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Category: Disability Compensation

The Power of Newly Obtained Service Department Records

Posted by Gregory M. Rada | November 11, 2023 | Disability Compensation

Introduction Navigating the labyrinth of Veterans Affairs (VA) claims can be a grueling endeavor, especially when your initial claim gets denied. But what if you stumble upon new records related to your service that could make all the difference? The good news is, there’s a mechanism under the VA’s rules—specifically, 38 C.F.R. § 3.156(c)—that mandates… read more

Navigating the “Benefit of the Doubt” Standard in VA Disability Claims

Posted by Gregory M. Rada | October 21, 2023 | Disability Compensation

When pursuing VA disability benefits, understanding the “benefit of the doubt” standard is paramount. As a linchpin in veterans’ disability benefits, this principle can make or break your claim for service-connected disability compensation. Let’s dive into its implications. Unpacking the “Benefit of the Doubt” Rule How the VA Applies this Standard Making Sense of Conflicting… read more

An Explanation of Service Connection via Aggravation

Posted by Gregory M. Rada | September 26, 2023 | Disability Compensation

Introduction When it comes to securing veterans’ benefits, the process can often be intricate and nuanced. Particularly when dealing with the issue of service-connected aggravation, a solid understanding of the VA’s procedures and decisions becomes crucial. This post will delve into the details of winning service connection via aggravation and how you, as a veteran,… read more

How to Obtain Medical Evidence to Satisfy the Nexus Requirement

Posted by Gregory M. Rada | September 15, 2023 | Disability Compensation

Among the complex and multifaceted landscape of veterans’ benefits and claims for service-connected disability, one aspect is often misunderstood – the necessity and role of medical evidence. Many veterans may not realize that, in legal terms, they are not “qualified” or, duly qualified, to provide the medical evidence often needed to substantiate their claim. Table… read more

Understanding Pain-Based Claims for VA Disability Compensation

Posted by Gregory M. Rada | September 8, 2023 | Disability Compensation

Introduction One of the recent transformations in disability law for veterans, concerns pain-based claims for disability compensation. Traditionally, if a veteran’s pain could not be tied to a diagnosed or identified condition, the veteran would be ineligible for disability compensation. However, this standard has been challenged and reshaped over time. Table of Contents Pain Alone… read more

Navigating Mental Disorder Claims for Disability Compensation: A Comprehensive Guide

Posted by Gregory M. Rada | September 1, 2023 | Disability Compensation

Introduction: For veterans grappling with mental disorders, navigating disability compensation claims can present a unique set of challenges. These challenges may differ from claims based on physical disorders, and understanding the nuances can make a significant difference. In this post, we delve into some of these challenges and offer tips to overcome them. Table of… read more

Understanding the Distinctions: VA Compensation vs. Pension

Posted by Gregory M. Rada | August 29, 2023 | Disability Compensation

Introduction Understanding the differences between compensation and pension is crucial for effective representation of claimants before the VA. Both benefits are rooted in disability, but they differ significantly in their criteria and implementation. Table of Contents Comparing VA Compensation and Pension The Impact of Employment on Service-Connected Disability Compensation Income, Estate Value, and Compensation Benefits… read more

Navigating the Termination of TDIU Benefits: What Veterans Need to Know

Posted by Gregory M. Rada | March 16, 2023 | Disability Compensation

Introduction A total disability rating based on individual unemployability (TDIU or IU) enables veterans to meet their basic financial needs when they are unable to work due to service-connected disabilities. There may be situations, however, when the Department of Veterans Affairs (VA) might propose to discontinue entitlement to TDIU benefits. In this blog post, I will… read more

Securing an Earlier Effective Date for TDIU: What You Need to Know

Posted by Gregory M. Rada | March 15, 2023 | Disability Compensation

Introduction: A total disability rating based on individual unemployability (TDIU or IU) is an extremely valuable benefit provided by the Department of Veterans Affairs (VA) to veterans whose service-connected disabilities render them unable to secure and maintain substantially gainful employment. The effective date of TDIU determines the amount of back pay that a veteran receives, and there… read more

PACT Act – New Presumptive Conditions and Agent Orange Exposure Locations

Posted by Gregory M. Rada | August 4, 2022 | Disability Compensation,Legal Update

Congress this week passed the PACT Act, which might be the most significant piece of VA benefits legislation in years. In short, the PACT Act makes it so that the VA presumes certain cancers and respiratory conditions are considered automatically related to service for Gulf War and post-9/11 veterans. The PACT Act also expands the… read more