Nearly every veteran representative is familiar with total disability ratings based upon individual unemployability (TDIU). They are the most common way for obtaining a 100% disability rating, given the difficulty of securing a total disability rating under the stringent criteria of the VA Schedule. Two subsections of 38 C.F.R. § 4.16 provide for TDIU ratings: 38 C.F.R. § 4.16(a) & …
Arguing an Effective Date When For a Claim When an NOD Wasn’t Filed. The date of a claim is the earliest effective date allowed for a service-connected disability award. In general, when an RO renders a decision on a claim, the decision becomes final, unless a Notice of Disagreement has been filed within one year. A final decision means …
In Saunders v. Wilkie, ___F.3d___ (filed on April 3, 2018), the Federal Circuit held that pain alone, absent a specific diagnosis or identifiable disease or injury, may be a basis for a disability award, so long as the pain is related to military service. On this score, Saunders overruled longstanding Veterans Court cases. In so holding, the Federal Circuit focused …
“In Golden v. Shulkin, ____Vet.App._______ (filed February 23, 2018), the Veterans Court decided that the Board of Veterans’ Appeals (“the Board”) may not use Global Assessment of Functioning (GAF) scores in assigning a disability rating for psychiatric claims where the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, (2013) (“DSM-5”) applies.” GAF scores have been a fixture of VA …
Under 38 C.F.R. § 3.310 a veteran is entitled to service-connection for a disability or illness proximately caused by an existing service-connected disease or injury. In VA terminology, the causative disability is called the primary disability and the resulting disability is referred to as the secondary disability. For some time, the VA interpreted § 3.310 as requiring a primary disability …
Nearly every veteran representative is familiar with total disability ratings based upon individual unemployability (TDIU). They are the most common way for obtaining a 100% disability rating, given the difficulty of securing a total disability rating under the stringent criteria of the VA Schedule. Two subsections of 38 C.F.R. § 4.16 provide for TDIU ratings: 38 C.F.R. § 4.16(a) & …
Arguing an Effective Date When For a Claim When an NOD Wasn’t Filed. The date of a claim is the earliest effective date allowed for a service-connected disability award. In general, when an RO renders a decision on a claim, the decision becomes final, unless a Notice of Disagreement has been filed within one year. A final decision means …
In Saunders v. Wilkie, ___F.3d___ (filed on April 3, 2018), the Federal Circuit held that pain alone, absent a specific diagnosis or identifiable disease or injury, may be a basis for a disability award, so long as the pain is related to military service. On this score, Saunders overruled longstanding Veterans Court cases. In so holding, the Federal Circuit focused …
“In Golden v. Shulkin, ____Vet.App._______ (filed February 23, 2018), the Veterans Court decided that the Board of Veterans’ Appeals (“the Board”) may not use Global Assessment of Functioning (GAF) scores in assigning a disability rating for psychiatric claims where the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, (2013) (“DSM-5”) applies.” GAF scores have been a fixture of VA …
Under 38 C.F.R. § 3.310 a veteran is entitled to service-connection for a disability or illness proximately caused by an existing service-connected disease or injury. In VA terminology, the causative disability is called the primary disability and the resulting disability is referred to as the secondary disability. For some time, the VA interpreted § 3.310 as requiring a primary disability …
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James H.|El Cajon, CA
$20,680
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Brian H.|North Carolina
Awarded $92,000
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