If you’re a veteran dealing with a service-related injury or illness, you may already know how important VA disability benefits can be. These benefits provide financial support and peace of mind when your health keeps you from working or living life the way you used to. But here’s the problem: navigating the VA disability claim process is not easy. Many veterans get denied the first time they apply, even when their conditions clearly qualify.
That’s where we come in. At Peña & Bromberg, our mission is to help you cut through the confusion and fight for the benefits you’ve earned. In this guide, we’ll walk you through what VA disability benefits are, why claims are denied, how an attorney can strengthen your case, and what to expect at each stage of the process.
Need help right away? Call Peña & Bromberg at (559) 439-9700 today for a free consultation about your VA disability claim.
What Are VA Disability Benefits?
VA disability benefits are payments made to veterans who have medical conditions linked to their military service. These benefits are designed to help replace lost income and cover the costs of ongoing care and support. The amount you receive depends on the severity of your disability, rated as a percentage by the Department of Veterans Affairs.
While the system is meant to support veterans, the VA requires detailed documentation and proof to approve your claim. Missing paperwork or unclear evidence can easily derail your case. That’s why many veterans choose to seek legal help from the start.
Why VA Disability Claims Get Denied
It can be frustrating to pour time and effort into your application only to receive a denial letter. Unfortunately, this happens to thousands of veterans each year. Common reasons for denial include:
- Lack of medical evidence: The VA may say there’s not enough documentation to prove your condition is service-connected. Without detailed medical records or expert opinions, your claim may be considered incomplete.
- Missed deadlines: Filing late or failing to respond to VA requests on time can result in a denial. The VA enforces strict timelines, and even small delays can hurt your case.
- Errors in paperwork: Simple mistakes on forms can cause unnecessary delays or rejections. The VA requires precise information, and any inconsistencies can cause them to deny your claim.
- Pre-existing conditions: The VA may argue your health issues started before service, even when military duty made them worse. Without clear medical evidence showing how the service aggravated your condition, your claim may be dismissed.
- Discrepancies in records: If your medical history doesn’t match your statements, the VA may question your claim. Any gaps or inconsistencies in your service or health records can create doubts about your eligibility.
The good news? A denial doesn’t mean the end. With the right help, you can appeal and still win the benefits you deserve.
How a Lawyer Can Strengthen Your VA Disability Claim
So, how exactly does a VA disability lawyer help? Think of us as your guide through a system that often feels stacked against you. Here’s what we do:
- Gather strong medical evidence: We work with doctors and specialists to ensure your medical records clearly support your claim. This includes gathering expert opinions, test results, and treatment notes that the VA looks for.
- Link your condition to service: Proving a “service connection” is critical, and we know how to demonstrate to the VA that your disability is directly related to your time in the military. We create a clear timeline that connects your medical condition to your service records.
- Handle deadlines and paperwork: From filing initial claims to appeals, we make sure nothing slips through the cracks. Our team tracks every deadline, ensuring you don’t risk losing benefits due to late filings.
- Challenge unfair denials: If the VA rejects your claim, we fight back with new evidence and solid arguments. We also address any errors the VA made during its initial review.
- Maximize your rating: Sometimes the VA grants benefits but gives you a lower disability rating than you deserve. We strive for the highest rating supported by your case, ensuring you receive the full benefits available.
With a lawyer by your side, you don’t have to figure out the system on your own. You can focus on your health while we focus on protecting your benefits.
The VA Disability Appeals Process
If your initial claim is denied, you have the right to appeal. Here’s what the process typically looks like:
- Supplemental Claim: You can submit new evidence to strengthen your case. This is often the first step if the VA said your original evidence wasn’t enough.
- Higher-Level Review: A more experienced reviewer at the VA will conduct a second review of your claim. This step provides a fresh review of your case without requiring the addition of new evidence.
- Board Appeal: You can appeal to the Board of Veterans’ Appeals, where a Veterans Law Judge will review your case. This stage is more formal and may include a hearing where you and your lawyer present your argument.
Each stage gets more complex, but having a lawyer ensures you’re never navigating it blindly.
Common Mistakes Veterans Make (and How We Help You Avoid Them)
Many denials occur because veterans are unaware of the VA’s strict standards. Here are a few common mistakes:
- Not including enough medical records: The VA won’t dig for evidence; it’s your job to provide it. Without complete records, your claim is far more likely to be denied.
- Missing important deadlines: The VA is strict about timing, and even small delays can set your claim back. Once you miss a deadline, it’s very difficult to reopen your case.
- Not appealing a denial: Too many veterans give up after the first denial, even though many appeals are successful. With the right legal guidance, appeals can turn a denial into an approval.
- Accepting a low rating: You might qualify for higher monthly payments than the VA initially offers. Many veterans are unaware that they can pursue a higher rating and additional benefits.
With legal guidance, you can avoid these pitfalls and present the strongest claim possible.
Why Choose Peña & Bromberg?
Not all law firms specialize in disability claims, but at Peña & Bromberg, this is our primary focus. We’ve helped countless clients across Fresno, Bakersfield, Stockton, and the Central Valley get the benefits they deserve.
Our approach is straightforward: we listen to your story, review your medical and service records, and construct a case that prioritizes your needs. We also work on a contingency fee basis; you don’t pay unless we win. That way, you can move forward without worrying about the cost of legal representation.
Frequently Asked Questions
1. Do I really need a lawyer for a VA disability claim?
You aren’t legally required to hire a lawyer, but having one significantly increases your chances of a successful outcome. A lawyer knows the VA’s complex rules, deadlines, and evidence requirements. With professional guidance, you avoid common mistakes that could delay or deny your benefits.
2. How much does it cost to hire a VA disability lawyer?
At Peña & Bromberg, you don’t pay anything up front. We work on a contingency fee basis, meaning we only get paid if you win your case. This ensures you can focus on your claim without worrying about legal costs.
3. What if my VA claim has already been denied?
That’s actually very common, and it’s where we can help most. We’ll carefully review why your claim was denied and identify what evidence or arguments are missing. Then we’ll build a stronger appeal to give you the best chance of approval.
4. Can I increase my VA disability rating?
Yes, it is possible to request a higher rating if your condition has worsened over time. The VA often underrates disabilities, which can mean you’re receiving less compensation than you deserve. A lawyer can help present updated medical evidence to push for the maximum rating available.
5. How long does the VA disability process take?
The timeline can vary widely depending on the complexity of your case. Some claims are resolved within a few months, while appeals may take a year or more to be processed. Having a lawyer ensures your case moves forward without unnecessary delays.
Contact Peña & Bromberg Today
The Big Beautiful Bill’s 2025 changes can affect how much of your SSDI is taxed, especially if you’re 65+, and they may influence how you plan your claim, appeal, or benefit strategy this year. Don’t guess your way through new rules or wait for generic advice. If you’re in Fresno, Bakersfield, Stockton, or anywhere in the Central Valley, now is the time to get clear, personalized guidance.
Whether you received an SSA or IRS notice, are preparing a new disability application, facing reconsideration or a hearing, or simply want a 2025 check-up on taxes and benefits, our experienced disability team can help. We’ll review your medical and service records, explain how the law applies to your situation, and fight to protect every dollar you’re entitled to.
Contact Peña & Bromberg at (559) 439-9700 or complete our secure online form to schedule your complimentary consultation today.
You’ve served your country with honor; let us serve you by protecting the benefits you’ve earned.
