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Presumptive Service Connection for Asthma, Rhinitis, and Sinusitis

Posted by Gregory M. Rada | August 2, 2021 | Disability Compensation

The VA announced today that it will immediately begin processing and granting claims for service connection for asthma, rhinitis, and sinusitis as presumptively related to exposure to particulate matter during service in the Southwest Asia theater of operations or in Afghanistan, Uzbekistan, Syria, or Djibouti. The Secretary of Veterans Affairs, Denis McDonough, stated that he… read more

Fundamental Rules Used By The VA In Rating Disabilities

Posted by Gregory M. Rada | July 29, 2021 | Disability Compensation

The Veterans Affairs (VA) assigns veterans a disability rating by comparing the severity of a service-connected disability to the Schedule for Rating Disabilities. That rating is then “combined” with a veteran’s other ratings to determine their total combined rating. The total combined rating is then used to determine the amount of compensation paid monthly to… read more

What Is a C&P Exam? Understanding Compensation and Pension Examinations

Posted by Gregory M. Rada | July 28, 2021 | Disability Compensation

Once you’ve applied for VA disability or pension benefits, expect to receive a letter or phone call from the Veterans Affairs (VA) scheduling you for a Compensation & Pension (C&P) examination. A C&P exam is an appointment with a medical professional who will evaluate your disabilities. If your claim involves multiple disabilities, the VA may… read more

TDIU Success Rate: Understanding The Two-Step Analysis To Qualify For A TDIU Rating

Posted by Gregory M. Rada | July 27, 2021 | Disability Compensation

Veterans who are incapable of securing and maintaining substantially gainful employment may qualify for a total disability rating based on individual unemployability (a “TDIU” or “IU”). If awarded a TDIU, a veteran will be paid at the 100% disability rate even though their combined disability rating is less than 100%. Substantially gainful employment is generally… read more

Applying For VA Disability Benefits Years After Service: Basic Eligibility For VA Benefits

Posted by Gregory M. Rada | July 26, 2021 | Disability Compensation

A veteran can apply for VA disability compensation benefits any time after service. Put another way, there is no time limit on when you can apply for benefits. Generally, you must satisfy three elements to service connect a disability: Evidence of current disability, i.e., a current diagnosis of a chronic medical condition; An in-service event,… read more

Basic Eligibility Requirements for VA Benefits

Posted by Gregory M. Rada | June 22, 2021 | Disability Compensation,Health Benefits,State Veteran Benefits

Each VA benefit – health care, disability, pension, education, housing, etc. – administered by the VA has its own unique eligibility requirements but there are basic eligibility requirements common to all VA benefits. The most common requirement is whether you are a veteran, and some benefits look at whether you had wartime versus peacetime service… read more

Rules Regulating the Reduction of VA Disability Ratings

Posted by Gregory M. Rada | June 19, 2021 | Disability Compensation,Health Benefits,State Veteran Benefits

A VA disability rating is not truly protected until it has been in effect for 20 years or more. At the 20-year mark, the VA cannot reduce a rating unless it determines that the rating was based on fraud. Prior to then, however, there are certain situations where VA can reduce a disability rating if… read more

What is PTSD?

Posted by Gregory M. Rada | June 14, 2021 | PTSD Benefits

Post-traumatic stress disorder (PTSD) is a mental condition described by the American Psychiatric Association’s Diagnostic and Statistical Manual for Mental Disorders, Fifth Edition (DSM-5), as “a trauma- and stressor-related disorder.”  The DSM-5 states: [t]he essential feature of posttraumatic stress disorder (PTSD) is the development of characteristic symptoms following exposure to one or more traumatic events…. read more

How Does VA Rate PTSD and other Psychiatric Disorders?

Posted by Gregory M. Rada | June 8, 2021 | Firm News

A study conducted in the late eighties found that the lifetime prevalence of PTSD among veterans that served during the Vietnam era was 30.9% for men and 26.9% for women. A study conducted in the late nineties estimated the prevalence of PTSD among Gulf War veterans to be 10% to 12%. And a study conducted… read more

VA Attorney Fee Agreements: How Much Does a VA Disability Lawyer Cost?

Posted by Gregory M. Rada | June 8, 2021 | Firm News

Generally, there is no upfront fee for legal representation by a VA disability lawyer. Most VA disability lawyers use contingent fee arrangements. This means that instead of charging by the hour, most VA disability attorneys receive a percentage of the veteran’s past-due benefits (back pay) that is won on appeal. So, hiring a VA disability… read more