Veterans Services

Navigating VA Claims with Expert Guidance

At The Ivery Federal Law Group, we understand the challenges veterans face when seeking the benefits they've earned through their service. Our accredited VA attorneys have extensive experience in all aspects of veterans benefits law and are dedicated to helping you secure the compensation and benefits you deserve.

Our comprehensive approach to VA claims includes:

• Initial Claim Prep → We help you gather the necessary documentation, medical records, and evidence to support your claim.
• Claim Filing → Our team ensures your claim is properly prepared and filed with the VA to maximize the chances of approval.
• Appeals Support → If your claim has been denied, we provide representation throughout the appeals process.
• Ongoing Advocacy → We advocate on your behalf at every stage of the VA claims process.

Eligibility Requirements

Understanding eligibility for VA benefits can be complex. Generally, you may be eligible if you:

• Served in the active military, naval, or air service
• Were discharged under conditions other than dishonorable
• Have a current medical condition that may be related to your service

Our team can help you determine your eligibility and navigate the specific requirements for different types of claims.

Discharge Upgrades

A military discharge upgrade can help veterans with a less-than-honorable discharge seek a more favorable character of service (for example, an upgrade to Honorable or General). In many cases, a successful upgrade can expand access to VA benefits and reduce barriers to employment and licensing.

Who can apply

• Veterans with discharges other than Honorable, including General, Other Than Honorable, Bad Conduct, and Dishonorable
• Most applications go to a Discharge Review Board (DRB) or a Board for Correction of Military/Naval Records (BCMR/BCNR), depending on the service branch and case history

What makes a strong case

A strong upgrade request typically shows the original discharge was unjust or erroneous and is supported by credible evidence. Examples include:

• PTSD, TBI, or other mental health conditions that were not properly recognized or considered at the time
• Sexual assault or harassment during service (including MST-related impacts)
• Discharges tied to "Don’t Ask, Don’t Tell" (DADT) policy enforcement
• Administrative errors, due-process issues, or disproportionate punishment

How to apply

1. Gather records → Request your full service and medical records (often through the National Archives) and collect any relevant civilian medical or counseling records.
2. Identify the right board → Apply to your service branch DRB when eligible; if you’ve missed the DRB window or were denied, the correction board (BCMR/BCNR) may be the next step.
3. Submit the application → Follow the instructions and current forms/addresses listed on VA.gov and your service branch board pages.
4. Build the evidence packet → Include statements, service performance evidence, and medical documentation that connects the facts of your service to the discharge outcome.

Key considerations

• Focus on service-period conduct → Boards primarily evaluate what happened during service and whether the discharge characterization was fair and accurate.
• Deadlines matter → DRB requests often have a 15-year deadline; correction boards frequently apply a general 3-year rule (with possible waivers in the interest of justice).
• Outcomes vary → Decisions may result in a corrected DD214, a DD215 correction, or a denial.
• Legal help can be valuable → These applications are evidence-heavy and procedural. Representation from experienced counsel or a qualified VSO can improve how your case is presented.
• Mental health opinions → Boards may obtain mental health advisory opinions; you can respond with additional evidence or expert support.

The VA Claims Process

The VA claims process typically involves several steps:

1. Claim Preparation → Gathering service records, medical documentation, and other supporting evidence
2. Claim Filing → Submitting your completed claim to the VA
3. VA Review → The VA evaluates your claim and may request additional information
4. C&P Examination → You may be asked to attend a Compensation & Pension examination
5. Decision → The VA issues a rating decision on your claim

Our attorneys guide you through each of these steps, ensuring your claim is thoroughly prepared and properly presented.

The Appeals Process

If your claim is denied or you disagree with the rating decision, you have the right to appeal. The appeals process can be particularly complex, with several potential paths:

• Supplemental Claim → Submitting new and relevant evidence
• Higher-Level Review → Requesting a review by a senior VA adjudicator
• Board Appeal → Appealing to the Board of Veterans' Appeals

Our experienced attorneys can help you determine the best appeal strategy for your specific situation and represent you throughout the process.

Types of VA Benefits

The VA offers various benefits to eligible veterans, including:

• Disability Compensation → Monthly payments for service-connected disabilities
• Pension → Need-based benefit for wartime veterans with limited income
• Healthcare → Medical services through VA medical centers and clinics
• Education Benefits → GI Bill and other education assistance programs
• Vocational Rehabilitation → Training and support for veterans with service-connected disabilities