01 Mar 2022

Expand Benefits For Veterans

Toxic Exposure, VA Benefits, VA Disability Attorney, VA Disability Claims, VA Disability Compensation
Congress To Expand Benefits For Veterans Exposed To Toxins   In a move that would expand benefits for veterans of Vietnam, the Persian Gulf War, and the Global War on Terror, House Veterans Affairs Committee Chairman Mark Takano (D-CA) has set up an online survey for individuals to report toxic exposure symptoms related to their military service.   The intention of Rep. Takano's survey is to support his proposed Honoring Our Promise to Address Comprehensive Toxics (PACT) Act which has at least 67 co-sponsors as of February 21, 2022. Therefore, Rep. Takano has encouraged veterans to share via the survey.…
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15 Feb 2022

VA Rates PTSD

PTSD, PTSD Disability, VA appeals Attorney, VA Benefits, VA Disability Attorney, VA Disability Claims, VA Disability Compensation
How The VA Rates PTSD What is PTSD and how the VA rates PTSD.  Post-Traumatic Stress Disorder (PTSD) is a common, though not always visible, disability that can be related to military service. Almost everyone who experiences a highly stressful event will have responses to it such as nervousness, trouble sleeping, fear, and many other possible symptoms. If those responses do not go away in a reasonable amount of time, the victim may have PTSD. Exposure to extreme stress alters the balance between the parts of the brain that control emotional responses and logical responses. Thus, PTSD victims can lose…
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01 Feb 2022

Burn Pit Coverage

Burn Pits, VA appeals Attorney, VA Benefits, VA Disability Attorney, VA Disability Claims, VA Disability Compensation
Baby Steps Toward VA Burn Pit Coverage   In December 2021, President Biden signed into law, as part of the National Defense Authorization Act (NDAA), two bills that expanded the VA’s burn pit coverage of illness infrastructure. The bills (a) expand the Burn Pit Registry to include service in Egypt and Syria, and (b) require Department of Defense physicians to undergo training on the health effects of burn pit exposure. Advocates hope the moves will lead to full benefits for burn pit victims in the near future.   “Today is a great victory for our nation’s veterans and service members,…
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25 Jan 2022

VA Disability Attorney

VA appeals Attorney, VA Benefits, VA Disability Attorney, VA Disability Claims, VA Disability Compensation, Veterans' Appeals
A VA Disability Attorney’s Role in a VA Disability Claim   Can a VA disability attorney provide assistance in a Veterans Administration Claim? In his second inaugural address, President Abraham Lincoln envisioned the service that would become our modern Veterans Administration compensation structure. His vision included a service that would “care for him who shall have borne the battle, and for his widow, and his orphan.” Today, disability benefits for veterans and survivor benefits for their immediate family are available through the VA compensation structure. These benefits usually include monthly cash payments and free medical care at any VA facility.…
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18 Jan 2022

Components Of TDIU Claims

VA Benefits, VA Disability Attorney, VA Disability Claims, Veterans' Appeals
The Two Components Of TDIU Claims There are two components of TDIU claims.  Sometimes, the Total Disability due to Individual Unemployability claims are straightforward. The veteran is not working, a VA doctor says the Veteran cannot work, and the Veteran has a disability rating that meets the requirements. But other times, there is some doubt in at least one of these areas. Cantrell v. Shulkin, a 2017 case, sheds some light on what "cannot work" means. In this case, Cantrell, who had service-related ulcerative colitis and worked as a park ranger, required at least a dozen bathroom breaks a day.…
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11 Jan 2022

Supplemental Review

VA appeals Attorney, VA Benefits, VA Disability Attorney, VA Disability Claims, VA Disability Compensation, Veterans' Appeals
Requesting Supplemental Review in a VA Disability Case Your VA claim was denied because you needed more evidence? Then supplemental review may be your best option. Although, there are other options, like a higher-level review or a traditional appeal to the Board. A Supplemental Review begins by filing Form 20-0955. It often leads to a revised decision within four months. However, frequently, lack of evidence is not the only issue. Many claims also have presentation problems. For example, Claims Examiners might fixate on things like certain words in medical reports. This might lead them to deny the claim, even if…
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04 Jan 2022

TDIU FORM

Individual Unemployability, Individual Unemployability (IU), TDIU, VA Benefits, VA Disability Attorney, VA Disability Claims, VA Disability Compensation, Veterans' Appeals
TDIU FORM: VA Form 21-4192 Disability is always subjective. A condition that might be disabling in one context might not be disabling in another. That is the main idea of a Total Disability de to Individual Unemployability claim. VA Form 21-4192 either establishes or undermines a Veteran’s contention that they are disabled. It might come up in other disability claims as well, but outside TDIU this form is essentially housekeeping paperwork. In a TDIU claim, it matters. A significant proportion of VA disability claims are TDIU claims. Furthermore, a number of TDIU claims are nonschedular claims (more on that below).…
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09 Nov 2021

Higher Level Review

Higher Level Review, VA appeals Attorney, VA Disability Attorney, VA Disability Claims
Higher Level Review and Your VA Disability Claim Veterans still have the Higher Level Review option even after the 2017 VA disability reforms made some significant changes. For many Veterans, the extended wait time for an appeal hearing is over. Now, an appeal might simply be a matter of filling out a form. It's not even that bad of a form, no more complicated than the one you filed to start your claim. If you need to appeal, you have different options. This is the one for if VA made a simple common mistake, like applying the wrong legal standard.…
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12 Oct 2021

Claims Backlog

VA appeals Attorney, VA Benefits, VA Disability Attorney, VA Disability Compensation, Veterans' Appeals
Post-Pandemic Claims Backlog Worse Than Expected   With rising immunity to Covid, many parts of life are getting back to normal. But that is not the case at the Veterans Administration. Officials expect cases to be seriously backed up until late 2022. The post-pandemic claims backlog is worse than expected.   Before the coronavirus pandemic began, a little over 70,000 cases had been pending for more than a month. That number peaked at 210,000 in the spring of 2021, and it has not gone down much. Processing times have improved, but there is no end to the backlog in sight.…
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09 Oct 2021

VA Disability Process

VA appeals Attorney, VA Benefits, VA Disability Attorney, VA Disability Claims
VA Disability Process Under Scrutiny Is the VA disability process racist? The National Veterans Council for Legal Redress and the Black Veterans Project say maybe. They are suing the Veterans Administration, saying their disability determination process lacks “transparency and accountability.” An initial review indicated that black Veterans received disability benefits at a “significantly lower rate” than their white counterparts. These advocacy groups are requesting disability determination data broken down according to gender and race. The groups also demanded any documents pertaining to internal investigations in this area. Under the Freedom of Information Act, the government is supposed to release most…
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