Significant Judicial Precedent and Its Effect on the Board Throughout FY 2015, the CAVC and the Federal Circuit issued many significant decisions that impacted the way VA adjudicates appeals, including the following: ►Scott v. McDonald, 789 F.3d 1375 (Fed. Cir. 2015): In this case, the incarcerated Appellant requested a Board hearing and noted that his […]
VA Claims Articles
VA Disability Compensation The Compensation program provides tax-free monthly benefits to Veterans in recognition of the effects of disabilities caused by diseases, events, or injuries incurred or aggravated during active military service. The program also provides monthly payments to surviving spouses, dependent children, and dependent parents in recognition of the economic loss caused by the death […]
The multi-stage appellate process is available to you after you have already received one or more decisions on your claim, but disagree with some aspect of VA’s decision. During the appellate process, an appeal undergoes additional independent reviews, often multiple times and by different adjudicators, as you or your representative submit new evidence and/or a new argument
Historical compensation rates come in handy when trying to calculate retroactive pay over several years.
VA PROCEEDINGS TO REDUCE A RATING OR SEVER SERVICE From NVLSP Veterans Benefits Manual 2002 edition. Current versions available Here
Protections against Reductions after Ten and Twenty Years of Continuous Benefits or Rating at a Particular Level
Rules Regulating the Reduction of Total (100%) Disability Evaluations
I get asked more questions about how to file and win a VA sleep apnea disability claim than almost any other topic in all of VA Benefits Law. True story. And I’ve been getting asked these questions for years. On top of that, for about 2 years, I noticed at my VA Benefits law firm and on the Veterans […]
This rating schedule is primarily a guide in the evaluation of disability resulting from all types of diseases and injuries encountered as a result of or incident to military service. The percentage ratings represent as far as can practicably be determined the average impairment in earning capacity resulting from such diseases and injuries and their […]
Did You Use the VA Form 21-4138 Statement in Support of Claim? When it comes to forms that do nothing in a VA claim or appeal, the VA Form 21-4138 Statement in Support of Claim takes the Grand Prize. The VA Bureaucracy has made the claims process so befuddling that it created a form that is really just a […]
Do you have Non-Combat VA PTSD disability claim? Ever try to convince the VA that your non-combat stressor event occurred? It’s a lot harder for non-combat Veterans – if you didn’t serve in combat, the VA isn’t going to take your word for it: you have to prove to the VA that the stressor event occurred. It’s really hard, isn’t it?
Today I want to talk about a new case out of the CAVC that requires the VA to go even FURTHER in its Duty to Assist the Veteran.
GAO identified various options for revising eligibility requirements and the structure of the Individual Unemployability benefit. Six options focus on eligibility requirements, such as considering additional criteria when determining unemployability and applying an age cap of 65. The seventh option would change the benefit structure by reducing payments as beneficiaries earn income in excess of […]