The Role Of Lay Statements In A Disability Claim 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 …
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Fair Process In A VA Disability Appeal
Determining Fair Process In A VA Disability Appeal 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. …
Unemployable and Unemployed for TDIU
What is the Difference Between “Unemployable” and “Unemployed” for TDIU Purposes? 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 …
TDIU Extra-Schedular Claims
TDIU Extra-Schedular Claims: A Closer Look In many ways, a 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 …
Evaluate TDIU Claims
How Does The VA Evaluate TDIU Claims? 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 …
CUE Appeals
CUE Appeals: A Case Study 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 …
Apply for TDIU and Use the G.I. Bill
Can I Apply for TDIU and Use the G.I. Bill? 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 …
TDIU And Vocational Rehab
TDIU And Vocational Rehab Benefits 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 …
Five Types of SMC
The Five Types of SMC – Special Monthly Compensation Benefits 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 …
Presumptive Service Connection
Does My Agent Orange Exposure Qualify for the Presumptive Service Connection? 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 …
