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 […]
Are you considering applying for TDIU And Vocational Rehab Benefits (VR&E)? Veterans can certainly ask for Total Disability due to Individual Unemployability (TDIU) and Veteran Readiness and Employment (VR&E) benefits. But (and you probably knew a “but” was coming) these programs address two different needs. As the name implies, TDIU benefits compensate individuals who cannot […]
Here you may learn of the five types of SMC or Special Monthly Compensation Benefits. In most cases, the VA disability rating system determines the amount of monthly compensation that disabled Veterans receive. However, according to the VA, some disabilities are so severe that the normal rating system does not really apply. Generally, SMC payments […]
What are the qualifying factors for the Presumptive Service Connection? Monsanto’s Agent Orange, an extremely powerful defoliant, was widely used by the U.S. military throughout much of the mid and late 20th century. It killed plants quickly, which explains its widespread use in Vietnam during the 1960s and 70s. Unfortunately, it killed people too, or […]
VA virtual hearings and telemedicine have become increasing popular in recent days. In April 2020, at the height of the spring 2020 coronavirus quarantines, lawmakers approved the VA Tele-Hearing Modernization Act. As a result, any room with a stable WiFi connection is a possible location for the Board of Veterans Appeals. Veterans can choose to […]
