Buffalo VA Disability Win: How Hiller Comerford Reopened a Decade-Old Denied Claim
A Western New York veteran denied VA disability benefits back in 2014 just secured service connection dating all the way back to that original claim years after most people would have assumed the case was closed for good. The win came after Hiller Comerford's VA disability team convinced the Board of Veterans' Appeals (BVA) to reopen the decade-old denial under a narrow legal exception the Federal Circuit Court of Appeals had announced only shortly before.
2014
Effective date restored
7 years
Of added retroactive benefits
Reopened
A decade-old final denial
A Western New York veteran denied in 2014 just secured service connection back to that original claim
The win came after Hiller Comerford’s VA disability team convinced the Board of Veterans’ Appeals (BVA) to reopen the decade-old denial under a narrow legal exception the Federal Circuit Court of Appeals had announced only shortly before.
The Backstory: A Claim That Looked Finished
The veteran first applied for benefits related to PTSD and anxiety in 2014. That claim was denied, and like many veterans do he didn't appeal. Under VA rules, an unappealed decision normally becomes final, and re-opening it later is extremely difficult.
In 2021, Hiller Comerford helped the veteran secure service connection for the same condition, but with an effective date of 2021 rather than 2014. For most firms, that would have been the end of the story. Attorney Xavier R. and the firm's VA disability team didn't see it that way.
The Legal Argument That Changed the Outcome
At a BVA hearing, the team argued that the original 2014 denial should be reopened because new service records had since been added to the veteran's file and the 2021 grant of service connection had been based, in whole or in part, on those same records. That fact pattern fits squarely within a narrow exception to the finality of VA decisions recently recognized by the Federal Circuit Court of Appeals.
The BVA agreed. It ordered that service connection be granted back to 2014 and remanded the case for a disability rating — the step that determines the compensation level. Because the effective date now reaches back seven years earlier than originally granted, the veteran is expected to receive a substantially larger retroactive award than he would have under the 2021 decision alone.
What changed for this veteran
| Original outcome (2021) | New outcome (2026) | |
|---|---|---|
| Effective date of service connection | 2021 | 2014 |
| Years of retroactive benefits | From 2021 forward | From 2014 forward |
| Case status | Considered resolved | Reopened and remanded for rating |
Why this case matters
Cases like this are exactly why the VA claims process shouldn’t be navigated alone, or with representation that isn’t equipped to push past a “final” decision. A denial from over a decade ago isn’t always the end of the road but finding and using an exception like this one takes attorneys who track how the law is evolving and know how to apply it to an individual file.
The team behind the result
Attorney Xavier R. presented the case at the BVA hearing.
Who we serve
Hiller Comerford’s VA disability team represents veterans across Western New York and beyond who’ve been denied benefits, are appealing a decision, or believe an old claim may deserve a second look. If a veteran in your life was denied VA benefits even years ago it may be worth having that decision reviewed.