In a previous blog posting I discussed evidence in veterans cases, including a feature unique to this system, the rule that if evidence is approximately balanced on any given point, the veteran claimant is supposed to be given the benefit of the doubt. In actual practice this favorable rule is not applied because VA determines […]
FAQ’s
In a previous blog posting I discussed evidence in general and the benefit-of-the-doubt rule. I also mentioned the three essential facts that must be proven in a service-connection claim: that there was an injury or first manifestation of disease in service, there is a current disability, and the disability is causally related to the event […]
Many veterans pursuing a claim for VA benefits have already been granted Social Security Benefits or are pursuing Social Security benefits for the same disability. A common belief among veterans is that VA should make the same conclusions and/or decision as the Social Security Administration (“SSA”). For instance, many veterans believe that because SSA found […]
“Evidence” is a subject law students devote considerable effort in studying, and it can present complexities even to the best legal minds. But it is quite possible and useful to understand the basic concepts as they relate to the veterans claims system, which is in some ways unique in this regard. You will have a […]
One of the most common complaints we hear is that it appears that VA took away part of a veteran’s service connected disability compensation benefits when it granted an award. That is VA awarded an increased disability rating, but the overall compensation did not change, or the disability ratings assigned, do not “add up” correctly. So […]
We frequently hear complaints from our clients that VA is taking a long time to render a decision on a claim for VA benefits. Given the enormous backlog and understaffing from which VA suffers, this is to be expected. In fact, delay is inherent in the VA system. After a claim is filed, VA must […]
PTSD is a psychiatric condition where a traumatic event occurs (called a “stressor”), and later (sometimes many years later), the veteran experiences symptoms related to that event. These symptoms can include nightmares, flashbacks, guilty feelings, an increased startle response, social isolation, and difficulty with authority figures, to name a few. Normally, when a veteran seeks […]
