If the VA denied your disability claim, you are certainly not alone. Largely for financial reasons, Claims Examiners deny about a third of the applications they review. There is only so much money to go around, and every dime paid out takes money away from the bureaucratic machine. Fundamentally, you have two choices in this situation: accept the result or …

Yes you can!  In fact, these type of service-related disabilities have a name: secondary service-connected disabilities.  The regulation, 38 C.F.R.§ 3.310(a), provides: [D]isability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of …

The short answer to this question is: Yes.  However, it is very uncommon. Usually, a 100% disability rating translates to a psychiatric disability so severe as to preclude a claimant from engaging in gainful employment. Recall that there are two ways to achieve a 100% disability award: by establishing that the veteran’s symptoms fit the 100% scheduler criteria or by …

It is never too late to file a VA disability claim. Claimants are not limited in the number of disability claims they may file. But there are important distinctions to keep in mind. For claims seeking service-connection, the VA calls them original claims, and once they are denied and become final, all other claims are called claims to reopen. As …

Now that you or your spouse have completed your active military duty and returned to the civilian world, you may feel like you have merely exchanged one set of stresses for another, including navigating the VA’s application process for any disability benefits to which you might be entitled. You might have heard about TDIU – total disability individual unemployability – …

Let’s start at the beginning.  A veteran or claimant begins the adjudication process by filing a claim(s) for entitlement to a service-connected disability at one of the many local VA regional offices.  A VA employee called a Rating Specialist develops the claim(s) by gathering evidence and then decides the claim and sends it to the veteran in a Rating Decision.  …

Disability Benefits Questionnaires or DBQs are the standard VA templates for VA and private examination reports.  DBQs set forth an exhaustive list of questions to be addressed by physicians and these responses are used to evaluate a veteran’s disability claim.  If your treating physician or a consulting physician is going to write an opinion in support of your claim, have …

  Many attorneys practice disability law, but to give your claim the best chance of succeeding it is important to work with an attorney who has experience practicing veterans disability law.   A good veterans disability attorney will have the legal knowledge and experience to go toe to toe with the VA to get you the compensation you deserve. They …

If you are a veteran who is struggling with a disability that stems from your time in the military, you may be entitled to VA disability benefits. Though the initial filing can be fairly straightforward, the resulting procedures can be slow and require near-constant oversight. Should a claim be denied or underrated, the resulting appeals process can require even more …

As Americans, our legal rights to life, liberty and the pursuit of happiness are considered inalienable. When our lives become complicated by our careers, families and health problems, however, those deeply personal rights need protecting. Power of attorney is a useful legal tool often used in cases where a person needs the legal aid of a representative. This tool is …