Today, January 29, 2019, the Court of Appeals for the Federal Circuit released a decision which marks a seismic shift in the field of veteran’s law. A decade ago, the Haas case allowed the Department of Veterans Affairs to exclude Blue Water veterans from receiving the same benefits as […]
For all service-connected disabilities, the VA references its own rating schedule, and the criteria listed therein, in determining the appropriate rating. Most common disabilities are listed on the rating schedule, and for those that are not listed, the VA assigns an analogous rating by choosing a similar disability on the rating schedule which has the […]
We often blog about the intricate details of specific issues in VA law, so I wanted to take a moment to take us back to the basics of VA disability benefits. The Veterans Benefits Administration (VBA) provides a number of different types of benefits, including: pension benefits, vocational benefits, readjustment benefits, Section 1151 benefits (similar […]
To be eligible for VA disability benefits, a veteran’s discharge must be under conditions other than dishonorable. This does not mean that an honorable discharge is required for receipt of VA benefits—a general discharge, or a discharge under honorable conditions, is acceptable as well. But what happens if a veteran does not meet this criterion? […]
In our VA practice, one question that veterans commonly ask is whether or not it is still “OK” to work, even if they are pursuing a claim for Individual Unemployability (IU). In many cases, distress of circumstances obliges a veteran to find work, while his or her case is being resolved by the VA. The […]
As the medical world continues to evolve and improve with advancements in research and treatment, so also the realm of mental health has significantly improved in identifying and treating psychiatric disorders. With that, too, has come an increased awareness of mental health conditions, such as post-traumatic stress disorder (PTSD), that have been plaguing veterans for […]
Due to the VA’s method of combining, rather than adding together, a veteran’s disability ratings, it is sometimes difficult for a veteran with multiple, service-connected disabilities to reach a 100% rating. The higher the combined rating is, the higher a new rating needs to be in order to add much of anything to the […]
If there is one topic that I am asked about on an almost daily basis, it is whether there is anything I can do to make the VA speed up the appeals process. And, if I am being completely honest, I have to respond that, while there are a few exceptions, there is not much […]
When I am reviewing a veteran’s file to determine if I can help, a VA notation that a claim has been denied because the veteran had a pre-existing disease or disability prior to service is a red flag to me that the VA has probably made an error in evaluating the case. More often than […]
The VA benefits system was designed to be a non-adversarial, veteran-friendly system. The idea is that the VA exists to provide benefits to veterans who have earned those benefits through their service to this country. In an ideal world, veterans would apply for and be granted benefits without a need for representation because the employees […]
Video Blog – Buddy Statements for Service ConnectionJuly 27, 2018 - 4:15 pm
Video Blog – How to Make Buddy StatementsJuly 13, 2018 - 4:07 pm
VA Changes Appeals System; Is YOUR Claim Ready?June 19, 2018 - 2:35 pm
VA Disability Benefits – Back to BasicsApril 19, 2018 - 4:57 pm
How Can I Get VA Disability Benefits If My Discharge Is Not Honorable?April 5, 2018 - 12:31 pm