Berta posted this reminder about Clemons v Shinkseki when claiming mental health disabilities. Read the full post and additional comments here."The scope of a mental health disability claim includes any mental health disability that could reasonably be encompassed by the claimant's description of the claim, reported symptoms, and the other information of record. … [Read more...] about Clemons v. Shinseki – Scope of a mental health disability claim includes any mental health disability that could reasonably be encompassed by the claimant’s description of the claim, reported symptoms, and the other information of record.
In Chris Attig’s article “Bad Medicine? 6 Ways to Challenge Veterans Affairs C&P Exam Results” This article is referenced from a longer article on “How to Use Court Cases to Improve Your Veterans Affairs Claim or Appeal” I’ve also include the summary from the case for reference along with links to the complete article on Chris’s site the Veterans Law Blog. Excerpt from … [Read more...] about Challenging Your C&P Exam
VA TL 10-07 below Rescinds VA TL 07-01 | September 14, 2010 | SUBJ: Adjudication of Claims for Total Disability Based on Individual Unemployability (TDIU) PURPOSE Our purpose in issuing this training letter is to revise and clarify our policies and procedures concerning the adjudication of TDIU decisions in order to restore the original intention of the TDIU evaluation – … [Read more...] about Total Disability Ratings Based on Individual Unemployability (IU) – VA Training Letter 10-97 Rescinds Training Letter 07-01
Appeals process: 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 … [Read more...] about Veterans Affairs Disability Claims Appeals
http://www.bva.va.gov/docs/VLR_VOL3/1-Allen-TheLawofVeteransBenefitsPages1-66.pdfTHE LAW OF VETERANS’ BENEFITS 2008-2010The Law of Veterans’ Benefits 2008-2010: Significant Developments, Trends, and a Glimpse into the Future Michael P. Allen1 INTRODUCTION The two-year period addressed in this article has been a busy time for the United States Court of Appeals for … [Read more...] about Law of Veterans’ Benefits 2008-2010
Williams Jr. v. PrincipiUSAVC 02-0764 - STEINBERG, Judge: Veteran Luther Williams, Jr. (the appellant), pro se, seeks review of a May 28, 2002, Board of Veterans' Appeals (Board or BVA) decision that (1) denied Department of Veterans Affairs (VA) service connection for a dental disability and (2) determined that he had failed to file a timely Substantive Appeal both as to a … [Read more...] about US Court of Veterans Claims (USCAVC) Cases