This article will explain the DIC Effective Date Loophole. You will learn how to qualify. Then, we’ll present a case study. Oftentimes a complex interplay is present between SSA benefits and DIC benefits. Even though they are both government disability benefit programs. For example, eligibility for SSA death benefits does not necessarily mean you are […]
Most Veterans Administration disability benefits cases revolve around the assigned disability rating. This rating directly impacts the amount of compensation a veteran receives. But sometimes, despite a disability attorney’s best efforts, a 100% rating just isn’t possible. Total Disability based on Individual Unemployability (TDIU) allows veterans who aren’t totally disabled, but still can’t hold down […]
PTSD Claim Denied Due to Missing DSM-V Criteria You may have your PTSD claim denied due to missing DSM-V criteria. The fifth version of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5 or DSM-V) outlines the eight components of a Post Traumatic Stress Disorder (PTSD) claim. If even one required component is missing, the […]
Unverified Stressor Event & PTSD Denials Have you been denied a PTSD claim with an Unverified Stressor Event? Although there are documented incidents as far back as the 1400s, Post Traumatic Stress Disorder (PTSD) became a widespread problem during World War I. The use of terrible new weapons, such as machine guns, poison gas, and […]
In 2018, the Veterans Administration audited all the Post Traumatic Stress Disorder claims related to Military Sexual Trauma (PTSD MST) that it received in 2017. Claims examiners denied roughly halfof those applications. The high denial rate did not surprise most VA disability attorneys. High denial rates are extremely common, mostly because the claims examiner only […]
Has Your Total Disability Due To Individual Unemployability (TDIU) Claim Been Denied Because Of Your Job? When the VA issues a Total Disability Due to Individual Unemployability (TDIU) or other denial, it is incredibly frustrating. In most cases, even straightforward Veterans Administration (VA) claims are extremely time-consuming. There are roadblocks at almost every curve. At […]
Five Steps to Winning a Remand at the United States Court of Appeals for Veterans Claims The Court of Appeals for Veterans Claims (CAVC) only grants a certain number of appeals. The good news is that most CAVC decisions are remanded. The CAVC returns the case to a lower court with instructions as to how […]
There are many considerations in discussing how to Appeal to the CAVC, the US Court of Appeals for Veterans Claims. The US Court of Appeals for Veterans Claims (CAVC) is usually the highest court in the land when it comes to Veterans Administration benefit matters. In that respect, the CAVC is a lot like the […]
How to Approach Board of Veterans’ Appeals Denials It’s best to approach Board of Veterans’ Appeals Denials with optimism. Since they are somewhat like trials and give attorneys wide latitude, Board of Veterans’ Appeals (BVA) proceedings are often successful. That said, these appeals are not always successful. Denials can be incredibly frustrating because the Veteran, […]
Why are so many claims for 100% TDIU Denied? To say the least, the initial disability review process is not Veteran-friendly. There is only so much money to go around. So, claims review agents (CRAs) often look for technicalities and other loopholes to deny claims or at least significantly reduce awards. Things are much different […]
