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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 […]

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 […]

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, […]

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 […]

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 […]

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. […]

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 […]

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 […]

The VA finally announced that it will begin implementing the National Defense Authorization Act for Fiscal Year 2021 which amended 38 U.S.C. § 1116 to add to the list of conditions that are presumptively associated with exposure to Agent Orange the conditions of bladder cancer, Parkinsonism, and hypothyroidism. What Does this Mean? This means that […]

Assessing all relevant evidence of record is required to determine TDIU entitlement. Evidence that can be used to support entitlement to VA individual unemployability benefits can take many forms ranging from medical opinions to education and work history. How do Medical Opinions Impact TDIU Claims? The professional opinions of psychologists, doctors, nurses, etc. hold a […]