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

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

What You Need to Know About Social Security Disability Insurance

Posted by Joseph Whitcomb on Jan 16, 2018 11:24:00 AM

Under the Social Security Act of 1935, Social Security Disability Insurance (SSDI) is a federal program that provides a mechanism for disabled workers to receive monthly benefits. The U.S. Social Security Administration (SSA) administers this program, employing defined criteria to determine whether an applicant qualifies for SSDI benefits.

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Topics: Social Security Law, Veterans Disability Benefits

What is Supplemental Security Income?

Posted by Joseph Whitcomb on Jan 12, 2018 8:48:00 AM

Under the Social Security Act of 1935, Supplemental Security Income (SSI) is a federal program that provides a mechanism for disabled workers to receive monthly benefits. The U.S. Social Security Administration (SSA) administers this program, employing defined criteria to determine whether an applicant qualifies for SSI benefits. These benefits are available to individuals who do not have enough work history to qualify for Social Security Disability Insurance (SSDI).

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Topics: Social Security Law, Veterans Disability Benefits

VA Personality Disorder Disabilities

Posted by Joseph Whitcomb on Jul 24, 2017 4:21:45 PM

 

VA Personality Disorder Disabilities

The Veteran’s Affairs Office diagnoses many veterans with personality disorders (PD). A PD, however, is not a recognized disability by the Veteran’s Affairs Office. In situations where a veteran’s behavior becomes abnormal or erratic, military physicians often diagnose a veteran with a PD so that claims can be denied. In situations involving veterans with personality disorders, it is frequently a wise idea to retain the assistance of legal counsel to help make sure that disability benefits are awarded. 

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Topics: Veterans Disability Benefits

Hearing Loss & Blindness Veterans Benefits

Posted by Joseph Whitcomb on Jul 21, 2017 11:45:48 AM

 

Veterans Benefits for Hearing Loss or Blindness

Hearing loss & blindness are disabilities that deserve compensation through benefits.  A large number of veterans experience hearing loss and tinnitus or ringing in the ears. Other veterans experience vision loss or other eye-related problems. For each of these elements, it is vital for a veteran to establish that a disability is service-connected. To establish a service-connected disability, a veteran must establish that a current hearing or vision condition exists, that there is available evidence of an event in service that caused the condition, and that a medical opinion links the current condition to an event during military service. To make sure that a claim results in the result of disability compensation, attorneys frequently find it essential to retain the experience of seasoned legal counsel.

Disability Benefits for Vision Conditions

 

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Topics: Veterans Disability Benefits

VA Form 21-4138

Posted by Joseph Whitcomb on Jul 20, 2017 4:44:05 PM

 

VA Form 21-4138

If the Veteran’s Affairs Office sends a veteran a request for additional information to support a claim or a more detailed explanation of an element in a person’s claim, the veteran file a Statement in Support of Claim or VA-Form 21-4138. These statements frequently include or describe the evidence that supports a veteran’s claim. While these documents are not required to be a certain length or format, Form 21-4138 is frequently used to explain why certain documentation is missing in a military record or offer a statement from a family member or friend regarding the severity of a veteran’s medical condition. Form 21-4138 can also be used to support claims of eligibility, service-connected conditions, impairment ratings, and the effective dates of disabilities, to point out errors in the Veteran’s Affairs claims process, to disagree with a statement in a Veteran’s Affairs Rating Decision or Statement of a Case, or to update the Veteran’s Affairs Office about a change in dependency status.

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Topics: Veterans Disability Benefits

Decision Review Officer Hearings

Posted by Joseph Whitcomb on Jul 17, 2017 3:45:47 PM

 

Decision Review Officer Hearings

A Decision Review Officer is an employee of the Department of Veterans’ Affairs who review certain types of appeals concerning veterans’ disability benefits. Obtaining a DRO review is much faster than appeal to the Bureau of Veterans Affairs. In handling a decision review officer hearing, however, individuals frequently find it essential to retain the assistance of skilled legal counsel.

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Topics: Veterans Disability Benefits

TDIU Claims

Posted by Ken Enright on Jul 13, 2017 4:20:14 PM

 

TDIU Claims 

Many veterans experience conditions that significantly interfere with work but do not satisfy the Veterans’ Affairs definition of 100 percent disability. In these cases, Total Disability based on Individual Unemployability (TIDU) or Individual Unemployability (IU) claims provide the same types of compensation as 100 percent disability ratings to veterans when a veteran’s disability does not add up to 100 percent. 

 

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Topics: Veterans Disability Benefits, TDIU

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