Over the years, particularly in DIC cases, I have seen veterans advance the theory that heart disease or high blood pressure were caused or aggravated by service-connected PTSD. Usually, the VA denies these claims based on the idea that psychiatric problems are separate from physical problems. Their theory essentially is, […]
The VA recently published data that reveals an alarming increase in the number of disabilities affecting veterans and an increasing prevalence of post-traumatic stress disorder (“PTSD”). At the same time, trends in the personal lives of the “millennial generation” of veterans may contain clues that explain the higher rates of […]
The VA recently released data that shows projected increases in the demand for VA benefits. Interestingly, it noted that 40 years after the end of the Vietnam War, the population of Vietnam era veterans receiving disability compensation has not yet peaked. So what does this mean for younger veterans? If […]
The VA Is Starting to Go Paperless
The VA recently unveiled its 2016 budget. As a veterans disability lawyer I usually find interesting details hidden within VA’s budget proposals. This year’s proposed budget is no different. Although I am often critical of VA’s ability to expeditiously resolve appeals, I do have to offer commendation where it is […]
On March 24, 2015 the VA implemented new rules pertaining to how veterans file claims and appeals for VA benefits. All new claims or appeals must be processed on standardized forms. The VA claims it will streamline the process. But in reality, VA could not process claims expeditiously under the existing rules so they changed […]
It seems as if a week doesn’t go by without our office receiving a call from a veteran who has an other-than-honorable discharge. As a veterans disability lawyer, I hear the desperation of a veteran in need of his benefits, but VA keeps denying him because of the character of […]
Recent Win Using the Presumption of Soundness
For one disabled Texas veteran a 13-year long legal battle with the VA just came to a successful end. After years of doing battle with VA and enduring the excessive delays at the Houston regional office, service connection was finally granted to our client who suffers from a severe spine […]
ADVERSE DECISIONS FROM THE RO The RO is required to notify the claimant in writing. The law requires the notice to include the reasons for the denial and a summary of the evidence considered, as well as the appellate rights for the claimant. Beginning in 2012, notice procedures changed […]
Not all TDIU claims are created equal. That is, what makes one veteran totally unemployable may not affect another veteran’s ability to work. There are two key factors that you must consider when addressing claims for total disability based on individual unemployability. As a veterans disability lawyer who has won […]
When VA Schedules Unnecessary C&P Exams
It happened twice this week–again. The VA obtained another medical opinion for the express purpose of refuting our medical expert. The VA has engaged in the tactic known as “developing to deny.” This means that VA realizes that it is stuck with your favorable medical evidence unless it can acquire […]