Common Reasons Mental Health Claims Get Denied or Underrated
- Missing or disputed stressor evidence: For PTSD claims, VA denied the claim because the in-service stressor wasn’t verified or connected to the current diagnosis.
- Rating doesn’t reflect real impairment: Mental health ratings are based on occupational and social impairment, not on a diagnosis alone, and many veterans are rated lower than their day-to-day symptoms warrant.
- Inadequate C&P exam: A rushed or incomplete psychiatric examination can produce a rating that doesn’t capture the true severity of the condition.
- Overlooked secondary connections: Depression, anxiety, or other mental health conditions can develop secondary to a service-connected physical injury, chronic pain, or another already-service-connected disability.
- Old or stalled appeals: Appeals that have been open for years without a final decision, or that keep bouncing back and forth at the Board of Veterans’ Appeals.
What Makes CCK Law Different?
Difficult appeals are what our team does.
- A former Veterans Law Judge is part of our team.
- Precedent: CCK Law has argued cases that set precedent affecting millions of veterans over 117 times.
- Federal court experience: When VA didn’t get the law right, we take it to federal court. CCK Law has represented over 18,000 veterans and dependents at the U.S. Court of Appeals for Veterans Claims, and files writs of mandamus when an appeal has stalled.
- Depth: Over 100 individuals at CCK Law are accredited by VA or admitted to practice before the Veterans Court, one of the largest and most experienced teams in veterans law.
- Track record: CCK Law has had favorable outcomes in 98.5 percent of its actions before VA and a 95 percent win rate before the U.S. Court of Appeals for Veterans Claims. Past results do not guarantee future outcomes.
- Compensation recovered: Over $1 billion for 36,000+ clients since 1999.
Benefits Veterans With Mental Health Conditions Often Miss
A free evaluation looks beyond the rating VA already assigned. For example:
- TDIU: Total disability based on individual unemployability pays at the 100 percent rate when service-connected conditions, including PTSD, depression, or anxiety, prevent substantially gainful employment.
- Special Monthly Compensation: Pays above the 100 percent rate for veterans who need aid and attendance, are housebound, or have certain combinations of disabilities.
- Secondary conditions: Mental health conditions are frequently secondary to another already-service-connected disability, and can also cause or worsen others, including sleep impairment and chronic pain.
- Effective dates and back pay: An earlier effective date can add years of retroactive benefits, and in an older appeal the effective date is often the most valuable issue in the file.
Don’t wait if you would like to appeal your denied claim. Call (844) 844-4195 for a free evaluation.
WHAT TO EXPECT
Our Process
Every case is unique. At CCK, our clients benefit from our collaborative approach to practicing law. We work to ensure that every client gets the individualized care and attention they deserve.
Free Case Evaluation
We will gather information about your case
Assigning Your Dedicated Team
Each client has their own dedicated team of advocates who will be in close communication with you throughout your case.
Case Strategy & Implementation
Based on you unique circumstances, your team will work with you to formulate the strongest possible strategy for your case.
We're honored to make a difference in the lives of our clients.
... The client relations were exceptional in returning my calls timely. Encounters with all representatives were handled with the utmost professionalism. They explained all processes and procedures to keep me updated and involved with my case. Their knowledge of the law and the VA is beyond compare. Chisholm Chisholm & Kilpatrick LTD should be retained by all veterans seeking compensation. If I were to pursue VA compensation again, I would certainly retain the services of this firm.
Jackie R.
I would like to thank the law firm of Chisholm Chisholm & Kilpatrick for all their hard work of helping me to get my rating of 100% VA disability. Every time I was denied they fought for me. I am very pleased and have also referred some of my friends to this great law firm. I thank you so very much.
Larry P.
... Dealing with this organization was easy and professional. My case was handled by not one but a team of lawyers and team experts. They left no card unturned. They were at my disposal any time I contacted them, and they kept me updated all the time. I highly recommend them to all veterans no matter what your disability.
Harvey L.