Veterans Disability Lawyers

PTSD and Mental Health Claims

Post-traumatic stress disorder (PTSD) is one of the most common service-connected disabilities among veterans. According to the VA’s National Center for PTSD, about 7% of all veterans will experience PTSD during their lifetime, compared to 6% of the general population. The risk is even higher for veterans who served in combat zones, with studies showing lifetime PTSD rates of 29% among Operation Iraqi Freedom and Operation Enduring Freedom veterans.

Despite how common these conditions are, PTSD and other mental health claims are frequently denied or underrated. These cases often require more than a diagnosis. Veterans must also show how their condition is connected to military service and provide the evidence the VA needs to grant benefits.

Common reasons the VA denies PTSD and mental health claims include:

• An inadequate C&P examination: Compensation & Pension (C&P) exams play a major role in PTSD claims. An incomplete evaluation, inaccurate findings, or failure to fully document symptoms can result in a denial or a disability rating that does not reflect the severity of the condition.
• No medical nexus: The VA may determine there is insufficient medical evidence linking the veteran’s PTSD or mental health condition to military service. Establishing this service connection is often one of the most important parts of a successful claim.
• Insufficient stressor evidence: Some PTSD claims require evidence that the traumatic event occurred during military service. Missing records, incomplete documentation, or questions about the claimed stressor can delay or derail a claim.
• Incomplete medical evidence: Treatment records, psychological evaluations, buddy statements, or other supporting documentation may be missing from the file, making it harder for the VA to fully understand the impact of the condition.
• Symptoms that are underrated: Even when the VA grants service connection, it may assign a disability rating that does not accurately reflect the veteran’s occupational and social impairment or the severity of their symptoms.

Rutter Mills understands what the VA looks for when evaluating PTSD and mental health claims. Our attorneys review denial letters, identify weaknesses in the VA’s decision, gather the medical and service evidence needed to strengthen the claim, and build a comprehensive appeal designed to give veterans the strongest possible opportunity for the benefits they earned.

A licensed attorney can NEVER charge you to file your initial VA Disability claim. If an attorney asks you to sign a contract regarding future payments or make a donation to file your initial claim, contact the Virginia Bar Association and the VA.

Veterans Disability Lawyers

There are many reasons for the denial, but in general, it’s likely because you were unable to show one of these three points:

• You have a disabling condition (this can be done by getting an official diagnosis from a medical professional)
• You suffered an injury or illness while serving in the U.S. military
• There is a link between the event that affected you during your service and your current condition

If the VA denies you benefits, it’s not the end of the road for your disability claim. Instead, you can appeal their decision.

When your claim is denied, the VA will send you a letter outlining why they decided to deny your claim. This is essential for figuring out how you can have a successful appeal. That letter is the first thing our team will ask you for when you call.

It doesn’t cost anything to let our team review your case and determine the best course of action. A skilled VA disability lawyer can have a big impact on the outcome of your case.

You can contact the Rutter Mills veterans disability lawyers anytime, day or night: (757) 777-7777.

Frequently Asked Questions

What should I do first if the VA denied my claim?

Start by carefully reviewing your VA decision letter to understand why your claim was denied or why your disability rating was lower than expected. Then, speak with a VA disability attorney before choosing an appeal option. Rutter Mills can review your decision, explain your options, identify additional evidence that may strengthen your case, and help you pursue the most appropriate path forward.

What does it cost to hire a veterans disability lawyer?

There are generally no upfront attorney’s fees for VA disability appeals handled on a contingency fee basis. If Rutter Mills represents you in an appeal, we are only paid if we successfully recover additional past-due VA disability benefits for you. During your free consultation, we’ll explain exactly how our fee agreement works and answer any questions you have.

Does having a lawyer actually improve my chances with the VA?

An attorney cannot guarantee a favorable outcome, but experienced legal representation can help you avoid common mistakes, identify weaknesses in the VA’s decision, gather stronger evidence, and present a more persuasive appeal. Many denials result from missing evidence, inadequate medical opinions, or procedural errors that can often be addressed through the appeals process.

How long does a VA disability appeal take?

The timeline depends on the type of appeal, the complexity of your case, and the VA’s current workload. Some appeals may be resolved in a matter of months, while others take considerably longer. During your case, Rutter Mills will keep you informed of your appeal’s progress and help you understand what to expect at each stage.

Can you handle my case if I live outside Hampton Roads?

Yes. Rutter Mills represents veterans throughout Virginia. Much of the VA disability claims and appeals process can be handled remotely by phone, email, mail, and secure document sharing, making it possible for us to assist veterans across the Commonwealth without requiring frequent office visits.

Veterans Disability Resources

To learn more about VA disability benefits and the claims process, explore these resources:

• What Kinds of Benefits are Possible with a Veterans Disability Claim?
• Social Security Admin to Expedite Veterans Claims
• Hampton Roads Vets Exposed to Agent Orange Seek Justice in Benefits Process

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