In the 1991 Persian Gulf War, Iraqi strongman Saddam Hussein set Kuwait’s oil fields on fire. Most of us have seen pictures of the thick, black, toxic smoke blanketing the region. In the Iraq War, a similar danger emerged. Toxic smoke, this time from our own large burn pits, claimed thousands of victims in Iraq …
Blog
Successful Veterans Class Action Claims
VA disability claims are individual claims. A doctor examines the veteran and determines the extent of the disability. Then a Claims Examiner determines if the Veteran’s disability is service-related. Both these determinations are subject to higher review. Class actions are different in many ways. Individual Veterans may form a class and take collective action …
If You Lose In CAVC
Under The Appeals Modernization Act, What Do You Do If You Lose In CAVC? You may be asking what options there are if you lose in CAVC. In the before times, if the Court of Appeals for Veterans Claims denied a Veteran’s appeal, that was essentially the end. Your attorney could file a motion for …
CAVC Class Actions
Five Rules For Filing Successful CAVC Class Actions If you are a lone David taking on the VA Goliath in a way that affects a lot of other veterans, your case might work better as CAVC class actions. The VA recently changed the class action rules, so it is important to know your rights. A …
Decision Review Request Denial
Appeal Options Following a VA Form 10182 – Decision Review Request (Notice of Disagreement to the Board of Veterans’ Appeals (BVA)) Denial It is not uncommon for a Veteran to receive a Decision Review Request Denial. The 2017 Appeals Modernization Act (AMA) significantly streamlined the VA disability appeals process. However, the AMA did not necessarily …
Higher Level Review Denial
What are Your Appeal Options Following a VA Form 21-0996 – Higher Level Review Denial? Due to the fact that there are so many Veterans who get a higher level of review denial, this is a common question. The higher level review is perhaps the fastest and most efficient appeals lane in the new VA …
Denied Supplemental Claim
What are My Appeal Options After a VA Form 21-0995 – Denied Supplemental Claim Appeal? Has your Supplemental Claim Appeal been denied after submission of VA form 21-0995? You are not out of options. Before 2017, all VA disability appeals had a single, mandatory long progression to the Board of Veterans Appeals. Because the veteran …
Decision Review Request
What is a VA Form 10182 and a Decision Review Request (Notice of Disagreement to the Board of Veterans’ Appeals (BVA))? The Decision Review Request is often referred to as a Notice of Disagreement. The 2019 Appeals Modernization Act (AMA) created three lanes for VA appeals matters. However, after the initial rating decision, some Veterans opt …
Service-Related Connection
Establishing a Service-Related Connection in VA Disability Claims Defining a service-related connection. In a nutshell, any illness or injury which occurred while the Veteran was on active duty. Whether or not the illness or injury was directly tied to military activity, like a combat or training injury, is service-related for VA disability purposes. Generally, illnesses include …
Higher Level Review Appeal
What is a VA Form 21-0996 and a Higher Level Review Appeal? Explaining a Higher Level Review Appeal. Once upon a time, there was an informal presumption that VA disability applicants were probably entitled to benefits. Claims Examiners looked for ways to approve requests and even offered assistance in many cases. Those days are long …
