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 […]
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 […]
