Last reviewed: March 15, 2026 by William Bacharach · Colorado Bar #59714
The VA denies or underrates disability claims far too often. A denial is not the end of the road — it is the beginning of the appeals process, and having a VA-accredited attorney in your corner significantly improves your chances of getting the rating and compensation you earned. William Bacharach is VA-accredited and represents Colorado veterans through every stage of the disability appeals process.
Why VA Claims Are Denied or Underrated
The VA rating system is complex, and the agency frequently gets it wrong. Common reasons for denials and low ratings include insufficient medical evidence linking a condition to service, failure to consider a veteran's entire service record, incorrect application of the rating schedule, failure to apply the benefit of the doubt standard in favor of the veteran, and inadequate VA examinations (C&P exams) that understate the severity of a condition. An experienced attorney knows where these errors occur and how to correct them on appeal.
The VA Appeals Process — AMA (Appeals Modernization Act)
Since 2019, VA appeals proceed under the Appeals Modernization Act (AMA), which gives veterans three lanes to challenge an unfavorable decision:
Three AMA Appeal Lanes
- Supplemental Claim: Submit new and relevant evidence not previously considered. A good option when you have additional medical records, buddy statements, or a private medical nexus opinion that was not part of the original claim.
- Higher-Level Review: A senior VA claims adjudicator reviews the existing record for clear error. No new evidence is submitted. A good option when the original decision misapplied the law or ignored evidence already in the file.
- Board of Veterans' Appeals (BVA): Appeal directly to the Board in Washington, D.C. Veterans can request a direct review, submit additional evidence, or request a hearing before a Veterans Law Judge. BVA decisions can be further appealed to the Court of Appeals for Veterans Claims (CAVC).
Service Connection — The Foundation of Every Claim
To receive disability compensation, a veteran must establish service connection — that the current disability is related to military service. There are several theories of service connection:
Direct Service Connection
The disability was caused by an in-service event, injury, or illness. This requires evidence of the in-service occurrence, a current diagnosis, and a medical nexus opinion linking the two.
Presumptive Service Connection
Certain conditions are presumed service-connected without requiring direct proof of causation. Veterans who served in specific locations or were exposed to specific hazards — including Agent Orange, Gulf War service, Camp Lejeune contaminated water, burn pits, and radiation — may qualify for presumptive service connection under the PACT Act and other presumptive frameworks.
Secondary Service Connection
A disability caused or aggravated by an already service-connected condition can itself be service-connected as secondary. For example, a veteran with a service-connected knee injury who develops chronic back problems due to altered gait may be able to establish secondary service connection for the back.
Aggravation
If a pre-existing condition was aggravated beyond its natural progression by military service, compensation is warranted for the degree of aggravation.
PACT Act — Expanded Benefits for Burn Pit and Toxic Exposure Veterans
The PACT Act, signed into law in 2022, significantly expanded VA benefits eligibility for veterans exposed to burn pits, Agent Orange, and other toxic substances. Many veterans who were previously denied benefits may now be eligible. If you were deployed to Southwest Asia after August 2, 1990, or served in Vietnam-era locations, your eligibility may have changed under the PACT Act.
Total Disability Based on Individual Unemployability (TDIU)
Veterans who cannot maintain substantially gainful employment due to their service-connected disabilities may be entitled to TDIU — compensation at the 100% rate even if their combined rating is below 100%. William Bacharach evaluates every veteran's file for TDIU eligibility and pursues it aggressively when appropriate. Not sure what your combined rating should be? Use our free VA disability calculator to combine your individual ratings the way the VA does under 38 C.F.R. § 4.25 — an underrated condition is often the appeal.
A Colorado Attorney for a Federal System
VA appeals run on federal law, but where your attorney practices still matters. William Bacharach represents veterans from Denver and across the Front Range — which means in-person help assembling service and treatment records, preparation before C&P examinations rather than a phone call after, and one attorney who sees the whole picture when a criminal case and a VA claim collide. That crossover — how criminal convictions affect VA benefits — is a core part of this practice, not a referral out the door.
What a VA-Accredited Attorney Can Charge — 38 C.F.R. § 14.636
Federal law controls attorney fees in VA claims, and it is worth knowing the rules before you sign anything. An accredited attorney may charge a fee only for work performed after the VA regional office has issued notice of an initial decision on the claim — help preparing the very first application is free by law. The fee must be in a written agreement filed with the VA. A fee of 20 percent or less of the past-due (back-pay) benefits awarded is presumed reasonable; a fee above 33⅓ percent is presumed unreasonable. In a direct-pay agreement, the VA withholds the attorney's share (never more than 20 percent) from the back-pay award and pays it directly, so the veteran never writes a check. Bacharach Law uses that structure: no retainer, no hourly billing, and no fee at all unless the VA awards back pay.
The One-Year Clock
Under 38 C.F.R. § 3.2500, each of the three review lanes must be requested within one year from the date the VA mailed notice of the decision. Filing inside that window keeps the claim “continuously pursued,” which preserves the original effective date and therefore the full back-pay period. A Supplemental Claim filed after the year has run can still win, but the effective date generally moves to the new filing date and the earlier back pay is lost. If a decision is more than a few months old, call before the clock runs.
Court of Appeals for Veterans Claims (CAVC)
When the Board of Veterans' Appeals gets it wrong, the next step is the Court of Appeals for Veterans Claims — a federal court with the authority to reverse, vacate, or remand BVA decisions. CAVC appeals require an attorney who understands federal appellate practice as well as veterans law. William Bacharach can evaluate your BVA decision for appealable error.
Frequently Asked Questions — VA Disability Appeals
How do I appeal a VA disability claim denial?
Under the Appeals Modernization Act, you have three options: a Higher-Level Review (same evidence reviewed by a senior adjudicator), a Supplemental Claim (submit new and relevant evidence), or a Board of Veterans' Appeals hearing. Each has different timelines and strategic implications that a VA-accredited attorney can help you navigate.
How long does a VA disability appeal take?
Timelines vary. The VA's stated goal is an average of 125 days (4 to 5 months) for both Higher-Level Reviews and Supplemental Claims, and 365 days for Board appeals on the Direct Review docket; Board hearing dockets can run 1 to 2 years. A VA-accredited attorney helps select the fastest path for your specific situation.
What is service connection for VA disability?
Service connection means the VA recognizes that your disability is related to your military service. It requires three elements: a current disability, an in-service event or injury, and a medical nexus linking the two. Establishing service connection is the foundation of any VA disability claim.
How long do I have to appeal a VA disability decision?
One year. Under 38 C.F.R. § 3.2500, a veteran may request a Supplemental Claim, Higher-Level Review, or Board appeal within one year from the date the VA issued notice of the decision. Filing within that year preserves the original effective date; a Supplemental Claim filed later can still be granted but generally loses back pay before the new filing date.
Can a lawyer charge me to appeal a VA disability decision?
Yes, but only after the VA has issued an initial decision on the claim, and only under a written fee agreement filed with the VA. Under 38 C.F.R. § 14.636, a fee of 20 percent or less of past-due benefits is presumed reasonable, a fee above 33⅓ percent is presumed unreasonable, and in a direct-pay agreement the VA pays the attorney from the back-pay award. Bacharach Law charges no fee up front; the fee comes only from back pay the VA awards.
Do I need a Colorado lawyer for a VA appeal?
No — VA appeals are federal and any VA-accredited attorney can represent you. A Colorado attorney matters when you want in-person help assembling records, preparation before a C&P exam, and one attorney who understands both a VA claim and a Colorado criminal case when the two collide. William Bacharach is VA-accredited (No. 60893) and based in Denver.
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VA Claim Denied or Underrated?
You earned these benefits. Call William Bacharach — VA-accredited attorney — for a free, confidential consultation about your appeal.