Frequently Asked Questions

You generally have one year from the date on your decision letter to file a Higher-Level Review or Board Appeal and preserve your original effective date. A Supplemental Claim can technically be filed at any time, but filing within that same one-year window is what protects your effective date and back pay. Windham Law reviews denial letters to help determine which path gives you the strongest chance at the rating you deserve.

A Supplemental Claim (VA Form 20-0995) lets you submit new and relevant evidence the VA didn't have before — new medical records, buddy statements, or an independent medical opinion. A Higher-Level Review (VA Form 20-0996) does not allow new evidence; instead, a more senior reviewer re-examines your existing file for an error the VA made. Which one makes sense depends on whether new evidence exists or the VA simply got something wrong the first time.

Back pay generally goes back to your original effective date — usually the date the VA received your initial claim, or the date your condition worsened if you're appealing for an increase — as long as you kept your appeal alive by filing within the required deadlines. Missing a deadline and having to start over can reset that effective date, costing months or years of retroactive pay.

PTSD claims are most often denied for a missing stressor (the triggering in-service event) or a missing medical nexus connecting current symptoms to military service. Because Attorney Windham is also a licensed clinical social worker and former psychotherapist who treated service members' mental health conditions, Windham Law approaches these appeals with both the legal and clinical understanding it takes to build that connection — including independent evaluations, buddy statements, and, where relevant, evidence specific to military sexual trauma.

No. Windham Law represents veterans who have already filed a claim and received a decision from the VA. We do not file initial claims. If you haven't filed yet, we're glad to point you toward your local Veteran Services Organization, who can help you file at no cost. We're here for you once that first decision is in hand and you're ready to appeal or seek a higher rating.

No. Windham Law represents veterans and their families in claims for VA Disability Compensation on a contingency fee basis, which means there is no fee paid to Windham Law unless your case results in awarded benefits.

No. Windham Law can represent veterans and their families in any state in the United States. Because most of the process is handled remotely — by phone or electronically — where you live doesn't limit your ability to work with our firm.

No. The VA uses a scale to rate disabilities. If you are at least 10% disabled as it relates to a particular condition, you can receive disability compensation. You can view the current VA Compensation Benefits Rate Tables directly on the VA's official website.

Yes. If you feel you deserve a higher rating for a condition you're already service-connected for, Windham Law can assist in fighting for an increased award.

It's supposed to be, but in practice, it rarely is. Once a claim is denied, the appeals process is full of legal jargon, strict deadlines, and requirements that are easy to miss. The VA will often say the process is designed so a veteran can appeal without representation — but that doesn't mean it's easy, and small mistakes can cost you months or years of benefits.

Generally, you may be eligible if: (1) you served on active duty, active duty for training, or inactive duty training; (2) you were discharged under other than dishonorable conditions; and (3) you are at least 10% disabled by an injury or disease that was incurred in, or aggravated during, that service. Every case is different — the best way to know for sure is to complete our intake form for a free case review.