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 …
Category: VA Benefits
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 …
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 …
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 …
Supplemental Claim Appeal
What is a VA Form 21-0995 and a Supplemental Claim Appeal? Information on filing a Supplemental Claim Appeal. Excessively long wait times for appeal hearings, among other issues, prompted lawmakers to pass the Appeals Modernization Act (AMA) in 2017. The AMA split the appeals process into three avenues. It also standardized some VA notice procedures …
Backdating VA Disability Claims
Properly Backdating VA Disability Claims We want to stress the importance of properly backdating VA disability Claims. Full VA disability financial benefits could be several thousand dollars a month, depending on the circumstances of the case. So, a few months of back benefits could mean several thousand dollars. A few years of back benefits could …
Agent Orange Exposure and Secondary Conditions
Agent Orange Exposure and Secondary Conditions Most Veterans eligible for benefits due to Agent Orange exposure either have presumptive conditions or directly service-related conditions. Benefits are available for presumptive conditions if the Veteran had a listed condition, such as lymphoma, and served in the Vietnam theater in the 1960s. In 2019, Congress expanded the definition …
The Finality of VA Disability Claims
Understanding The Finality of VA Disability Claims 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 …
