All too often, VA makes terrible decisions that veterans, not knowing any better, fail to appeal. Barring a few exceptions, these decisions then become final after a year. However, one way to overcome this rule of finality is by establishing that VA made a clear and unmistakable error in denying […]
Knee injuries and chronic knee problems are all too common for veterans. The physical stress of military action can lead to knee issues that plague veterans years after their active service. Veterans can experience a traumatic injury to the knee that leads to lasting pain or lost mobility. Alternatively, veterans […]
Range of Motion VA For C&P Exams
Range of Motion (ROM) is defined as the ability of a joint to complete and go through its full spectrum of movement. It is utilized by the VA under 38 CFR 4.71 to rate orthopedic disabilities.1,2 ROM determines the health of a joint and the ability of the muscles around […]
Military Sexual Trauma (MST) is defined by the Department of Veterans Affairs (VA) as experiences of sexual assault or repeated, threatening sexual harassment that is experienced while on active duty for training, active duty, or inactive duty training. This definition comes from Title 38 United States (U.S.) Code 1720D. The […]
What Does Protected Veteran Status Mean?
Protected Veteran Status safeguards qualifying veterans, also known as protected veterans, from discrimination throughout the entire employment process with companies and potential employers. Essentially, it serves as affirmative action for veterans with protected veteran status. What’s the Difference Between a Veteran and a Protected Veteran? If you have completed active […]
PTSD Buddy Letters Examples
In our previous article on PTSD buddy letters, we touched on scenarios where a buddy letter would help with a claim related to non-combat post-traumatic stress disorder (PTSD). In this article, we want to go further and provide a few other examples of non-combat PTSD where a lay statement or […]
One of my paralegals had an interesting experience recently that highlighted an apparent tension between veterans disability lawyers and veterans service officers. I say “apparent” because when you analyze the issue carefully, there really is no conflict. Here’s what happened. My paralegal is involved in a local veterans’ outreach program […]
Veterans who are divorced often ask whether their service-connected VA compensation can be used to satisfy an alimony obligation in State court. The same question is often asked relative to child support as well. Can VA deduct alimony from my VA compensation? The short answer is, yes, under certain circumstances. […]
The VA’s new 2023 veteran disability pay rates go into effect on December 1, 2022. With the 2023 federal cost of living adjustment (COLA) hitting 8.7%, the VA increased veterans’ monthly payment amounts significantly from 2022 rates – the highest increase in over a decade. What are the 2023 VA […]
Heartburn doesn’t seem like it should be a disabling condition, but severe, chronic heartburn can limit daily activities. Many veterans suffer from gastroesophageal reflux disease (GERD), and the symptoms can be significant. GERD can occur due to service-related activities or as a complication of other service-linked disabilities, making you eligible […]