Since VA appeals take a long time should I just re-file a new disability claim?

First, and most importantly, if a veteran withdraws the appeal and re-files a new claim they may lose significant back pay because they may lose the right to have the effective date of any subsequent win go back to the date the earlier claim was filed. Instead, the effective date would be the date of the most recent claim. Second, if a veteran files a new claim the evidentiary burden on the veteran increases requiring them to present new and material evidence and cannot rely on the evidence in the earlier claim/appeal.

Do veterans disability lawyers delay cases to increase their fees?

NO! As most veterans are aware, the VA has created and absurdly long appeal system and has made it worse by allowing a backlog of claims of nearly 1 million. The only group motivated to slow down the case is the VA since it can delay the payment of money. Moreover,...

More Resources and Information

Permanent and Total VA Disability Ratings for PTSD

What is Post Traumatic Stress Disorder (PTSD)? Post-traumatic stress disorder (PTSD) is a mental health condition that develops in some people who have experienced a shocking, scary, or dangerous event. Symptoms of PTSD usually begin within three months of the...

Depression And Your VA Claim

Depression can negatively affect every aspect of your life: how you feel, think, sleep, function, and interact with others. According to the National Alliance on Mental Health Issues, about 14% of veterans suffer from depression. Depression is one of the most common...

Four Tips On How To Get The Highest PTSD Rating

If you have been fortunate enough to have been granted service connection for PTSD, then you have probably been given a disappointingly low rating.  This is a very common situation so you are not alone. The VA regularly underrates PTSD claims.  In the...

Recent Appeals Decision Helps Veterans Prove In-Service Personal Assault

A recent decision from the Court of Appeals for Veterans Claims may make it easier for veterans claiming disability due to PTSD to prove in-service personal assault. There are special rules in place where in-service assault is involved. The VA knows it can be hard for...

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