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Requirements for a Successful Section 1151 Claim

Posted by Gregory M. Rada | September 28, 2021 | State Veteran Benefits

If you or a loved one were harmed – or worse – by care received in a VA facility, then one of your options to recover against the VA is to make a “Section 1151 claim” which is a type of medical malpractice claim. If successful, the injury you suffered will be considered to be… read more

Service Connection for Diseases Associated with Exposure to Asbestos

Posted by Gregory M. Rada | September 27, 2021 | Disability Compensation,Health Benefits,State Veteran Benefits

Winning a claim for service connection for asbestos-related diseases can be difficult due to the need to prove you were exposed to asbestos. Proving asbestos exposure to receive disability compensation benefits can be a complicated process that is likely to be daunting in the face of the health concerns you’ve been forced to deal with…. read more

VA Benefits for Family Members: Important Things to Know

Posted by Gregory M. Rada | September 23, 2021 | State Veteran Benefits

Veterans serve our nation proudly, and their families and loved ones are often required to bear considerable hardship of their own as a result. In response, the VA provides certain benefits for the spouses, dependents, survivors, and caregivers of veterans. If you have questions or concerns about family member benefits, look no further than an… read more

Veterans Discharged for Sexual Orientation to Receive VA Benefits

Posted by Gregory M. Rada | September 20, 2021 | Disability Compensation,Legal Update

On the 10th anniversary of the repeal of the “Don’t Ask, Don’t Tell” policy, VA announced that LGBTQ+ service members who received an other than honorable discharge would now be eligible for VA benefits such as vocational rehabilitation, home loan guaranty, compensation & pension, health care, homeless program, and/or burial benefits. Veterans Discharged for Sexual Orientation,… read more

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