Month: February 2021

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The Special Rules for Combat Veterans Law Makes It Easier For Combat Vets to File a Claim

In pursuing VA veteran disability benefits, the Special Rules for Combat Veterans Law (38 USC § 1154) provides combat veterans with a much-needed advantage in proving an in-service occurrence or aggravation of illness or injury. The three major elements a veteran must prove is (1) a current condition, (2) an in-service occurrence or aggravation of …

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What to Do when the VA Argues that a Condition Preexisted Service

The Presumption of Sound Condition is a powerful doctrine when used appropriately.  It can force the VA to accept that the Veteran entered military service in sound condition and is only rebuttable by Clear and Unmistakable Evidence – a high threshold to pass. 38 U.S.C. § 1111 states: For the purposes of section 1110 of …

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Getting a Higher Rating Percentage than What Is in the Schedule for Rating Disabilities

Sometimes a Veteran may be entitled to a higher disability rating than is contemplated in the Schedule for Rating Disabilities when the VA’s schedule does not contemplate the level of symptoms or disability that the Veteran presents. The VA’s Schedule for Rating Disabilities (hereinafter referred to as “Schedule”) is found in 38 C.F.R. Part 4, …

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How Secure are your VA Disability Benefits?

VA Disability Benefits are reserved for ill or injured veterans who served our great nation.  Because of veterans’ sacrifices, special laws and rules give veteran disability benefits certain extra protections that other compensation programs do not enjoy. VA disability benefits are like no other compensation program in the United States.  Although they share some similarities …

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When Can The VA Consider The Positive Effects of Current Medication When Determining a Veterans Disability Rating?

A VA disability rater cannot consider the positive effects of current medication when rating a disability if the applicable diagnostic code is silent with respect to medication. However, this can be reversed by the VA amending the Federal Code. During the rating decision, the VA looks at the current level of disability claimed and applies …

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