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Can You Receive VA Benefits While Incarcerated?

person holding onto jail cell bars

The fact that a Veteran may have broken the law since he or she has left the military does not take away the fact that that Veteran has served our Country with honor.  However, the fact that the Veteran ended up incarcerated does mean that the federal, state, or municipal government will be footing the …

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

veteran saluting at sunset

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

two people comforting solider

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

ratings sign pointing up

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?

solider in wheel chair

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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Pools and Trampolines Mean Summertime Fun – and Injuries

pool and trampoline in backyard

When children are out of school for the summer and look to have fun in pools and on trampolines, they see fun, not danger. Many parents, too, don’t realize the hidden dangers that trampolines and pools present to children. However, the statistics do not lie. A study conducted by the Indiana University School of Medicine …

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Why Can’t You Talk About Insurance in a Trial?

gavel on table

I handed the document to my client while the jury watched us. I asked my client, “Can you tell me what this document is?” He answered honestly, “It’s the property damage estimate… prepared by State Farm”.  I knew what was coming, and I slumped. Defense counsel stood up and asked the judge, “Can I take …

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

person pouring pills into hand

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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When A Green Light Is Not a Command to GO

green street light

If you are turning left, the signal light on the left is really the same as the sign on the right. I know that seems like an obvious statement. Most people don’t need a lawyer’s advice for Driver’s Education 101, but I thought this was worth talking about. In my work as a motor vehicle …

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Do Seat Belts Make a Difference? Yes, say the Statistics

person buckling seatbelt

It is well understood that wearing a seat belt is the best step you can take to protect yourself in case of a car accident. North Carolina requires all passengers age 16 and older to wear seat belts and addresses children less than age 16 with the NC child passenger safety law. South Carolina requires …

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