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Category: State Veteran Benefits

What Substantially Gainful Employment Means for TDIU Claims

Posted by Gregory M. Rada | July 24, 2022 | State Veteran Benefits

A claim for a total disability rating based on individual unemployability (TDIU or IU) hinges on whether a service-connected disability or disabilities render a veteran unable to secure or maintain substantially gainful employment. What does substantially gainful employment mean? Understanding Substantially Gainful Employment 38 C.F.R. § 4.16 does not define the term substantially gainful employment,… read more

Who Is Eligible for VA DIC Benefits?

Posted by Gregory M. Rada | July 24, 2022 | State Veteran Benefits

If you are the surviving spouse, surviving child, or surviving parent (as defined by the VA) of a veteran who died due to a service-connected injury or illness, you may qualify for Dependency and Indemnity Compensation (DIC) benefits. You may also qualify if the veteran was totally disabled (100% rating or individual unemployability) for the… read more

What To Do When VA Schedules Unnecessary Reexaminations

Posted by Gregory M. Rada | June 9, 2022 | Disability Compensation,State Veteran Benefits

In 2018, the VA Office of Inspector General (VA OIG) released a report that revealed the VA schedules and conducts unnecessary reexaminations for disabled veterans. The report revealed that the VA would waste an additional $100 million in five years on these unwarranted reexams if left unchecked. So, what should you do when you find… read more

Claims For Increased Disability Ratings

Posted by Gregory M. Rada | June 9, 2022 | Disability Compensation,State Veteran Benefits

Once service connection is in effect for a disability, a veteran can file a claim for increased rating at any time. Once a veteran requests an increased rating, the VA will schedule them for a C&P examination, and after the examination, the VA will issue a rating decision that either increases the rating or continues… read more

Benefits Delivery at Discharge Claims: Here’s What You Should Know

Posted by Gregory M. Rada | June 9, 2022 | Disability Compensation,State Veteran Benefits

The VA established the Benefits Delivery at Discharge (BDD) program to help eligible veterans receive their VA disability compensation benefits as soon as possible after they are released from active duty. In short, the BDD program allows a service member to apply for their VA benefits while they are still on active duty so that… read more

Completing A Military Records Request Form: Here’s What You Should Know

Posted by Gregory M. Rada | April 12, 2022 | Disability Compensation,Legal Update,State Veteran Benefits

Whether you’re retiring, filing a claim for VA benefits, or requesting a discharge upgrade, you will want a copy of your military medical and personnel records. Download and Print the SF-180 Form In order to request a copy of your military records, you need to complete a SF-180 form and mail it to the appropriate… read more

Veterans Exposed to Herbicides Outside of Vietnam: Here’s What To Do

Posted by Gregory M. Rada | April 12, 2022 | Disability Compensation,State Veteran Benefits

Agent Orange was a tactical herbicide the U.S. military primarily used to clear vegetation and leaves for military operations during the Vietnam War. Agent Orange was also used at Thailand military bases during the Vietnam War and in the Korean demilitarized zone (DMZ). The herbicides were also tested and stored elsewhere, including some military bases… read more

The Differences Between VA Disability Compensation Benefits and VA Pension Benefits

Posted by Gregory M. Rada | February 24, 2022 | Disability Compensation,PTSD Benefits,State Veteran Benefits

Although VA disability compensation benefits and VA pension benefits are both a type of monthly payment, that is where the similarities end. In short, VA disability compensation benefits are monthly payments for medical disability’s that are related to active duty, while VA pension benefits are monthly payments made to a veteran when they are unable… read more

What Is The Job Of A VA Lawyer?

Posted by Gregory M. Rada | February 24, 2022 | Disability Compensation,Firm News,Legal Update,PTSD Benefits,State Veteran Benefits

In my opinion, a VA representative’s job is two-fold. First, help the veteran win their appeal for disability compensation benefits by obtaining the evidence needed to win the claim and putting forth persuasive legal arguments. Almost as equally important is to review a veteran’s entire VA claims file to determine if any additional past-due benefits… read more

Evaluating Subjective Symptoms Due To TBI

Posted by Gregory M. Rada | December 29, 2021 | Disability Compensation,Health Benefits,State Veteran Benefits

Traumatic brain injury (TBI) is among the most significant injuries former combat veterans suffer. According to health officials, there has been an uptick in TBI in military service members who served in Afghanistan and Iraq. This is because of the enemy’s use of roadside improvised explosive devices (IEDs). However, not all TBIs  are caused by… read more