Disability Law Firm

How to Reopen a Previously Denied Claim

Posted by Ken Enright on Apr 16, 2018 11:03:05 AM

Some veterans are unaware that they may reopen a disability compensation claim that has been denied by the Department of Veteran Affairs. In this blog post, I will explain to you what you need to reopen a previously denied claim.

What is the Difference Between a New Claim and a Reopened Claim?

At the outset, it is important to understand the difference between a new claim and a reopened claim. Generally, a new claim is one that has never been filed with the VA before. There are some special exceptions, such as claims for an increased disability evaluation, special monthly compensation, and a claim for total disability based on individual unemployability. However, a majority of claims will either fall under new or reopened status, depending on whether a decision has become final.

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Topics: Veterans Disability Benefits, VA benefits, Service Connection, Veteran, Reopen Disability Claim

Is Your Disability Entitled to Secondary Service Connection?

Posted by Ken Enright on Mar 24, 2018 12:33:58 PM

Many veterans know that they are entitled to service connection for disabilities due to injuries incurred while they were in service. What some jetcityimage / 123RF Stock Photo" width="300" height="199.71428571428572" style="width: 300px; float: right; margin: 0px 10px 10px 0px;">may not know, is that it’s possible to receive service connection for additional disabilities that are either caused or proximately due to their service connected disabilities.

The important thing to remember is that VA disability compensation is a monthly payment designed to compensate veterans for any impairment in earning capacity. Thus, any additional conditions resulting from your service connected disabilities or treatment will also be compensated.

What is Secondary Service Connection?

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Topics: Veterans Disability Benefits, VA benefits, Service Connection, Secondary Service Connection

Cost of Living Adjustment for Service-Connected VA Benefits

Posted by Dan McAuliffe on Mar 24, 2018 12:24:30 PM

On February 15, the VA published a COLA adjustment notice in the Federal Register. The VA is required to notify Veterans of COLA chrisdorney / 123RF Stock Photo" width="300" height="200.57142857142858" style="width: 300px; float: right; margin: 0px 10px 10px 0px;">adjustments by the Veterans’ Compensation Cost-of-Living Adjustment Act of 2017, P.L. 115–75. The law requires an increase in rates when the Social Security Administration increases benefit amounts payable under title II of the Social Security Act. The Social Security Administration announced a two-percent cost-of-living increase in benefits for 2018. The following rates for VA’s compensation program became effective on December 1, 2017:

Disability Percentage: Monthly Disability Compensation

10 .......................................... $136.24

20 .......................................... 269.30

30 .......................................... 417.15

40 .......................................... 600.90

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Topics: Social Security Law, Estate Planning, VA benefits

Getting a Higher Schedular Rating for Your VA Benefits

Posted by Ken Enright on Mar 17, 2018 11:00:19 AM

In a recent decision, King v. Shulkin, the Court of Appeals for Veterans Claims (CAVC) ruled that the Board of Veterans Claims (Board) cannot deny a veteran an extraschedular rating simply because there are higher schedular ratings available for more severe symptoms.

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Topics: Veterans Disability Benefits, VA benefits, Schedular Rating, Service Connection, Veteran, Extra Schedular Rating

VA’s Rapid Appeals Modernization (RAMP) Program

Posted by Ken Enright on Feb 1, 2018 8:27:05 PM

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Should you participate in the Department of Veterans Affairs’ new Rapid Appeals Modernization  Program (RAMP)?VA Ramp program

In August 2017, the President signed into law, a new decision review process that proposes to provide a more “streamlined” review of VA disability claim decisions. The VA has recently began sending out selected veterans invitations to participate in the new Rapid Appeals Modernization Program (RAMP) program.

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Topics: VA benefits

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