By regulation, the VA has a duty to grant “every benefit that can be supported in law.” However, the same regulation also states, in the same sentence, that the VA must also protect the interests of the Government. 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 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 […]
The North Carolina Highway Patrol reports that it investigated more alcohol-related car accidents in Asheville and elsewhere in Buncombe County over the last year. The number of these accidents has shown a significant increase from 2010 to 2011, in spite of the statewide reduction, according to the Citizen-Times. Alcohol-related accidents in Buncombe saw an 18 […]