We want to stress the importance of properly backdating VA disability Claims. Full VA disability financial benefits could be several thousand dollars a month, depending on the circumstances of the case. So, a few months of back benefits could mean several thousand dollars. A few years of back benefits could mean much more. 2016’s Emerson […]
Most Veterans eligible for benefits due to Agent Orange exposure either have presumptive conditions or directly service-related conditions. Benefits are available for presumptive conditions if the Veteran had a listed condition, such as lymphoma, and served in the Vietnam theater in the 1960s. In 2019, Congress expanded the definition of “Vietnam theatre” for presumption status […]
Although some professionals cling to the notion that Post Traumatic Stress Disorder PTSD is a processing disorder, the latest evidence clearly indicates that it is a physical condition. Extreme stress caused by combat or military sexual trauma (MST) events can enlarge the amygdala. This part of the brain controls emotional responses. When the amygdala expands, […]
Generally, maximum benefits are available to Veterans who are completely disabled with Total Disability for Individual Unemployability. Their mental or physical disabilities are so egregious that they are essentially housebound. However, many Veterans are eligible for Total Disability Due to Individual Unemployability status. In a nutshell, a partially disabled Veteran could be eligible for full […]
Here, we present five of the most prominent presumptive Agent Orange conditions. The most important component of a VA disability claim is normally a service-related connection. In most cases, Veterans must use a combination of service records, medical records, and buddy statements to establish this connection. This process requires lots of work, as considerable evidence […]
We hope to clear up any misinformation with the FAQ about TDIU. For the most part, the VA disability system is rather objective. Claims Examiners usually look at the Veteran’s diagnosis and symptoms in order to determine the disability rating. Total Disability due to Individual Unemployability (TDIU or IU) is different. These determinations are quite […]
Starting January 1st, 2021, VA disability recipients saw a 1.3% increase in monthly benefits due to the Cost of Living Allowance (COLA) adjustment. This increase is consistent with the rise in Social Security benefits. Understanding the VA Disability Rating System The VA disability rating system is complex and often subjective. Standard addition doesn’t apply when […]
What is SMC(t) and how do you qualify for SMC(t) benefits? The “t” stands for Traumatic Brain Injuries. Many practitioners refer to TBIs as the signature wound of the Iraq and Afghanistan campaigns. Improvised Explosive Devices (IEDs) cause direct and indirect brain injuries. The force of the blast knocks people in the immediate area to […]
What are CUE revisions and how can they affect a VA disability claim if it was denied? Regional Offices almost always deny VA benefits claims, at least in part. The Clear and Unmistakable Error (CUE) appeals path, if it is available, is often a shortcut to a successful appeal. 2020’s George v. Wilkie laid out […]
What is the benefit of the doubt doctrine, and how does it relate to VA appeals? In criminal court, prosecutors must establish guilt beyond a reasonable doubt. Civil courts use a lower standard of evidence. The civil case burden of proof is known as a preponderance of the proof, meaning “more likely than not.” The […]