Veterans Law

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What Are Secondary Service Connected Conditions And How Can Veterans Get Help?

Many times, a Veteran’s service-connected condition leads to a new disability or illness. A classic example of this is when a Veteran’s service-connected left knee condition leads to later problems with the Veterans left hip or right knee. When a new condition was caused by or aggravated by a service-connected condition, that new condition can be service-connected …

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VA Disability Benefits: How Much Back Pay Can I Expect?

Most veterans usually start pursuing disability benefits in the presence of strong economic incentives, such as recently losing a job, when retirement does not pay as much as expected, or when healthcare expenses become too burdensome. The danger in waiting to pursue VA Disability Benefits until it is needed is that you will not start …

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What Evidence should I File in Support of my Claim for VA Disability?

This post will try to briefly explain the two most common and helpful forms of supporting evidence, Lay Evidence and Expert Evidence. When submitting a claim to the Department of Veterans Affairs, it is always highly encouraged that you also submit additional evidence which can support your claim. The problem is that the VA is …

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

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 …

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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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