VA’s New Standardized Forms and Intent to File a Claim

Gregory M. Rada Disability Compensation, Legal Update

VA’s requirement to use standardized forms to start claims and appeals has gone into effect as of March 25, 2015. In addition, the VA’s new “Intent to File a Claim” process replaced the old “informal claims” process. I’ve already discussed the details of the new standardized forms requirement here, as well as the intent to file a claim process here, so …

Veterans Law Legal Update: Beraud v. McDonald, 766 F.3d 1402 (Fed. Cir. 2014)

Gregory M. Rada Disability Compensation, Legal Update

  In September 2014, the Federal Circuit decided Beraud v. McDonald, carving out an exception to the general rule that a “subsequent final adjudication of a claim which is identical to a pending claim that has not been finally adjudicated terminates the pending status of the earlier claim.” Now, under Beraud, when a veteran submits evidence to the VA within the appeal period of …

Service Connection for Tinnitus Without Accompanying Hearing Loss?

Gregory M. Rada Disability Compensation

It’s very common for veterans to suffer from tinnitus without accompanying hearing loss. Unfortunately, when a veteran submits a claim for service connection for tinnitus without hearing loss, VA examiners will often render a negative nexus opinion that goes something like this: “Although the veteran served in a high hazardous noise MOS, the veteran has bilaterally normal hearing indicating intact cochlear function. Therefore, the …

VA Releases Final Rule on Standardized Claims and Appeals Forms

Gregory M. Rada Disability Compensation

The VA amended its regulations today introducing a uniform disability claims form that VA says will allow it to better service veterans. The new rule goes into effect beginning March 25, 2014, and includes three major changes: Requirement that all VA benefits claims (pension, compensation, dependency and indemnity compensation, and monetary burial benefits) be filed on VA’s standardized claims form Requirement …