VA Disability Claims and Appeals
VA Disability Claims and Appeals in Beaverton, OR
A denial letter from the VA is a decision, not the final word on what you are owed. Alsup Law is a two-person veterans benefits and disability law firm in Beaverton, Oregon that helps veterans challenge denied claims, low ratings, and effective dates set too late. Both of our attorneys served as Navy JAGs and later worked inside the VA system. They know how these decisions get written and where they tend to go wrong.
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Why VA Claims Are Denied
Most denials come down to evidence. To grant service connection, the VA needs three things. The first is a current disability diagnosed by a proper medical authority. The second is an event, illness, or occurrence during active duty that caused or aggravated it. The third is competent medical evidence linking the two. If any one of those is missing or weak, the claim fails.
The bar is lower than many veterans assume. The VA uses the phrase "at least as likely as not," which means the medical evidence only has to be 50-50 in your favor. A claim denied for lack of a medical link needs a different fix than one denied for lack of a diagnosis. Reading the decision closely tells you which problem you actually have.
Your Options After a Denial
You have one year from the date printed on a rating decision to challenge it. The right route depends on a single question: was the decision wrong on the evidence it had, or did it need evidence it never received?
Higher-Level Review
A Higher-Level Review asks a more senior reviewer to look at the same record again, with no new evidence added. It suits a decision that misread the file, skipped over a record, or applied the rating criteria incorrectly. Our job is to point the reviewer to the exact error.
Supplemental Claim
A Supplemental Claim puts new and relevant evidence in front of the VA. That might be a fresh medical opinion, statements from people you served with, service records that were never pulled, or private treatment notes. We identify what the first decision was missing and help you gather it before filing.
Appeal to the Board
When a regional office decision cannot be corrected locally, the next level is the Board of Veterans' Appeals in Washington, D.C. Our page on representation before the Board of Veterans' Appeals explains how that review works and what a hearing involves.
Rating and Effective Date Appeals
Winning service connection is only part of the result. A rating set too low reduces every monthly payment that follows it. If your medical evidence meets the criteria for a higher percentage and the VA assigned less, the rating itself can be appealed.
The effective date carries similar weight. It is generally the date the VA received your claim or the date the evidence shows the disability existed, whichever is later. When an earlier claim was never finally decided, the effective date can reach back to when that original claim was received. That changes how much back pay you are owed.
Attorneys Who Worked Inside the System
Jim Alsup served as an attorney for the Board of Veterans Appeals, where he drafted several hundred decisions on veterans' claims. Tracy Alsup spent 12 years in the VA General Counsel's Office representing the Secretary at the Court of Appeals for Veterans Claims. She is also a service-connected veteran and knows the system from a veteran's point of view.
Jim is accredited by the Department of Veterans Affairs. Both attorneys have been admitted to the United States Court of Appeals for Veterans Claims. A case that starts with a denial letter can stay with the same lawyers through a Court of Appeals for Veterans Claims appeal.
At Alsup Law, there are no up-front, out-of-pocket costs. We only get paid when you win the case.
From Beaverton to Anywhere in the Country
Our office is in Beaverton, and we work with veterans in Portland, Tigard, Hillsboro, and Lake Oswego. VA claims are now developed and decided nationally, so a claim filed in Oregon may be handled by a regional office in another state. Distance does not change how we handle your case. We Serve Veterans Nationwide.
Frequently Asked Questions
How long do I have to challenge a VA rating decision?
Generally one year from the date printed on the rating decision. Because the clock starts on that printed date, it is the first thing we check when you call.
Do I need new evidence to appeal a denial?
Not always. A Higher-Level Review uses only the evidence already in your file. A Supplemental Claim requires new and relevant evidence, such as a medical opinion connecting your condition to service.
What does "at least as likely as not" mean?
It is the VA's standard for medical evidence. It means the evidence must be at least 50-50 in the veteran's favor. Certainty is not required.
Can I challenge a rating I think is too low?
Yes. If the medical evidence meets the criteria for a higher rating than the one assigned, that rating can be appealed. If your condition has worsened since the decision, a written statement saying so is generally enough to have the VA reassess it.
What is an earlier effective date appeal?
It challenges the start date the VA set for your benefits. An earlier claim that was never finally decided can move the effective date back to when that claim was received.
What does it cost to have Alsup Law handle my appeal?
There are no up-front, out-of-pocket costs, and we only get paid when you win the case. Your first consultation is free.