VA Disability Claims Attorney

N. Albert Bacharach, Jr. is a U.S. Department of Veterans Affairs (VA) accredited attorney who has represented veterans for five decades in claims and appeals for service-connected disability compensation. We serve veterans in Gainesville, Florida and across the country — at every level, from initial claims through the U.S. Court of Appeals for the Federal Circuit.

What Is a Service-Connected Disability Claim?

A service-connected disability claim is a request for monthly VA compensation for an injury or illness incurred, aggravated, or presumed to be caused by active military service. To qualify, a veteran generally must show (1) a current disability, (2) an in-service event, injury, or disease, and (3) a medical link between the two.

VA Disability Cases We Handle

• Initial claims for service-connected disability compensation
• Claims for higher disability ratings
• Claims for earlier effective dates
• Clear and Unmistakable Error (CUE) motions
• Appeals to the Board of Veterans’ Appeals (BVA)
• Appeals to the U.S. Court of Appeals for Veterans Claims (CAVC)
• Appeals to the U.S. Court of Appeals for the Federal Circuit
• TDIU — Total Disability Based on Individual Unemployability
• PTSD and Military Sexual Trauma (MST)
• Traumatic Brain Injury (TBI)
• Agent Orange, burn pit, and PACT Act toxic exposure claims

Specific Areas of Focus

PTSD and Military Sexual Trauma

PTSD and MST claims often require development of “markers” outside the formal service record. We work with veterans to identify corroborating evidence and secure appropriate medical opinions establishing the service-connection link.

Traumatic Brain Injury (TBI)

Many TBI ratings are too low because the VA examination did not capture the full scope of cognitive, emotional/behavioral, and physical residuals. We routinely challenge inadequate TBI ratings.

Agent Orange, Burn Pits, and PACT Act Claims

Under the PACT Act, all veterans exposed to toxins and other hazards during military service — at home or abroad — are now eligible for VA health care, and many conditions are presumptive. See our dedicated PACT Act page for details.

TDIU — Total Disability Based on Individual Unemployability

A veteran whose service-connected conditions prevent substantially gainful employment may qualify for compensation at the 100% rate — even if their combined schedular rating is lower. TDIU is frequently denied and frequently overturned on appeal.

Clear and Unmistakable Error (CUE) Motions

A CUE motion is a powerful tool for challenging final VA decisions — even decades after they were issued. In Baker v. McDonough, 2024 U.S. App. LEXIS 32168 (Fed. Cir. Dec. 19, 2024), we secured a published Federal Circuit decision reshaping how the VA must review CUE claims when prior decisions ignored the benefit-of-the-doubt rule.

Effective Dates and Retroactive Awards

The effective date depends on when the claim was filed and the type of claim. For CUE motions, retroactive awards can go back decades — in Mr. Bacharach’s Baker v. McDonough case, benefits were awarded back to 1992.

Our Appellate Experience

Successful appeals before:

• The Board of Veterans’ Appeals
• The United States Court of Appeals for Veterans Claims
• The United States Court of Appeals for the Federal Circuit

No Fee Unless You Win

Our evaluation of your VA disability claim is free. We work on a contingency basis for VA disability matters — no attorney’s fee unless we win. No matter where you live, we can help.

Frequently Asked Questions

Do I need a lawyer for my VA disability claim?

You do not need a lawyer for the initial claim. But if the VA denies your claim or assigns too low a rating, a VA-accredited attorney significantly improves your chances of winning an appeal — especially at the BVA and court levels.

Can I get service connection for an off-duty injury?

Generally, yes. A veteran injured off duty — for example, playing sports on base while on leave — is generally entitled to service connection if the current disability is related to the injury and the conduct was not willful misconduct.

How far back can VA disability benefits be awarded?

The effective date depends on when the claim was filed and the type of claim. For CUE motions, retroactive awards can go back decades — in Baker v. McDonough, benefits were awarded back to 1992.

What is a “rating increase” claim?

If your service-connected condition has worsened, you can request an increased disability rating. A higher rating means higher monthly compensation and may qualify you for additional benefits such as TDIU or Special Monthly Compensation (SMC).