Many Northern California veterans face denials when applying for VA disability benefits, even with legitimate, well-documented service-connected conditions. If your claim was denied, you have the right to appeal.
At Berg Injury Lawyers, we help veterans throughout San Francisco and Northern California navigate the VA appeals system and fight for the benefits they’ve earned. For help appealing your claims denial, contact us today to schedule a consultation.
Understanding VA Disability Benefits
The VA provides disability compensation to veterans whose physical or mental health conditions were caused or worsened by military service. The VA assigns a disability rating (a percentage from 0% to 100%) that determines your monthly payment.
If your condition worsens or your claim was denied, you can appeal or request a new review.
The VA Disability Appeals Process
The VA modernized its appeals process in 2019, creating a more flexible system for veterans to challenge denied or underrated claims. Today, there are three main appeal options:
- Higher-Level Review: A senior VA reviewer conducts a de novo (completely new) review of your claim, re-examining all existing evidence without giving weight to the earlier decision. This option is ideal if you believe a mistake was made in the initial review.
- Supplemental Claim: This allows you to submit new or relevant evidence that wasn’t considered before, such as updated medical records or expert statements. It’s often the best path if you have additional documentation to strengthen your case.
- Board Appeal: Your claim is reviewed by a Veterans Law Judge at the Board of Veterans’ Appeals (BVA). Veterans in Northern California can request a hearing in person, by video, or locally through the Oakland VA Regional Office. These hearings are less formal than court proceedings but allow you to present your story and evidence directly to a decision-maker.
Appeals can take many months, or even longer. But successful appeals often result in retroactive back pay dating back to your original claim. That means you could recover compensation for years of unpaid benefits, providing vital financial relief.
Common Reasons VA Claims Are Denied
Even valid claims are sometimes rejected for technical or procedural reasons. Some of the most common include:
- Incomplete or missing medical evidence
- Lack of proof connecting the condition to military service (“service connection”)
- Low disability ratings that don’t reflect symptom severity
- Errors during Compensation & Pension (C&P) exams
- Missed deadlines or incomplete forms
Our team can pinpoint what went wrong, gather additional medical and service evidence, and ensure your appeal meets every requirement to strengthen your case.
Individual Unemployability (TDIU) and Increased Ratings
Some veterans can no longer work because of their service-connected conditions. If that’s your situation, you may qualify for Total Disability based on Individual Unemployability (TDIU).
TDIU allows veterans whose conditions prevent them from maintaining gainful employment to receive benefits at the 100% disability rate, even if their combined rating is lower. These benefits are tax-free and often last a lifetime. Our veterans disability attorneys can help determine your eligibility and assist in filing or appealing a TDIU claim.
What Evidence Strengthens Your VA Appeal
Strong evidence is the foundation of a successful appeal. The VA needs clear proof that your condition is service-connected and affects your ability to work or function. Here’s what helps:
- Medical Records and Documentation: Current medical records from your doctor showing diagnosis, treatment, and how your condition limits daily activities. The more detailed and recent, the better.
- Independent Medical Opinions (IMOs): A private medical expert can review your case and provide a nexus letter, which is a detailed statement linking your condition directly to your military service. IMOs often carry more weight than standard C&P exams.
- Buddy Statements: Written statements from fellow service members, family, or friends who witnessed your condition during or after service. These firsthand accounts can corroborate your claims when official records are incomplete.
- Service Treatment Records (STRs): Documentation of injuries or illnesses during active duty. If your STRs are missing or incomplete, we can help track them down or explain gaps in your record.
- Lay Evidence: Your own written statement describing how your condition developed, worsened, or affects your daily life. Personal testimony matters, especially when medical records don’t tell the full story.
- Employment Records: For TDIU claims, documentation showing job loss, reduced hours, or inability to maintain work due to your service-connected condition.
Missing evidence is one of the top reasons claims get denied. Our team knows what the VA looks for and can help you gather the right documentation to build the strongest possible appeal.
Resources for Veterans in San Francisco & Northern California
The Bay Area offers strong support networks and medical resources for veterans. Whether you’re preparing an appeal, seeking healthcare, or connecting with advocacy organizations, help is available close to home.
Local VA Medical Centers and Clinics
- San Francisco VA Medical Center: 4150 Clement Street, San Francisco, CA 94121
- Palo Alto VA Health Care System: 3801 Miranda Avenue, Palo Alto, CA 94304
- Martinez VA Outpatient Clinic: 150 Muir Road, Martinez, CA 94553
- Oakland VA Regional Office: 1301 Clay Street, Suite 1300N, Oakland, CA 94612
Local Veteran Support and Advocacy
- Swords to Plowshares: San Francisco nonprofit offering legal aid, housing, and counseling for veterans
- California Department of Veterans Affairs (CalVet): Assists with education, employment, and state-level benefits
These organizations can also help veterans obtain medical documentation and support evidence, which is often critical in successful appeals.
How Our Team Can Help with Your VA Disability Appeal
VA law is complex, and one missed deadline or missing record can delay your benefits. Our attorneys can manage the process for you, including:
- Reviewing your claim file and denial letter
- Gathering and organizing all necessary medical and service records
- Preparing you for C&P exams or Board hearings
- Filing appeals accurately and on time
- Representing you before the Board of Veterans’ Appeals or higher courts
We’ll also guide you through hearings, helping you tell your story clearly and persuasively. Our goal is to take the burden off your shoulders so you can focus on your health and recovery.
You Served Our Country. Now Let Us Serve You.
At Berg Injury Lawyers, we believe California veterans deserve a fair and respectful process when seeking the benefits they’ve earned. If your VA disability claim was denied, or if your rating doesn’t reflect the true impact of your condition, our team is ready to help.
With offices throughout Northern California, we proudly represent veterans from San Francisco to Sacramento and beyond.
Contact us today for a free consultation. We’ll review your case, explain your options, and start building your appeal right away.
