This article covers fundamental regulations and the finality of VA Disability Claims. Most VA disability claims take months to successfully resolve. Many take much longer than that. Particularly since VA disability attorneys are not on board during the initial phases of these claims, they often lapse because time deadlines come and go. Lapsed claims are […]
Compensation and Pension (C&P) medical examinations are usually the backbone of a VA disability claim, particularly at the Regional Office level. Generally, these examinations combine a personal examination with a review of the Veteran’s lay statements. Plus, service and other medical records. In 2007’s Stefl v. Nicholson, the Court of Appeals for Veterans Claims (CAVC) […]
This article is a case study on Sheltered Work Environments and TDIU Claims. Even though a veteran’s disabilities may not combine to a 100% rating, he or she might be eligible for payment at the 100% rate if they cannot work because of their service-connected disabilities. In fact, in some instances, if a veteran can […]
In many situations, lay statements in a disability claim are very effective. Brain injuries are a good example. Since the brain often conceals its own injuries, many of these Veterans do not realize how badly they are hurt. So, a combination of their own testimony and a clinical medical exam only tells part of the […]
Here we cover the process for determining fair process in a VA disability appeal. Most VA disability claims involve at least one appeal, and many involve more than that. The BVA only rarely makes final determinations. Instead, it usually remands the matter back to a Claims Examiner. The Board’s instructions are not always clear, and […]
This article will clear up any misinformation regarding Unemployable and Unemployed for TDIU Purposes. Most people consider these two words synonymous. But in the context of a Total Disability due to Individual Unemployability claim, there is a big difference between the two. 2001’s Roberson v. Principi outlines this difference. The TDIU provision in the Code […]
In many ways, Total Disability due to Individual Unemployability (TDIU) extra-schedular claims are a back-up to a back-up. If the Veteran does not have a 100% disability, a TDIU claim could still mean 100% benefits. And, if a Veteran does not qualify for standard TDIU, extra-schedular TDIU might be available. 2019’s Ray vs. Wilkie effectively […]
It’s critical to know how the VA will evaluate TDIU claims before you file for benefits. Total Disability due to Individual Unemployability (TDIU) claims are much different from other Veterans Administration disability claims. TDIU matters are not quite original determinations and not quite pure reconsiderations. In 2009, the landmark case of Rice v. Shineski clarified […]
Here we present a Case Study of CUE Appeals. Claims Examiners are under more pressure than ever to quickly evaluate claims and make decisions. As a result, Clear and Unmistakable Error cases are more common than ever. Claims Examiners are so rushed that they often overlook obvious bits of evidence or points of law. Legally, […]
You can Apply for TDIU and Use the G.I. Bill But this combination often affects the “disability” component of a Total Disability due to Individual Unemployability claim. The D-word has more than medical implications. It also has vocational, age-related, and most importantly for purposes of this blog, educational aspects. Generally, well-educated people are more employable […]