Articles & Posts | Eric Gang Esq.

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Jan

2023

VA Supplemental Claim

Every veteran should be aware of the changes implemented by the Appeals Modernization Act, or AMA for short. Passed into law in 2017, the AMA enhances and amends the process of appeals for military veterans and their loved ones. The AMA provides those who served their nation with a new and...

Veterans Disability & VA Claims Appeals Info

Jan
20
2023
A Veteran’s Guide to VA Disability for Knee Replacement
Knee injuries and chronic knee problems are all too common for veterans. The physical stress of military action can lead to knee issues that plague veterans years after their active service. Veterans can experience a traumatic injury to the knee that leads to lasting pain or lost...
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Jan
17
2023
Range of Motion VA For C&P Exams
Range of Motion (ROM) is defined as the ability of a joint to complete and go through its full spectrum of movement. It is utilized by the VA under 38 CFR 4.71 to rate orthopedic disabilities.1,2 ROM determines the health of a joint and the ability of the muscles around the joint to...
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Jan
13
2023
How to Get 100% for Military Sexual Trauma
Military Sexual Trauma (MST) is defined by the Department of Veterans Affairs (VA) as experiences of sexual assault or repeated, threatening sexual harassment that is experienced while on active duty for training, active duty, or inactive duty training. This definition comes from Title...
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Jan
10
2023
What Does Protected Veteran Status Mean?
Protected Veteran Status safeguards qualifying veterans, also known as protected veterans, from discrimination throughout the entire employment process with companies and potential employers. Essentially, it serves as affirmative action for veterans with protected veteran status....
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Dec
21
2022
Service Organization Versus Lawyer Representation: Who Do You Choose To Represent You?
One of my paralegals had an interesting experience recently that highlighted an apparent tension between veterans disability lawyers and veterans service officers. I say “apparent” because when you analyze the issue carefully, there really is no conflict. Here’s what...
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Dec
19
2022
VA Can Withhold Disability Compensation to Pay Alimony?
Veterans who are divorced often ask whether their service-connected VA compensation can be used to satisfy an alimony obligation in State court. The same question is often asked relative to child support as well. Can VA deduct alimony from my VA compensation? The short answer is, yes,...
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Dec

2022

How to Calculate Your 2023 Monthly VA Disability Payments

The VA’s new 2023 veteran disability pay rates go into effect on December 1, 2022. With the 2023 federal cost of living adjustment (COLA) hitting 8.7%, the VA increased veterans’ monthly payment amounts significantly from 2022 rates – the highest increase in over a...

Dec

2022

What Veterans Need to Know About GERD VA Disability Rating

Heartburn doesn’t seem like it should be a disabling condition, but severe, chronic heartburn can limit daily activities. Many veterans suffer from gastroesophageal reflux disease (GERD), and the symptoms can be significant. GERD can occur due to service-related activities or as a...

Dec

2022

What Are Extraschedular TDIU VA Benefits?

US veterans with service-connected health conditions that impair their ability to maintain substantially gainful employment may qualify for total disability benefits based on individual unemployability (TDIU). Not including special monthly compensation, TDIU benefits are the highest level...

Dec

2022

What is a TBI?

TBI is short for traumatic brain injury that occurs from sudden trauma, causing damage to the brain. TBI can occur when your head suddenly and violently hits an object or when an object penetrates the skull and enters your brain tissue. The definition of TBI covers its general causes....

Dec

2022

2023 VA Disability Pay Rates and Schedule

On December 1, the Department of Veteran’s Affairs published the 2023 VA pay rates and disability payment schedule. Veterans who have been injured or developed a health condition due to military service may be eligible for monthly VA disability payments. This article will cover...

Dec

2022

About DIC Benefits: A Guide to How to Win DIC Benefits

Dependents and Indemnity Compensation (DIC) is available to certain relatives of veterans who either (a) die of conditions sustained (or aggravated) during active duty, or (b) are, by law, deemed as though they had died as a result of a service-related condition. For purposes of DIC,...

Dec

2022

Top 8 Mistakes in TDIU Claims

U.S. military veterans with service-connected health conditions can find it challenging to secure and maintain substantially gainful employment. These veterans have a right to collect Department of Veterans Affairs (VA) benefits at the 100% disability rate. The highest VA benefits...

Nov

2022

What Veterans Need to Know About Neck Range of Motion

Neck range of motion (ROM) entails how flexible your neck is in each of the directions it was designed made to move in.1 This is relevant to disabled veterans who are seeking a VA disability compensation rating for a neck disability. The VA largely bases the ratings for a neck disability...

Nov

2022

What Veterans Need to Know About Osteoarthritis?

Osteoarthritis (OA) is a degenerative joint disease. With OA, the tissues in the joint break down over time or have an alteration in their structure. OA is the most common type of arthritis, the inflammation of joints. It is often referred to as “wear and tear” arthritis. This...

Nov

2022

What is the VA’s Higher-Level Review Decision Phase?

The VA denies a significant number of disability claims when they are reviewed during the initial claim process. This is frustrating and disappointing for veterans hoping to get the benefits they deserve. Fortunately, the VA has several options for appealing a denied claim. The most...

Nov

2022

What is a VA Fully Developed Claim?

When you file a disability claim with the VA, you can choose from two options. The first option is a standard claim, where the VA helps you collect the records and documents that make up your claim. The other option is a fully developed claim, where you compile all the supporting...

Nov

2022

What Is a “Grunt” in the Military and Why Do We Appreciate Them?

Who would want to be called a “grunt”? The name probably sounds crude or derogatory to most people. But not to us. We appreciate the military grunts who’ve fought for us, been wounded for us, and have kept this country free. We know the sacrifices grunts have made over...

Nov

2022

What Veterans Need to Know About VA Rating for Hiatal Hernia

Not all military-linked health conditions are the obvious results of injuries. Sometimes, the physical strain of military service leads to health conditions like hiatal hernias. A hiatal hernia occurs when your stomach pushes past your diaphragm and into your chest cavity. The result can...

Nov

2022

3 Reasons the VA Denies TDIU Claims

Veterans with service-connected disabilities are often unable to work. Most of these veterans also lack a 100 percent scheduler rating. The Department of Veterans Affairs (VA) expects these veterans to live on disability checks of less than 100 percent without any means to supplement...

Oct

2022

What Is Carpal Tunnel? Key Facts for Veterans

Veterans often develop carpal tunnel syndrome because of military service. Carpal tunnel syndrome (CTS) occurs when the median nerve becomes pressed or squeezed at the wrist. The median nerve runs from the forearm into the palm. The carpal tunnel is a narrow, rigid passageway comprised...

Oct

2022

VA Disability for Flat Feet: The Essentials Facts About a VA Rating

If you are a veteran dealing with problems due to flat feet from your military service, you may be eligible for VA disability benefits. To qualify for benefits, you must show that your condition is disabling and connected to your military service. There are three main ways to get a...

Oct

2022

What is the Poverty Threshold and How Does it Relate to TDIU?

If you are a veteran who receives disability benefits under a Total Disability Individual Unemployability (TDIU) rating, you are limited in the amount of paid work you are allowed to do. The TDIU rating is an affirmation that your disability prevents you from maintaining gainful...

Oct

2022

What is Spatial Disorientation PTSD?

The long-term effects of service-related injuries can take unexpected forms. Some veterans experience disabling symptoms that make up a condition called spatial disorientation. Spatial disorientation causes vertigo, clumsiness, confusion, and tinnitus. It can severely limit daily...

Oct

2022

What Is VA Form 21-0788?

Under the U.S. Department of Veterans Affairs, VA Form 21-0788 is an application form used by spouses, dependents or dependent parents of a veteran to receive all or some of that veteran’s disability compensation. A veteran’s surviving spouse may also apply with VA Form...

Oct

2022

A Veteran’s Guide to a Burn Pit VA Disability Rating

In 2022, President Biden enacted the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxins Act (PACT Act). This new law expands VA compensation for veterans, family members, and caregivers who have developed an illness due to exposure to burn pit...

Sep

2022

Can a Single Concussion Cause Lasting Brain Damage?

When evaluating whether to grant veterans disability benefits for a traumatic brain injury (TBI), VA examiners tend to operate under the assumption that there is a direct correlation between how long the veteran was unconscious after their injury and the severity of the TBI. In reality,...

Sep

2022

Is Osteoporosis a Disability?

Veterans are often at high risk for developing osteoporosis due to their lifestyles and health issues connected with military service. If you are a veteran with osteoporosis, you may be eligible for VA benefits if your condition is linked to your military service. What Is...

Sep

2022

Asthma VA Rating

Asthma is a chronic inflammatory disease of the airways that leads to recurrent episodes of wheezing, breathlessness, chest tightness, and coughing. It is caused by environmental factors, such as allergens and smoke, and by genetic factors. Some Veterans often experience asthma...

Sep

2022

TMJ and PTSD

TMJ and PTSD have been shown to have a strong link between each other. The TMJ joint can become and remain overactive due to the effects of PTSD on the human body. Temporomandibular Joint (TMJ) Your temporomandibular joint (TMJ) is a hinge joint. It connects your jaw to the temporal...

Sep

2022

How to Win VA Benefits for Obesity

In August 2021, the U.S. Federal Circuit Court of Appeals held that veterans may claim obesity as a service connected disability for VA benefits, as long as the obesity impairs the veteran’s earning capacity. In the landmark Larson v. McDonough decision, the Court held that a...

Sep

2022

VA Flat Foot Rating

Military service can lead to many types of bone and ligament damage. Significant injuries from training or combat are a common source of chronic disability for veterans. Even without significant injuries, the strain of physical work puts pressure on the body, which leads to a risk of...

Sep

2022

What is Circumlocutory Speech in Disabled Veterans

As a veteran, have you ever found yourself drifting off-topic or using too many words to describe a situation? Have friends or family mentioned you spend a long time getting to the point? If yes, you might be experiencing circumlocutory speech, a unique but common speech-based disorder...

Aug

2022

Grossly Inappropriate Behavior and Disabled Veterans

Veterans and their families sacrifice so much for our country, so what happens when a loved one returns home with a severe mental disability? After years of service, it’s frustrating and disappointing to develop a severe disorder due to military service that prevents you from living...

Aug

2022

Flattened Affect in Disabled Veterans

Military service can lead to both mental and physical health conditions that linger for years. Many veterans have personality changes and mental health conditions that arise after service. Other veterans experience traumatic brain injuries that impact their personalities and mood....

Aug

2022

Occipital Neuralgia Disability: What Veterans Need to Know

Occipital Neuralgia is a type of headache in which pain is associated with areas that are supplied by the greater and lesser occipital nerves. These nerves run from the head region where the spinal column meets the neck up to the scalp (at the back of the head). What Causes Occipital...

Aug

2022

The Neck's Normal Range Of Motion

Pain, stiffness, and limited range of motion are common neck disabilities that affect veterans. The neck is also known as the cervical spine. Many neck-related disabilities are rated using the VA’s general rating formula for diseases and injuries of the spine. Veterans with neck...

Aug

2022

What Veterans Need to Know About Spinal Stenosis Disability Rating

Back pain is one of the leading health problems that veterans face. The nature of military service creates wear and tear on the muscles and bones of the back and spine, leading to chronic conditions later in life. Some back problems caused by service-related activities may not appear...

Aug

2022

What is a Supplemental Statement of the Case (SSOC): The Basics of an SSOC

A Supplemental Statement of the Case (SSOC) is a document sent to you by your VA regional office that represents a revision or update to the Statement of the Case (SOC). It is important to understand that the SSOC and SOC are VA adjudication documents only applicable in the older VA...

Jul

2022

Allergic Rhinitis VA Rating: How to Obtain Service Connection

Veterans Affairs (VA) provides ratings for allergic rhinitis. A service-connected disability is a medical condition that was caused or made worse by your military service. VA rates disabilities from 0% to 100%, with 100% being the most severe. You may be entitled to compensation and...

Jul

2022

VA Disability for Arthritis

Arthritis is a common condition that can cause pain and difficulty moving. If you are able to connect your arthritis with your military service, you may be able to receive disability benefits for arthritis. The VA will consider the severity of your arthritis, its effects on your daily...

Jul

2022

VA Chronic Fatigue Syndrome Rating: A Veterans’ Guide

According to a 2021 study in Brain Sciences, as many as 200,000 Gulf War veterans show symptoms of Gulf War Illness. The study showed that Gulf War veterans demonstrate higher rates of memory problems, fatigue, chronic pain, and gastrointestinal problems than the population at large....

Jul

2022

PTSD and TBI Combined

Veterans, especially those who served in combat, often find they have lingering effects from the mental and physical effects of service. Brain injuries and emotional trauma both have an impact on veterans' health for years after their time in the military. The CDC estimates that more...

Jul

2022

What Every Veteran Needs to Know About PTSD and Memory Loss

Memory loss is a common symptom of PTSD that can severely affect your quality of life. If you are a veteran applying for benefits from the VA, highlighting the memory loss may result in a higher rating. Read on to learn more about the link between PTSD and memory loss and what you can...

Jul

2022

The Rising Problem of FSAD in Veterans: Female Sexual Arousal Disorder

Trigger Warning: This article discusses sexual trauma. If you have experienced sexual trauma and need assistance, you can call the National Sexual Assault Hotline at 800.656.HOPE (4673). A trained staff member will offer your confidential support. Military service can lead to...

Jul

2022

A Veteran’s Guide to Shrapnel Wounds

Shrapnel wounds in veterans can lead to related physical and psychological health problems. Many veterans with shrapnel wounds are eligible to receive benefits from the VA. Understanding how the VA rates shrapnel wounds can help veterans and their families ensure they receive a fair...

Jul

2022

VA Benefits for Lower Back Pain: Secondary Conditions in Veterans

Back pain is the most common cause of chronic pain among adults. Nearly a quarter of adults will have episodes of back pain at some point. Many times, back pain becomes an ongoing part of their lives. For veterans, back pain is a leading cause of disability. Back issues can begin with...

Jun

2022

How to Get VA to Grant a Spinal Fusion Disability Rating

Back pain disability claims are common among veterans. Traumatic injury or wear and tear on the spine during military service can cause chronic back pain, often leaving veterans with limited mobility, ongoing pain, and an inability to work. The VA recognizes back pain as a...

Jun

2022

VA Adds 9 Cancers to Burn Pit Exposure Presumptive List

The Department of Veterans Affairs (VA) has announced it will automatically presume service connection for Gulf War, Iraq War, and Afghanistan War veterans diagnosed with nine rare cancers. The announcement comes after the VA found evidence associating these cancers with burn pit smoke...

Jun

2022

The 9 Most Common VA Forms and Tips on Using Them

Every veteran who has filed a claim for VA benefits knows about the dizzying battery of VA forms. There are hundreds of VA forms available. Does it matter what you write in VA form 21-4138? Is VA form 21-0996 even necessary? Should you fill out VA form 21-0781 or 21-0781a? Knowing...

Jun

2022

The Essentials on VA Disability Ratings for Bulging Disc

Back pain is a common problem for veterans. The strain of military service can lead to wear and tear on the spine, not to mention the risk of traumatic injuries in training or combat. Many veterans experience chronic or worsening pain after they leave active duty. Degenerative disc...

Jun

2022

What is The Physical Evaluation Board Liaison Officer (PEBLO)

A PEBLO (Physical Evaluation Board Liaison Officer) is assigned to any service member who is diagnosed with a medical condition and referred to IDES (the Integrated Disability Evaluation System). Throughout the DoD Disability Process, the PEBLO serves as the primary point of contact for...

Jun

2022

New Bill Paves the Way for Veteran Lawsuits Over Camp Lejeune Toxic Water Exposure

As part of the aptly named ‘Honoring Our PACT Act,’ the Camp Lejeune Justice Act of 2022 will allow veterans and families exposed to toxic water at Camp Lejeune to file lawsuits in federal court for compensation. Between 1953 to 1987, over one million people, including...

Jun

2022

Protected VA Disability Ratings: When Can VA Reduce My Rating?

Great! You received a 70% disability rating from the VA. But does your rating last forever? What if your disability improves over time with treatment or therapy? Can the VA reduce your disability rating? Not always. When a veteran’s service-connected medical diagnosis improves,...

Jun

2022

Range of Motion for the Shoulder: What Every Disabled Veteran Should Know

Many veterans leave the service with shoulder problems. Strain and disabilities to the shoulders are common during deployment, training, and combat. Not being able to use your shoulder can affect your ability to work and limit daily life. For example, you may not be able to safely drive,...

Jun

2022

How To Prove Military Service Aggravated Your Pre-Existing Medical Condition

Many veterans are denied VA service connection for medical conditions that existed prior to service. The acronym EPTS means “existed prior to service” and is EPTS is used as a reason to deny a VA claim for disability compensation. Your disability claim rejection may say...

Jun

2022

How to Obtain The VA Main Phone Number

The Department of Veterans Affairs (VA) provides a number of services to Veterans and their families. This includes healthcare, pensions, education benefits, and home loans. The VA also operates a telephone helpline for Veterans and their families. The main VA phone number is...

May

2022

About the Georgia VA

The Georgia VA is a state-run Veterans affairs organization that provides benefits and services to military Veterans and their families. The Georgia VA operates a number of different programs, including healthcare, education, and employment assistance. The Georgia VA also offers a wide...

May

2022

Who’s Who in Veteran’s Organizations: Melissa Bryant

This series of articles addresses various notable figures in veterans organizations. At the time of the publication of this article, Melissa Bryant is the Chief Policy Officer of IAVA, which is an advocacy organization for Iraq and Afghanistan Veterans. The goal of IAVA is to provide...

May

2022

What Every Veteran Needs to Know About Sheltered Employment

If a veteran’s service-connected disability prevents gainful employment, then the veteran may be entitled to a total disability rating based on individual unemployability (TDIU) under certain circumstances. Specifically, the U.S. Department of Veterans Affairs will look to see if...

May

2022

The Essential Facts About the Statement of the Case (SOC)

A Statement of the Case is an explanation given by the VA of the decision made on a Veterans case. The SOC is sent to a Veteran who had previously filed a Notice of Disagreement (NOD) on an earlier VA decision. The SOC applies to legacy cases only. The Statement of the Case (SOC) is...

May

2022

Top Facts About the VA Clothing Allowance

The VA refers to a few perks as "Special Claims," and Clothing Allowance is one of these special claims. As with other "Special Claims," determining whether you are entitled and how to apply for these benefits may be difficult to ascertain. But we’ll clarify that for you in this...

May

2022

The 4 Things You Need to Know About Temporary Disability Retired List (TDRL)

Temporary Disability Retired (TDR) service members are those who have a medical condition that is not yet stable enough to receive a permanent rating under the provisions of 10 U.S. Code § 1202 and § 1205. "Temporary" does not imply that the condition will go away, but instead...

Jan

2022

How to Calculate Your VA Monthly Disability Payment Amounts: 2022 Edition

Click here for our 2023 overview on how to calculate your VA monthly disability payment amounts. On December 1, 2021, the new veterans disability rates for 2022 went into effect. The Department of Veterans Affairs (VA) updates veterans’ disability compensation rates at the end...

Feb

2018

In-Service Sarcoidosis and Service Connection for a Psychiatric Disorder

I recently developed a new strategy in my never-ending quest to obtain service connection for veterans suffering from severe psychiatric disabilities. In many cases there's no evidence of in-service psychiatric problems and the diagnosis of a psychiatric disability occurs many years...

Feb

2018

PTSD and Its Association with Auto Immune Disorders

I have long been interested in the association between mental disorders and various physical health problems. I've written extensively in the past on the issue of obesity and its correlation with people that suffer from PTSD. I've also seen research associating PTSD with lower rates...

Oct

2017

VA Hospital Whistleblower Claims Double Since Phoenix Scandal

More and more VA hospital employees are blowing the whistle on poor patient care and falsified data, so much so that Special Counsel Carolyn Lerner has requested a 2018 budget increase of $2.4 million to process the flood of complaints, according to a recent article in The Boston Globe....

Sep

2017

Tubing Left Inside Veteran's Leg and Resulting Amputation Shed Light on Memphis VA Malpractice

A diabetic veteran who checked into the Memphis VA Medical Center seeking an assessment of damage and possible repair of blood vessels in one of his legs went back home with a piece of plastic tubing dangerously lodged in a critical artery. As a result of the malpractice, the veteran...

Sep

2017

Trump Signs VA Appeals Reform Legislation

During the 99th American Legion National Convention in Reno, President Trump signed the Veterans Appeals Improvement and Modernization Act of 2017. This comes as a fulfillment of Trump’s campaign promises to reform the “broken” VA system. The idea behind the...

Aug

2017

Whistleblower Exposes Fraudulent Defense Contracts, ADS Reaches Settlement and Will Pay $16 Million

ADS Inc. will pay $16 million to settle False Claims allegations that it fraudulently obtained government contracts through a scheme that included using undeclared affiliates to bid for contracts set aside for small businesses. The recovery represents one of the largest settlements...

Aug

2017

Phoenix VA Whistleblower Rodriguez Slams Doctors for Aiding Deadly Wait Times

Chief of Specialty Care Clinics and Scheduling Operations at the Phoenix VA Health Care System and former Army infantry officer, Cuauhtemoc Rodriguez, has again filed a whistleblower complaint with the Office of the Inspector General (OIG) against the Phoenix VA system claiming VA doctors...

Aug

2017

VA Agent Orange Presumptive Diseases List Update

Vietnam veterans are losing patience waiting for VA compensation for Agent Orange associated diseases. And if VA decision-makers are listening to the likes of federal official Jim Samspel, many veterans wonder whether their conditions will ever make the Agent Orange presumptive diseases...

Jul

2017

How Vietnam Veterans Win VA Disability Compensation Benefits for Agent Orange Exposure

Veterans exposed to Agent Orange in Vietnam have put up a long hard fight trying to get the VA disability benefits they deserve. An estimated 2.4 million U.S. service members were exposed to some level of Agent Orange in Vietnam between 1962 and 1971. The U.S. Department of Veterans...

Jun

2017

Fraudsters Charged with Cheating Service Disabled Veteran’s Out of $11M in Set-Aside Small Business Contracts

Under the Veterans Benefits Act of 2003, service-disabled veterans who own small businesses get preference for government set-aside contracts. This service-disabled veteran-owned small business (SDVOSB) program helps veterans compete among other small businesses in the community as a...

Jun

2017

VA Deliberately Hiding Unacceptable Patient Wait Times

Our nation vows to take care of its veterans, but VA hospitals continue to delay patient care appointments, in some cases long enough to result in death. Now, Iowa Republican Senator Chuck Grassley says the Department of Veterans Affairs is trying to hide just how bad the wait times are....

Jun

2017

Report Confirms Wrongful Separation of Military Personnel for Misconduct when it was Really Underlying Mental Illness

A recent article in the Washington Post, "Thousands of U.S. Troops Suffering from Trauma Were Separated from the Military for Misconduct, Report Finds", has confirmed what we have seen in practice for a number of years now. Veterans begin to suffer the problems associated with...

May

2017

VA Skimps On Mental Health Budget despite OTH Discharge Expansion

Despite deficiencies in the Department of Veteran’s Affairs recent budget proposal, Veterans Affairs Secretary David Shulkin announced he will continue to focus efforts on a new program that will expand VA mental health care to former service members with less than honorable...

May

2017

VA Medical Malpractice Risk HIGH at Washington DC VA Hospital

Veterans who work to serve and protect our nation’s citizens deserve the highest quality medical care. Unfortunately, VA hospitals are often short-staffed and overwhelmed. Overworked physicians with less-than-optimal medical equipment and supplies may offer negligent care, or worse,...

Apr

2017

Obtaining Service Connection for Heart Disabilities Secondary to Psychiatric Conditions

We recently won service connection for a veteran’s myocardial infarction secondary to a service connected psychiatric disability. This veteran’s psychiatric disability was different than the typical PTSD scenario that we often face in this office. This veteran had a...

Apr

2017

VA Finalizes Rules to Deal with the Contaminated Water at Camp Lejuene

Veterans who are exposed to the contaminated water at the Marine Corps base at Camp Lejeune over a 35-year period can now apply for veterans’ disability compensation using new rules that were just recently finalized. This change in approach with these cases is expected to affect as...

Apr

2017

Entitlement to Service Connection for PTSD Granted After 42 Years

In April 1975 U.S. Forces participated in Operations Eagle Pull and Frequent Wind. These operations were designed to help evacuate Saigon and Cambodia. Our client, Larry, participated in these evacuations and he experienced the fright that comes from fear of impending hostile attack. ...

Mar

2017

Whistleblower Wins $857K Cash For Exposing Hayner Hoyt SDVOSB Fraud

Are you an employee of a service-disabled veteran-owned small business who suspects fraud against the government set-aside contract program? Whistleblower John Rubar recently won $857,000 for reporting allegations that New York-based construction company, Hayner Hoyt, fraudulently...

Jan

2017

Why VA Needs to Prioritize Claims for Mental Disabilities

I wish I could say it was the first time this has ever happened. But it’s not. More times that I would like to admit we’ve received phone calls from family members of veterans who have committed suicide due to the stress and mental disorders they are experiencing. The...

Nov

2016

River Fish Consumed in Vietnam Linked to Deadly Cancer: VA Disability Benefits?

In the past 15 years, 700 veterans were diagnosed with a rare form of cancer called cholangiocarcinoma. Common in Southeast Asia, this bile duct cancer is caused by parasites present in river fish, which is often consumed raw in Vietnamese cuisine. In the US, except for the recent...

Nov

2016

Veteran Wins 100% Compensation for a Delusional Disorder Based on the Movie Apocalypse Now

As a veterans’ disability attorney we are often confronted with a myriad of circumstances that give rise to claims for compensation in the veterans’ disability arena. The following story is a true story taken from our case files. We just received word of a victory for a...

Nov

2016

Hope for Toxicity Victims around the Navy’s Vieques Island Bio Weapons Site?

Fighting for veterans’ rights is seldom easy. Sometimes, the fight can take many years, and nothing compares to that moment when an honorable serviceman or woman receives the benefits they are rightfully entitled to. The system is far from perfect, and for my client, Hermogenes...

Nov

2016

Veterans Day in Times of Change

Tomorrow is Veterans Day. As usual, many news outlets are largely focusing on all the deals and freebies that will be available to our valued military and the numerous fundraisers and parades that will take place across the country, notably, the “America's Parade” in NYC,...

Oct

2016

VA Considers Adding New Diseases to the Agent Orange List

Department of Veterans’ Affairs (VA) Secretary Robert McDonald is considering adding several diseases to a list of 15 conditions associated with Agent Orange exposure. This move would help disabled Vietnam veterans and their families significantly by easing the path to service...

Oct

2016

Claiming DIC Benefits for Diseases Caused By Service Connected PTSD

Has the Department of Veterans’ Affairs (VA) denied your Dependency and Indemnity Compensation (DIC) benefits claim because they don’t feel post-traumatic stress disorder (PTSD) causes vascular dementia or adult failure to thrive? VA examiners continue to view PTSD as a...

Oct

2016

PTSD Provides Service Connection for a Host of Diseases and Illnesses

Are you a veteran with service connected post-traumatic stress disorder (PTSD) who suffers from other disabilities or illnesses? Far too often, veterans do not realize that PTSD can lead to a wide array of health problems, including diabetes, sleep apnea, cardiovascular issues - even...

Oct

2016

VA Now Pays Reproductive Assistance (IVF) Costs for Injured Veterans

Are you a veteran who suffered a reproductive injury during service? Here’s some positive news: Veterans who have suffered brain, spinal cord or reproductive organ damage during service are finally eligible for in-vitro fertilization (IVF) benefits after a 24-year ban on...

Oct

2016

Phoenix VA Health Care System OIG Investigation Reveal: 100’s of Veterans Died Waiting for Care

In July 2015 a confidential complainant brought forward a number of allegations about the Phoenix VA Health Care System (PVAHCS). The VA Office of the Inspector General (OIG) then launched an investigation. According to the recently released report, some of the most shocking claims the...

Oct

2016

Two Costly Mistakes Veterans Make in Filing a Claim for TDIU

Has the Department of Veterans Affairs (VA) denied your benefits claim for a total disability rating based on individual unemployability (TDIU)? Veterans seeking TDIU benefits are essentially asking for the 100% rate even though their service connected disability ratings do not add up to...

Oct

2016

Veteran Wins a 19-Year Appeal For VA Benefits In C. Difficile Colitis Case

Are you a veteran who has been fighting the Department of Veterans’ Affairs (VA) in appeal on a benefits claim? As a veterans’ benefits lawyer, I have the privilege of representing veterans from all over the country. Recently, our legal team won a particularly noteworthy VA...

Sep

2016

Action Needed to Address Proposed Veterans’ Legislation

As a veterans’ benefits lawyer I applaud the intentions of our elected officials in Congress when try to address the problems in the VA appeals process. But unfortunately, most members of Congress lack the day-to-day experience in representing veterans in their appeals before the...

Sep

2016

Essential Keys to Winning Your Sleep Apnea VA Benefits Claim

Has the Department of Veterans Affairs (VA) denied your benefits claim based on a diagnosis of sleep apnea? Even with the extensive medical research and statistically significant correlations between sleep apnea and post-traumatic stress disorder (PTSD), weight gain, type 2 diabetes and...

Sep

2016

How a Veteran can win an Extra-Schedular VA Disability Rating

Has the Department of Veterans Affairs (VA) rated your service-connected disability too low? The VA has a difficult time assessing veteran’s disabilities when symptoms are outside of their rating code criteria. Not all VA assigned disability ratings accurately reflect a...

Sep

2016

How to Link PTSD with Autoimmune Disorder for VA Benefits

Has the Department of Veterans Affairs (VA) denied a service connection for your autoimmune disorder? Are you service connected for post-traumatic stress disorder (PTSD)? If you are a veteran diagnosed with PTSD who also suffers from an autoimmune disorder like rheumatoid arthritis,...

Jun

2016

Programs for Veterans with Mesothelioma

Help is on the way for military veterans unknowingly targeted to work with a deadly substance that led to developing an asbestos-related disease. Veterans account for an estimated 30 percent of all those diagnosed with mesothelioma, but only 8 percent of the total adult population in...

May

2016

Secretary McDonald Compares the Treatment of Veterans to Disneyland

On Monday of this week Dept. of Veterans Affairs Secretary Robert McDonald made a very inappropriate remark about VA wait times. At “The Monitor Breakfast,” a public forum hosted by the Christian Science Monitor, Secretary McDonald said, “When you go to Disney, do they...

May

2016

Asbestos Exposure in Military

United States military veterans account for 8 percent of our country’s adult population but also an estimated 30 percent of those diagnosed with malignant mesothelioma each year. What is the reason for the disproportionate number? Exposure to asbestos. Veterans are still...

May

2016

More Help Is Needed for Our Veterans

I received a very sad telephone call this morning. It was the wife of one of my clients. She informed me that her husband, the veteran, just committed suicide. At the time of death, the veteran had been service connected for PTSD and was seeking a higher rating for his disability. ...

Apr

2016

Our Nation’s Veterans Deserve Better for Their Service and Their Sacrifice

Our country often boasts of having the most highly developed military in the world. Indeed, the power of the United States military has been influential in winning two major world wars in the 20th Century and is also credited with influencing the collapse of the Soviet Union during the...

Apr

2016

Who’s Responsible When Your VA Benefits Appeal Isn’t Going Anywhere?

It’s understandable that a veteran who suffers from severe disabling conditions and who lacking the ability to work would be frustrated by how long it take VA to resolve his appeal. One of the complaints I hear from veterans is that their lawyer isn’t doing anything to move...

Apr

2016

Wall Street Journal Blames VA Backlog on the Creation of the U.S. Court of Appeals for Veterans’ Claims

One of the biggest frustrations disabled veterans face when seeking VA disability benefits is the length of time it takes to receive a decision. As a veterans’ benefits attorney, one of the biggest questions we often receive is how long will this take? As a practitioner near to...

Mar

2016

Help! My VA Disability Lawyer Isn’t Doing Anything to Push My Claim!

“My lawyer is not doing anything to help me!” is one of the most common complaints I hear as a veterans’ disability attorney. The logic goes something like this: I have a lawyer representing me and my case is taking a long time to resolve. Therefore, my lawyer must...

Mar

2016

Comments on the Recent Firing of Two Top Wounded Warrior Project Executives

I was saddened to see news of the termination of two top executives from the Wounded Warrior Project. CEO Steve Nardizzi and COO Al Giordano were fired based on allegations of wasteful spending and actions that cast the organization in a negative light. The allegations tended to suggest...

Mar

2016

Recent Report Highlights Problems in the St. Petersburg VA Regional Office

Veteran’s disability benefits claims have been incorrectly cataloged in the St. Petersburg VA regional office. Steep backlog and inefficient data processing are responsible for the discrepancy, according to a report made public by the Department of Veteran’s Affairs. An...

Feb

2016

CAVC Remand for Back Injury Based on the Failure to Consider Journal Entries

A common problem when appealing a VA denial of benefits is where a veteran does not have documentation in his service treatment records of an injury in the service. Our veteran’s benefits law firm recently had a case where we obtained a remand at the CAVC back to the BVA in a case...

Feb

2016

Veterans Affairs Gets Away with Privacy Breaches the Private Sector Would Not

As a veteran's disability attorney I am always concerned about VA acting outside the scope of the law. It is a routine matter that we deal with in our veteran's disability law firm where the VA does not comply with the Freedom of Information Act. Accordingly, I was not surprised to...

Jan

2016

CAVC Remand in PTSD Case for Not Addressing Fear of Hostile Attack

In some cases when the VA denies a claim for PTSD, it often neglects to consider whether the veteran was in a combat theater and in fear of a hostile military or terrorist attack. Our lawyers recently got a remand at the U.S. Court of Appeals for Veterans claims for a veteran who was...

Jan

2016

Veteran’s Clinics See Increase in Lupus Cases Among Military Population

Can your military service make you ill? Research shows that lupus among the military population is becoming more prevalent. Lupus is a chronic, autoimmune disease whose signs and symptoms can last for years. The disease can damage any part of the body (skin, joints, and/or organs inside...

Dec

2015

Veterans Seeking Benefits: Here Are 4 Ways to Get Your Claim Processed Faster

If you are a veteran getting ready to file your benefits claim for the first time, you may want to consider filing the claim under the Veterans' Administration's Fully Developed Claim program, or FDC Program. What Is the Fully Developed Claim Program? “The Fully Developed...

Nov

2015

PTSD Veteran Who Was the Victim of In-service Assault prevails in Court, Earns Benefits

Recently, our veterans' disability benefits law firm won a very unusual case on behalf of a disabled veteran who was suffering from a very severe case of PTSD. In the early 1970's our client was stationed at one of the military bases for basic training. During his time at basic...

Oct

2015

Proving Military Sexual Assault when the Rape Was Unreported at the Time It Occurred

As a veterans disability lawyer that represents victims of military sexual assault, I thought I would share a common scenario to assist the readers of this blog who may be dealing with a recent VA denial of a claim for military sexual trauma or MST. The facts of this typical MST case...

Sep

2015

Winning Veterans Benefits for Pancreatic Cancer Due to Agent Orange Exposure

For many disabled veterans who were exposed to Agent-Orange, winning service connection for a disease not presumed to be caused by Agent Orange exposure seems like an impossible task. Often, these veterans call our veterans benefits law firm because they have various forms of cancer...

Aug

2015

What Not To Do When Claiming TDIU VA Benefits

As a veterans disability lawyer I literally talk with hundreds of disabled veterans each year. These veterans call or send me their VA decisions in hopes that I will be able to represent them. Recently, a veteran sent me his Board of Veterans Appeals decision. He wanted our veterans...

Jul

2015

Veterans Feel Expendable when Government Places Its Interests Above the Health of Individuals

The frustration of disabled veterans suffering from illnesses associated with exposure to toxic chemicals in Iraq reached its zenith in the recent controversy over the government’s failure to timely disclose the nature of the toxic exposure. In May 2015 the NY Times reported on...

Jul

2015

The Fatality Rate From Combat May Extend for Decades After a War’s End

The Journal of the American Medical Association has confirmed that veterans of the Iraq and Afghanistan War have a significantly higher prevalence of all cardiovascular risk factors such as smoking, hypertension, high cholesterol, obesity, and diabetes. The medical community, and...

Jul

2015

Is There a Link Between Heart Disease and PTSD?

More and more often I see scenarios where a veteran with a service connection for PTSD years later has a heart attack or a stroke. When he tries to get a service connection for the heart attack or stroke, the VA denies his claim. A related situation is where a veteran who is...

Jun

2015

Winning Service Connection for a Non-PTSD Psychiatric Disability Without Evidence of In-Service Psychiatric Problems

For non-PTSD psychiatric cases, proving a service connection between metal illness and military service still requires you to establish the occurrence of an in-service event linking the two. Normally, you need to have a service treatment record documenting some psychiatric complaints. ...

Jun

2015

After 15 Years of VA Appeals, Veteran Wins 100% Service Connection for PTSD Despite Other than Honorable Discharge

It was the fall of 1970 and 18-year old Jimmy Mills found himself in Vietnam as a member of the Army’s 173d Airborne Brigade. Mr. Mills hailed from the small rural North Carolina town of Shallotte. Not surprisingly, Mr. Mills found the combat theatre of Vietnam to be a far cry...

Jun

2015

The Most Common Mistake Made by Veterans Transitioning Out of Active Duty

I have represented veterans from every generation from before WWII all the way to the present generation of veterans who served in Iraq and Afghanistan. Although much has changed in the military and society since WWII, some things remain the same. No matter the era, veterans make the...

Jun

2015

Proposed Legislation to Address the VA Appeals Backlog Misses the Mark

In mid-May (2015), Senator Michael Bennet of Colorado and Senator Jeanne Shaheen of New Hampshire along with seven other senators, introduced legislation designed to improve the consistency of the VA appeals process. The proposed legislation is called the Veterans Appeals Assistance...

May

2015

Memorial Day and Our Veterans

It takes hard work and dedication to keep the faith alive–especially during a time when traditional observance of Memorial Day has been diminishing. In fact, sadly, many Americans have forgotten the meaning and traditions of Memorial Day. At many cemeteries...the graves of the...

May

2015

VA Publishes Data That May Explain the Delayed Onset of Serious PTSD Symptoms in Older Veterans

As a veterans disability attorney I’ve seen the same scenario more times than I can count. A veteran files a claim for PTSD after retiring from a 30-year career with the same company. If he is fortunate enough to obtain service-connection for PTSD, the VA will typically award a...

May

2015

The Board Denied My Claim, Now What Do I Do?

If you are a disabled veteran who has recently been denied by the Board of Veterans Appeals, then you may have some questions about what to do next. As a veterans disabilty lawyer, we receive calls from veterans all over the world about appealing a denial by the Board of Veterans...

May

2015

How to Win Secondary Service Connection for Physical Diseases Related to PTSD

Over the years, particularly in DIC cases, I have seen veterans advance the theory that heart disease or high blood pressure were caused or aggravated by service-connected PTSD. Usually, the VA denies these claims based on the idea that psychiatric problems are separate from physical...

Apr

2015

PTSD and Iraq-Afghanistan Veterans: Why the Higher Prevalence?

The VA recently published data that reveals an alarming increase in the number of disabilities affecting veterans and an increasing prevalence of post-traumatic stress disorder (“PTSD”). At the same time, trends in the personal lives of the “millennial generation”...

Apr

2015

The VA Population of Veterans Receiving VA Benefits Has Still Not Peaked

The VA recently released data that shows projected increases in the demand for VA benefits. Interestingly, it noted that 40 years after the end of the Vietnam War, the population of Vietnam era veterans receiving disability compensation has not yet peaked. So what does this mean for...

Apr

2015

The VA Is Starting to Go Paperless

The VA recently unveiled its 2016 budget. As a veterans disability lawyer I usually find interesting details hidden within VA’s budget proposals. This year’s proposed budget is no different. Although I am often critical of VA’s ability to expeditiously resolve...

Apr

2015

The VA Changes the Rules on How to File Claims and Appeals

On March 24, 2015 the VA implemented new rules pertaining to how veterans file claims and appeals for VA benefits. All new claims or appeals must be processed on standardized forms. The VA claims it will streamline the process. But in reality, VA could not process claims expeditiously...

Mar

2015

How to Overcome an Other Than Honorable Discharge and Still Win VA Benefits

It seems as if a week doesn't go by without our office receiving a call from a veteran who has an other-than-honorable discharge. As a veterans disability lawyer, I hear the desperation of a veteran in need of his benefits, but VA keeps denying him because of the character of his...

Mar

2015

Recent Win Using the Presumption of Soundness

For one disabled Texas veteran a 13-year long legal battle with the VA just came to a successful end. After years of doing battle with VA and enduring the excessive delays at the Houston regional office, service connection was finally granted to our client who suffers from a severe...

Mar

2015

What To Do When the VA Regional Office Denies Your Claim

ADVERSE DECISIONS FROM THE RO The RO is required to notify the claimant in writing. The law requires the notice to include the reasons for the denial and a summary of the evidence considered, as well as the appellate rights for the claimant. Beginning in 2012, notice procedures...

Feb

2015

The Two Most Important Factors in Winning TDIU Cases

Not all TDIU claims are created equal. That is, what makes one veteran totally unemployable may not affect another veteran's ability to work. There are two key factors that you must consider when addressing claims for total disability based on individual unemployability. As a veterans...

Feb

2015

When VA Schedules Unnecessary C&P Exams

It happened twice this week--again. The VA obtained another medical opinion for the express purpose of refuting our medical expert. The VA has engaged in the tactic known as "developing to deny." This means that VA realizes that it is stuck with your favorable medical evidence unless it...

Feb

2015

How to Win a Claim That Has Been on Appeal for 20 Years

Imagine finally winning your VA appeal after more than 20 years of fighting VA? As a veterans disability lawyer I am often privileged to be a part of a veteran's winning claim in cases where the claim has been on appeal for decades. Just recently we received a favorable Board of...

Jan

2015

The Need for Help When Navigating the Veterans Benefits System

I commend NPR for its ongoing series on the plight of veterans seeking benefits. The January 14, 2015 story, "Without Help, Navigating Benefits Can Be Overwhelming for Veterans" illustrates some of the reasons for the long delays and repeated denials. The lack of knowledge and adequate...

Jan

2015

Overcoming the Difficulty of the VA's Denial of a Claim for Military Sexual Trauma

The January 13, 2015 Washington Post article, "Veterans who were discharged after sexual assaults push for VA benefits" underscores the problems facing military victims of sexual assault. As a veterans disability lawyer that represents victims of military sexual trauma, the story of...

Jan

2015

How to Get VA to Take Action on Your Appeal

Why does VA take so long to resolve an appeal? This is a question that I hear almost daily from veterans around the country. As a veterans disabiltiy lawyer, I have seen cases that have been on appeal for as long as 30 years. In fact, on average, in cases where I represent veterans on...

Jan

2015

Help for Transitioning Military Personnel

Every once in a while something so worthwhile crosses my desk that it demands I take a few minutes to inform our blog readers about it. For veterans separating from active duty, transitioning to civilian employment can often be a challenge. The changing economy and tough job market...

Jan

2015

Proving Military Sexual Assault When the Incident Was Not Reported

As a veterans’ disability lawyer who represents the victims of military sexual assault, I know how frustrating it can be when VA denies a claim for PTSD. The trauma and devastation of being sexually assaulted often causes deep shame and guilt. There is often a corresponding...

Jan

2015

The Shooting at the El Paso VA Clinic: Another Desperate Veteran?

On January 7, 2015 a gunman entered the El Paso, TX VA medical clinic and shot a doctor and himself. The news reports of the incident did not reveal a motive or the identities of the parties. It is a tragedy and the families of the victim and the shooter are no doubt devastated by...

Dec

2014

How to Win TDIU When You Don't Have a Combined Rating of 70 Percent

If you have a combined rating of less than 70 percent or you do not have one disability rated at 60 percent by itself, chances are the VA has denied your TDIU claim. As a veterans disability lawyer, I can say, based on many years of experience, that VA generally denies TDIU claims if you...

Nov

2014

The VA Used a Non Physician to Examine Me: Is It a Valid Exam?

More times than I can remember I have listened to the concerns of veterans about the VA using a non-physician to perform the VA medical exam. I agree wholeheartedly with the concerns that the VA medical exams are less than thorough and are performed by medical practitioners with minimal...

Oct

2014

Secretary McDonald Does Not Favor Shifting VA Healthcare to the Private Sector

I recently read Secretary Robert A. McDonald’s Op Ed piece in the October 24, 2014 Baltimore Sun. I commend Secretary McDonald for his proactive approach to tackling the significant problems in the VA. As a veterans disability lawyer I keep a close watch on the important statements...

Oct

2014

In-Service Metabolic Syndrone as a Basis for Later Diagnosed Diabetes and Heart Disease

I recently received a favorable decision from the Board of Veterans Appeals in a service-connection for the cause of death case. My client was the surviving spouse of the veteran and she had a DIC claim. My client’s husband died of a heart attack at a young age with the death...

Sep

2014

Paying for the High Cost of Medical Experts to Win a VA Appeal

If you have followed my articles in the past you know that I believe in developing a client’s case to the optimum with good private medical experts. Indeed, the top practitioners in the veterans bar understand this. That is why some firms spend anywhere from $50,000 to $200,000 per...

Sep

2014

The Wide-Ranging Effects of Metabolic Syndrome and How It May Be Able to Serve as a Basis for Service-Connection for a Multitude of Disabilities

I recently conducted some research for a client’s case wherein I was trying to establish service-connection for sleep apnea and a number of other problems. The doctors for the VA rejected the association between service and the sleep apnea on the grounds that the Veteran’s...

Aug

2014

How to Obtain Your Claims File

Your claims file contains all communications and documents that refer to your VA claims. Also included in the claims file are your military records if you are claiming a disability, all compensation and pension exam reports, letters from VA, VA decision documents such as rating...

Aug

2014

Refuting VA Exams Part V

This is Part 5 in a series of articles dealing with strategies a veteran can use to refute VA medical exams. In Part 4, I addressed situations where the VA examiner fails to consider your statements about what happened in service. Today, I want to discuss with you what happens when VA...

Aug

2014

Refuting VA Exams Part IV

This is Part IV in a series of articles dealing with strategies a veteran can use to refute VA medical exams. As I have noted in prior articles as a veterans disability lawyer representing disabled veterans nationwide, I have had ample opportunity to review literally thousands of C&P...

Jul

2014

Refuting VA Exams Part III

In Parts I and II of this series on how to refute VA exams or VA medical opinions, we discussed situations where the VA examiner relied on inaccurate facts or failed to provide adequate reasons for his conclusion. In today’s installment I am going to focus on the VA’s failure...

Jul

2014

Refuting VA Exams Part II

In Part I of this series on how to refute VA exams or VA medical opinions, we discussed the importance of examining the factual assumptions upon which the VA examiner relied in reaching his conclusion against service connection. To reiterate, if the VA examiner assumed inaccurate facts,...

Jun

2014

Refuting VA Exams Part I

One of the biggest challenges a disabled veteran faces when seeking service connection is how to refute an unfavorable VA medical opinion. As a veterans disability attorney I have literally reviewed thousands of VA compensation and pension exam reports over the years. And it’s not...

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