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When Being Bad Can Cost You Your Benefits: Willful Misconduct under the VA

solider holding chain link fence

Most disabilities stemming from injuries or illnesses accrued or aggravated while in military service are compensable under the VA’s disability compensation benefits scheme.  A notable exception is when the illness or injury stemmed from the service member’s willful misconduct. What the Law Says The United States Code states that “no compensation shall be paid if […]

NC and SC Cited as ‘High Risk’ for Deer Collisions

deer on the Street

A new report released by State Farm Insurance has found that both North Carolina and South Carolina are “high risk” states for deer accidents. South Carolina ranks 12th in the country, with 1 in 93 drivers filing a deer damage claim each year. North Carolina is close behind, with one annual deer damage claim for […]

Tips to Stay Safe When Hiking and Visiting Waterfalls This Summer

Autumn at Elk Falls River North Carolina

Hiking and exploring waterfalls are great ways to see nature, explore, and get some exercise. Enjoying the great outdoors can come with specific risks though. In Western North Carolina and Upstate South Carolina, including popular sites like Table Rock State Park and DuPont State Forest, hikers have suffered serious, and sometimes fatal, injuries in recent […]

Protecting Aging Loved Ones From Exploitation and Abuse by a Caregiver or Relative

old womans hands

For most of us, the idea of someone – and especially a relative – taking advantage of the elderly is unthinkable. The tragic truth is that elder abuse is widespread, and the majority of abusers are family members, according to Aging.com. One all-too-common type of elder abuse comes in the form of financial exploitation. A […]

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 […]

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 […]

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 […]

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, […]

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 […]

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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