When the VA wrongfully denies your PTSD claim, you need an experienced veterans benefits attorney who understands the complex medical and legal issues involved. Boulder-based PTSD attorney Sean Kendall has over 35 years of experience successfully appealing denied PTSD claims for veterans throughout Colorado and nationwide, securing the disability benefits you've earned through your service.
Don't accept a PTSD claim denial. With proven success in combat PTSD, military sexual trauma, and non-combat PTSD appeals, our Boulder CO veterans benefits lawyers fight relentlessly to overturn VA decisions and secure maximum disability ratings. From supplemental claims to Board of Veterans Appeals hearings, we provide expert representation to get you the benefits you deserve.
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Understanding PTSD and VA Benefits
Post-Traumatic Stress Disorder (PTSD) is one of the most common conditions among veterans, yet many legitimate claims are wrongfully denied by the VA. PTSD can develop after experiencing or witnessing traumatic events during military service, including combat, sexual assault, training accidents, or other life-threatening situations.
PTSD Symptoms Recognized by the VA
The VA recognizes PTSD as a serious mental health condition that can significantly impact a veteran's ability to work and maintain relationships. Common PTSD symptoms include:
- Re-experiencing symptoms: Flashbacks, nightmares, and intrusive memories
- Avoidance behaviors: Avoiding triggers, places, or people that remind you of trauma
- Negative mood changes: Depression, guilt, shame, and emotional numbness
- Hyperarousal symptoms: Hypervigilance, sleep disturbances, and exaggerated startle response
- Cognitive difficulties: Memory problems, concentration issues, and decision-making challenges
2010 VA Regulation Changes
In July 2010, the VA implemented important regulatory changes that liberalized the evidentiary standards for PTSD claims, particularly for combat veterans. These changes allow veterans to establish in-service stressors through their own testimony when certain conditions are met, streamlining the claims process.
Types of PTSD Claims We Handle
Our Boulder CO PTSD veterans benefits attorney handles all types of PTSD claims and appeals, from combat-related trauma to military sexual trauma. Each type of PTSD claim has unique evidentiary requirements and legal considerations.
Combat-Related PTSD Claims
Combat PTSD claims benefit from the liberalized evidence standards implemented in 2010. Veterans can establish stressors through their own testimony when:
- The veteran is diagnosed with PTSD by a qualified mental health professional
- The claimed stressor is consistent with the veteran's service records
- A VA psychiatrist or contracted psychologist confirms the stressor supports a PTSD diagnosis
- The veteran's symptoms are related to the claimed stressor
Military Sexual Trauma (MST) PTSD
Military sexual trauma is a leading cause of PTSD among veterans. MST-related PTSD claims require careful handling due to their sensitive nature and the often limited documentation available. Our attorneys understand the unique challenges of MST claims and work compassionately with survivors to build strong cases.
Non-Combat PTSD Claims
Non-combat PTSD stressors must be corroborated with credible supporting evidence. These may include:
- Training accidents and injuries
- Motor vehicle accidents during service
- Witnessing death or serious injury of fellow service members
- Natural disasters or terrorist attacks
- Military occupational specialty-related trauma
Common Reasons for PTSD Claim Denials
Understanding why the VA denies PTSD claims is crucial for building successful appeals. Many denials result from correctable issues rather than legitimate disqualifications.
Insufficient Medical Evidence
The most common reason for PTSD claim denials is inadequate medical documentation. This includes:
- Lack of formal PTSD diagnosis from qualified mental health professional
- Incomplete psychiatric evaluations that don't address all PTSD criteria
- Missing nexus opinions connecting PTSD to service-connected stressors
- Outdated or superficial C&P examinations
Stressor Verification Issues
For non-combat PTSD claims, the VA often denies based on inability to verify claimed stressors. Common problems include:
- Inadequate documentation of claimed events
- Missing or incomplete VA Form 21-0781
- Failure to provide corroborating evidence
- Misunderstanding of liberalized evidence standards for combat veterans
Examiner Errors and Bias
VA C&P examiners sometimes make errors that lead to wrongful denials:
- Inadequate examination time and superficial evaluations
- Failure to review complete medical records
- Misapplication of diagnostic criteria
- Bias against certain types of trauma or symptoms
Evidence Needed for PTSD Appeals
Successful PTSD appeals require comprehensive medical and lay evidence that directly addresses the reasons for denial. Our veterans benefits attorney works with medical experts and clients to gather the strongest possible evidence.
Medical Evidence Requirements
- Comprehensive psychiatric evaluation: Detailed assessment by qualified mental health professional
- Complete treatment records: All mental health treatment documentation since service
- Psychological testing: Objective assessments such as MMPI-2 or CAPS-5 when appropriate
- Nexus opinion: Medical expert opinion connecting PTSD to service-connected stressors
- Functional impact assessment: Documentation of how PTSD affects daily life and work capacity
Lay Evidence and Personal Statements
- Buddy statements: Testimony from service members who witnessed stressful events
- Family member statements: Observations of personality and behavior changes since service
- Employment records: Documentation of work difficulties related to PTSD symptoms
- Personal statement: Detailed account of stressful events and resulting symptoms
Service Records and Documentation
- Military personnel records: Complete service file including awards and commendations
- Unit records: Morning reports, unit diaries, and operational records
- Military occupational specialty records: Documentation of duties and exposures
- Medical records: Any mental health treatment received during service
PTSD Appeals Process & Strategy
Most denied PTSD claims can be successfully overturned through strategic appeals and proper evidence development. Attorneys have the highest win rates at the Board of Veterans Appeals , making experienced representation crucial for PTSD appeals success.
Appeals Modernization Act Options
Veterans have three appeal lanes under the Appeals Modernization Act:
- Supplemental Claim Lane: Submit new and relevant evidence for reconsideration
- Higher-Level Review: Request senior VA official review without new evidence
- Board Appeal: Direct appeal to Board of Veterans Appeals with hearing options
Strategic Considerations for PTSD Appeals
Choosing the right appeal lane depends on several factors:
- Available new evidence: Medical records, expert opinions, or lay statements
- Nature of VA errors: Whether denial was due to missing evidence or legal errors
- Timeline considerations: Veteran's immediate needs and financial situation
- Strength of existing evidence: Quality of current medical and service records
Common PTSD Appeal Strategies
- New psychiatric evaluation: Obtaining comprehensive assessment from qualified expert
- Stressor verification: Gathering additional evidence to corroborate claimed events
- Nexus development: Securing medical opinions connecting PTSD to service
- Functional impact documentation: Demonstrating how PTSD affects work and daily life
PTSD Disability Ratings & Benefits
PTSD disability ratings range from 0% to 100% based on symptom severity and functional impairment. Higher ratings provide significantly more compensation and additional benefits.
PTSD Rating Criteria
| Rating | Symptom Severity | Monthly Compensation* |
|---|---|---|
| 10% | Mild symptoms with little impairment | ~$171 |
| 30% | Occasional decrease in work efficiency | ~$524 |
| 50% | Reduced reliability and productivity | ~$1,075 |
| 70% | Deficiencies in most areas | ~$1,716 |
| 100% | Total occupational and social impairment | ~$3,737 |
*Rates for single veteran without dependents (2024)
Additional PTSD Benefits
- Healthcare Priority: Access to VA mental health services
- Vocational Rehabilitation: Education and training benefits
- Family Support: Counseling services for family members
- TDIU Eligibility: Total disability based on individual unemployability for severe cases
Why Choose Our PTSD Veterans Attorney
PTSD appeals require specialized knowledge of mental health law, VA procedures, and the unique challenges facing veterans with invisible wounds. Our Boulder CO veterans benefits attorney brings over 35 years of experience to every case.
Proven PTSD Success Record
- Combat PTSD victories: Successful appeals for Iraq and Afghanistan veterans
- MST-related PTSD wins: Sensitive handling of military sexual trauma cases
- Complex trauma appeals: Multi-incident and non-combat PTSD claims
- Rating increases: Securing higher disability ratings for worsening symptoms
- TDIU awards: Total disability ratings for unemployable veterans
Comprehensive PTSD Case Management
- Trauma-informed approach: Understanding the unique needs of PTSD clients
- Expert medical network: Access to leading PTSD specialists and psychologists
- Evidence development: Gathering all necessary medical and lay evidence
- Strategic planning: Customized appeal strategies based on individual circumstances
- Ongoing support: Regular communication and case updates throughout the process
Understanding PTSD Challenges
Our attorneys understand that PTSD affects veterans differently and work with clients to:
- Navigate symptoms: Minimize avoidance behaviors that can interfere with the appeals process
- Address related conditions: Understanding how PTSD can lead to migraines and other physical symptoms
- Workplace challenges: Why veterans with PTSD have trouble maintaining steady work
Boulder CO & Nationwide PTSD Services
Sean Kendall Law provides expert PTSD appeals representation to veterans in Boulder, Colorado, and throughout the United States, combining local accessibility with nationwide expertise.
Boulder Colorado PTSD Services
Located at 2727 Pine St #6 in Boulder, our office serves Colorado veterans with:
- PTSD consultations: In-depth analysis of denied claims and appeal options
- Denver Regional Office expertise: Knowledge of local VA office patterns and procedures
- Colorado military community: Understanding of local military installations and veteran populations
- Front Range accessibility: Convenient location for consultations throughout the Denver-Boulder area
Colorado PTSD Considerations
- Altitude effects: Understanding how Colorado's elevation may affect PTSD symptoms
- Outdoor therapy benefits: Recognizing Colorado's natural healing environments
- State veterans programs: Coordinating federal benefits with Colorado state resources
- Military installations: Serving veterans from Fort Carson, Peterson Air Force Base, and other Colorado bases
Nationwide PTSD Representation
While based in Boulder, we represent veterans in PTSD appeals throughout all 50 states:
- Remote consultations: Phone and video conferences for veterans unable to travel
- Federal court experience: Representation at the Court of Appeals for Veterans Claims
- Multi-state knowledge: Experience with regional offices nationwide
- Board hearing attendance: Travel for Veterans Appeals hearings when beneficial
Frequently Asked Questions About PTSD Claims
How can a VA Benefits Lawyer help appeal a PTSD claim denial?
A VA benefits lawyer can identify the specific reasons for your PTSD claim denial and develop a winning appeal strategy. This includes gathering new medical evidence, obtaining expert psychological evaluations, securing nexus opinions, and navigating the complex appeals process. Statistics show attorneys achieve a 73.4% success rate at the Board of Veterans Appeals compared to only 25.7% for unrepresented veterans.
What evidence is needed for a successful PTSD appeal?
Successful PTSD appeals require comprehensive psychiatric evaluations, detailed medical records showing symptom severity, employment impact documentation, and nexus letters connecting PTSD symptoms to service-connected stressors. Additionally, lay evidence such as buddy statements and family member observations can strengthen your case significantly.
Can I get PTSD benefits for non-combat trauma?
Yes, veterans can receive PTSD benefits for non-combat stressors including military sexual trauma, training accidents, or other traumatic events. These claims require corroborating evidence and proper documentation, but are absolutely eligible for VA benefits when properly presented.
How long do PTSD appeals take?
PTSD appeals typically take 6-18 months depending on the appeal route chosen. Supplemental claims with new evidence may be processed faster, while Board appeals can take longer but offer hearing opportunities. Having experienced legal representation can help expedite the process by ensuring all evidence is properly submitted.
Can PTSD qualify for TDIU benefits?
Yes, PTSD can qualify veterans for Total Disability Individual Unemployability (TDIU) benefits. PTSD frequently prevents substantial gainful employment due to symptoms affecting concentration, interpersonal relationships, and work performance. TDIU provides 100% disability compensation even with ratings below 100%.
What if my PTSD was misdiagnosed as a personality disorder?
Many veterans were wrongfully discharged with personality disorder diagnoses when they actually had PTSD. Congress has recognized this problem and ordered reviews of these discharges. Our attorneys can help appeal personality disorder discharges and establish service connection for PTSD.
Contact Our Boulder CO PTSD Veterans Attorney
Don't let the VA deny your PTSD claim or undervalue your service-connected mental health conditions. With over 35 years of experience and hundreds of successful PTSD appeals, Sean Kendall Law has the expertise and dedication to secure the disability benefits you deserve.
Get Your Free PTSD Appeal Evaluation
Why Act Now
- Time Limits Apply: Veterans have limited time to appeal denied PTSD claims
- Evidence Preservation: Medical records and witness statements can be lost
Our office in Boulder, Colorado, serves U.S. Veterans around the world.
Contact us today at 303-848-3911 or toll-free at 877-629-1712, or use our online contact form to schedule a free, no-obligation initial consultation. You can also learn more about your claim in our free guide, 2025 Comprehensive PTSD Guide for Veterans.
Remember: You served our country with honor. Now let us serve you with the dedicated legal representation you deserve. Every veteran has the right to fight for maximum benefits, and we won't stop until you receive the compensation you've earned.