Posted by Gregory M. Rada | April 28, 2026 | Disability Compensation
If you have a service-connected physical disability and you’ve developed depression, anxiety, or another mental health condition because of it, you may be entitled to a separate VA disability rating for that mental health condition. This is called secondary service connection, and it’s governed by 38 C.F.R. § 3.310. The connection between chronic physical conditions […]
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Posted by Gregory M. Rada | April 21, 2026 | Firm News
Most veterans who research TDIU learn the schedular requirements quickly: one service-connected disability rated at 60% or more, or a combined rating of 70% with at least one condition rated at 40%. If they don’t meet those thresholds, many assume they’re disqualified. That’s wrong. Under 38 C.F.R. § 4.16(b), VA is required to consider TDIU […]
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Posted by Gregory M. Rada | April 14, 2026 | Firm News
The effective date on your VA disability award determines when your benefits start, and it controls how much retroactive pay you receive. A veteran who wins a 70% rating with an effective date of January 2020 gets back pay from that date forward. Move that effective date back to January 2018, and the veteran collects […]
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Posted by Gregory M. Rada | April 07, 2026 | Disability Compensation
Under the AMA, the difference between a “new claim” and a “supplemental claim” can be worth years of retroactive compensation. A supplemental claim filed within one year of a VA decision preserves your original effective date. A new claim resets it. Until recently, VA took the position that the only way to file a valid […]
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Posted by Gregory M. Rada | April 03, 2026 | Firm News
Most veterans who look into TDIU benefits quickly run into the same two numbers: 60 and 70. The standard eligibility requirements state that a veteran needs either one service-connected disability rated at 60% or more, or a combined rating of at least 70% with at least one condition rated at 40% on its own. If […]
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Posted by Gregory M. Rada | March 28, 2026 | Firm News
If VA denied your TDIU claim, you’re not alone — and the denial may not be correct. TDIU claims are among the most frequently denied benefits in the VA system, and the reasons follow a pattern. VA raters apply the wrong legal standard, ignore relevant evidence, or rely on C&P exam opinions from examiners who […]
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Posted by Gregory M. Rada | March 21, 2026 | Disability Compensation
One of the most common reasons veterans don’t file for TDIU is because they think they can’t work at all and still qualify. That’s wrong. You can work and still get TDIU — as long as your employment is considered “marginal” under VA’s rules. The real question VA is asking is not whether you’re completely […]
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Posted by Gregory M. Rada | March 15, 2026 | Firm News
Receiving a Total Disability based on Individual Unemployability (TDIU) award is a significant milestone for many veterans. But a common and understandable concern follows shortly after: can the VA take it away? The short answer is yes, under certain conditions. Understanding those conditions is the first step toward protecting what you have earned. How the […]
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Posted by Gregory M. Rada | March 14, 2026 | Disability Compensation
Special Monthly Compensation at the T rate — SMC-T — is the highest-paying VA disability benefit available to veterans with traumatic brain injury, and most veterans have never heard of it. In 2026, SMC-T pays $11,271.67 per month for a single veteran with no dependents, tax-free. That’s nearly three times the standard 100% disability rate. […]
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Posted by Gregory M. Rada | March 10, 2026 | Disability Compensation
On February 4, 2026, the U.S. Court of Appeals for the Federal Circuit issued its decision in Hamill v. Collins, No. 24-1543, and it may be the most significant veterans law opinion in years for anyone with a pending or overlooked TDIU claim. The court held that the implicit denial doctrine no longer applies to […]
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