claims awaiting processing. The sheer number of claims leads to long wait times, making the process frustrating for veterans who served their country. Eventually, many of these claims are denied, forcing veterans to go through a long appeals process.
Your initial disability claim, also known as an original claim, is the first claim you file. You can file a claim before you leave active duty or after your discharge. An appeal is what you file if you disagree with the decision made on your initial disability claim.
At Hill & Ponton, we focus on disability appeals and increases, giving veterans a place to turn when the claims process becomes overwhelming. In military service, the right equipment and resources can lead to mission success, and the same holds true for your disability claim.
Our firm was founded by a veteran, so we understand the challenges of transitioning from active duty to civilian life. We also have a thorough understanding of the claims process. Thanks to our focus on serving disabled veterans, we have a high success rate in California and throughout the United States. In fact, we have a 96% success rate in helping veterans get their hard-earned benefits.
We’re VA-accredited attorneys who have fought for disabled veterans in California and thousands more nationwide to get the VA benefits they’re entitled to. We’d be honored to have a VA appeals lawyer in California do the same for you.
VA Disability Lawyers in California
Hill & Ponton has experience helping veterans get the following types of benefits:
- Disability compensation: Standard disability compensation entitles you to tax-free monthly payments in an amount based on your disability rating.
- Dependency and indemnity compensation (DIC): DIC is for spouses and dependent children.
- Special monthly compensation (SMC): Some veterans qualify for additional compensation due to severe disabilities.
- Healthcare benefits: Eligible veterans have access to VA Medical Centers in California and other U.S. states.
- Vocational rehabilitation and employment (VR&E): You may qualify for training and other types of support to help you start a new career.
- Total disability based on individual unemployability (TDIU): You may qualify for additional compensation if your disability is severe enough to prevent you from maintaining “substantial gainful employment.”
Is It Worth Appealing a VA Disability Claim?
Hill & Ponton has a 96% success rate in helping veterans get the benefits to which they’re entitled, so it’s absolutely worth it to appeal your claim. Having an experienced veterans appeals attorney in California offers several benefits:
- Claim analysis: We have experienced professionals review every line of your original claim to determine why it was denied. Common reasons include missed deadlines, insufficient medical evidence, or the lack of a connection between military service and your disability.
- Evidence review: Our veterans appeal lawyers in California have the resources to gather missing service records and collect additional evidence from medical experts, strengthening your claim.
- Appeals strategy: Once we analyze your claim and gather additional documentation, we develop an appeals strategy. Because we focus on helping veterans get their service-connected benefits, we have extensive experience filing supplemental claims, requesting reviews from senior claims adjudicators, and appealing directly to the Board of Veterans’ Appeals.
Our VA claim appeal lawyers in California also stay current on the appeals process. In 2017, the Department of Veterans Affairs began to modernize its claims system, changing the way veterans submit appeals. Having a VA appeals attorney in California ensures your claim adheres to all the new guidelines.
A California Veteran’s Story: Terry R.
After the VA denied my original disability claim, I decided to appeal the case using a legal firm to represent me. The first firm I contacted emailed back that they weren’t interested and recommended that I work with a local facilitator (like the American Legion). The second firm wanted the case, but when I couldn’t get in touch with the attorney who was to handle the case to ask a few questions, I crossed them off my list.
The third firm was Hill & Ponton. They contacted me to schedule a phone call with senior partner Sara Hill. Within several days, she and I had an hour-long phone conversation. It was clear that she had already read the original filing and the denial paperwork. Her observation was that their firm sees many cases like mine (deserving, but denied without the reviewer closely inspecting the information submitted about the claim).
She reviewed with me, in general, how she would proceed with the case, which made perfect sense. We agreed to the terms of a contingency retainer, which provided that Hill & Ponton would get compensated only if they won an appeal on my behalf. During the coming months, the firm did an excellent job of keeping me posted on what was happening and sent me copies of everything for my file. And I could always reach Sara or one of her aides if I had questions.
Sara’s strategy was to initially submit an appeal using the Review by a Higher Authority option. After about 4 months after filing it, she received a notice that the VA was approving my appeal at the 100% level, retroactive to my initial claim filing date. To say the least, I was ecstatic.
How Long Does a VA Appeal Take With an Attorney?
You have several options for appealing a VA disability denial:
- Supplemental claim: Filing a supplemental claim is an option if you have new evidence that you didn’t include with your original submission.
- Higher-level review: If you believe your claim was denied in error, you can ask for a higher-level reviewer to take a second look. The higher-level reviewer can only review the evidence you submitted with your original claim.
- Board appeal: Choosing a board appeal ensures that a Veterans Law Judge reviews your case.
Without an attorney, it typically takes 12 months for the Board of Veterans’ Appeals to complete a direct review of an appeal. If you request a hearing or submit new evidence, you can expect the wait time to increase. In these situations, the Board aims to issue a decision within 1.5 to 2 years, but it may take much longer.
Hiring an attorney for VA appeal in California doesn’t make the Board of Veterans’ Appeals process claims faster, but it can help you avoid unnecessary delays. For example, it’s common for veterans to submit insufficient medical evidence with their claims. We perform a thorough analysis and take time to gather supporting evidence, reducing the risk that your claim will be delayed.
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Why Do Claims Get Rejected?
Common reasons for rejection include a lack of medical evidence, missed deadlines, and incomplete forms. Some veterans receive denials due to a lack of nexus, which is a clear link between their military service and their disability.
Our appeal lawyers will examine your case with a fresh eye and develop an appeals strategy designed to minimize delays.
Disability claims are often rejected for these reasons:
- Missed deadlines: If you miss a filing deadline, you may not get the outcome you desire.
- Missing forms: The VA requires service records, medical evidence and other documents. If you forget to include a form, your claim may be delayed or rejected outright.
- Incomplete forms: If you’re missing one of the required forms, the adjudicator won’t have a complete picture of your situation, making a denial more likely.
- Lack of a connection between military service and disability: If you don’t provide evidence of a nexus, the adjudicator may assume your condition has no relation to your military service.
- Preexisting conditions: In some cases, claims are rejected due to preexisting conditions, which are physical or mental problems that existed before your military service.
- No medical nexus exam: To establish nexus, you have to get a comprehensive medical exam. If you don’t meet this requirement, you won’t have enough evidence to support your claim.
Successful Appeals for Our California Veterans
It’s important to establish a clear connection between your disability and your military service (nexus). The VA also looks for the following:
- Evidence of a current physical or psychological disability
- Separation documents (e.g., DD214)
- Service treatment records
- Test results, progress notes and other evidence from medical experts
- Lay evidence (written testimony from someone who isn’t a medical expert)
Some veterans file claims due to toxic exposure during their service. The PACT Act expanded the benefits available to veterans exposed to Agent Orange, burn pits, and other hazardous substances.
What the VA Disability Appeals Process Involves
- Choose an appeal path: supplemental claim, higher-level review, or board appeal.
- Complete the appropriate appeal form.
- Submit supporting documentation.
- Provide additional information, if requested.
- Wait for a decision.
Disability Ratings and Compensation
Your disability rating corresponds to the severity of your disability, which affects how much compensation you receive. The VA calculates this rating by determining how much your disability affects your earning capacity. Ratings range from 0% to 100% (total disability).
Our disability calculator shows how much a single veteran with no dependents might earn per month based on their overall rating:
- 10%: $175.51
- 20%: $346.95
- 30%: $537.42
- 40%: $774.16
- 50%: $1,102.04
- 60%: $1,395.93
- 70%: $1,759.19
- 80%: $2,044.89
- 90%: $2,297.96
- 100%: $3,831.30
Benefits for Veterans in California
In addition to federal benefits, California offers its own benefits to veterans.
- College Tuition Fee Waiver for Veteran Dependents: Waives tuition and fees for the dependents of eligible veterans at the University of California, California State University, and State of California Community College campuses
- Disabled veteran license plates: Provides access to disabled parking spaces for veterans who meet the disability requirements
- CalVet home loans: Offers home loans with attractive terms to qualifying veterans
- Veterans homes: Provides affordable long-term care to eligible veterans
- Property tax exemptions: Gives eligible veterans a property tax exemption of up to $150,000
Resources for California Veterans
VA & Veterans Organizations
The Department of Veterans Affairs has several resources in the State of California, such as VA hospitals, outpatient clinics, and vet centers. VA healthcare facilities exist to meet the physical and mental needs of veterans, while the Veterans Benefits Administration provides financial assistance to eligible veterans and dependents.
In addition to the VA, California also has many nonprofit organizations dedicated to helping veterans and their families. These include:
- Fisher House Southern California: Fisher House provides accommodations for family members whose loved ones are receiving care at local VA and military hospitals. The organization has four houses in Southern California.
- Veterans Transition Center of California: VTC aims to help veterans achieve stability after incarceration or homelessness.
- California Association of Veteran Service Agencies (CAVSA): CAVSA is a consortium of six nonprofit agencies that work together to address issues of importance to veterans, such as mental health, housing and employment.
Veterans Associations and Clubs
Social clubs and private associations also provide support to veterans living in California. These organizations are in some of California’s largest cities:
The Military Bases in California
- Beale AFB
- Edwards AFB
- Fort Irwin
- Los Angeles AFB
- March Air Force Reserve Base
- Marine Corps Air Station Miramar
- Marine Corps Base Camp Pendleton
- Marine Corps Logistics Base Barstow
- Marine Corps Recruit Depot San Diego
- Military Ocean Terminal Concord
- Monterey Presidio
- Naval Air Facility El Centro
- Naval Air Station Lemoore
- Naval Air Weapons Station China Lake
- Naval Base Coronado
- Naval Base Point Loma
- Naval Base San Diego
- Naval Base Ventura County
- Naval Information Warfare Systems Command
- Naval Weapons Station Seal Beach
- Sierra Army Depot
- Travis AFB
- Vandenberg AFB
Who Can Help Me With My VA Appeal in California?
Just like there are different types of organizations dedicated to helping veterans outside the VA, there are nonprofit and private organizations that can help with disability appeals. An experienced veterans appeals attorney in California can help you make sense of the VA’s complex requirements and develop a strategy to maximize your chances of winning an appeal.
A VA appeals lawyer in California serves as a trusted partner and confidant when navigating the VA disability appeals process.