Even in our great nation, military service is not always as lauded as it should be and Servicemembers and Veterans are not always as sought after as employees as they should be. Fortunately, the United States Congress realized that we do not all act as we should towards these heroes and Congress enacted the Uniformed […]
In order for the Department of Veterans Affairs (VA) to award service-connection for a disability, the Veteran must establish these three elements: A current chronic physical or mental condition; An event or stressor that occurred during Active Duty service; and A link (also known as a ‘nexus’) that connects the chronic condition to the in-service […]
There are many VA benefits a spouse is eligible for, but not everyone is eligible for the designation of “spouse.” While what constitutes a valid marriage is usually left up to the individual 50 states, the VA does have its own interpretations and can add or subtract requirements in certain circumstances. This brief article will […]
By regulation, the VA has a duty to grant “every benefit that can be supported in law.”[1] However, the same regulation also states, in the same sentence, that the VA must also protect the interests of the Government.[2] This competing interest necessitated the courts to continually refine the VA’s duty to maximize a Veteran’s benefits. […]
Because most injuries and illnesses change over time, the Veterans Administration allows Veterans to file for an increase in certain disability ratings. It is important to note that the VA will not automatically adjust a Veteran’s compensation if his or her condition worsens – the Veteran has to actively file for an increase, even if […]
If an illness or injury is caused by VA activities, including VA healthcare, the VA offers an alternative procedure (38 U.S.C. § 1151, hereinafter referred to as “§ 1151”) to the usual remedies under the Federal Tort Claim Act (28 U.S.C. §§ 1346(b), 2671-2680, hereinafter referred to as “FTCA”). This internal procedure mirrors the VA’s […]
So, you just received an appointment for a VA Compensation and Pension (C&P) Examination. Now what? The C&P examination is one of the most important appointments a Veteran should keep when pursuing a claim before the VA. Although it is not the only factor in deciding a claim, this examination assists the VA in evaluating […]
The VA minimizes large legal hurdles in a disability benefit claim by allowing Veterans to reopen closed claims after the VA has issued a final denial. Though most Veterans and veteran service organizations put the primary focus of disability benefit claims upon medical evidence, in the end VA claims are legal procedures. They are specific […]
A teen car accident in North Carolina killed two 17-year-old girls recently. The accident happened on U.S. 64 in Nash County, just east of Spring Hope, according to ABC 11. A vehicle, carrying three teenagers, was struck by an oncoming vehicle that was heading westbound in the eastbound lanes of Highway 64. The backseat teenage […]