For veterans seeking to gain service connection for their disability with the VA disability compensation system, many will need to undergo a Compensation and Pension (C&P) exam. The VA uses these exams to evaluate the veteran’s impairment to determine (1) if the veteran’s condition is service connected and (2) the severity...
What Is The “At Least As Likely As Not” Standard In VA Disability Law?
Every legal system has its own standard of proof. For criminal law, the standard is “beyond a reasonable doubt,” and in civil lawsuits, the standard may be “clear and convincing evidence” or “the preponderance of evidence.” Each of these standards is more severe than the one used by the VA when it...
Marginal Employment – Working With A TDIU Rating
Veterans who are unable to follow a substantially gainful occupation due to their service connected conditions are eligible to receive a total disability based on individual unemployability (TDIU) rating. The inability to secure or follow a substantially gainful occupation (SGO), as defined under 38 CFR 4.16(b), depends on economic and...
How To Complete VA Form 21-0966: Intent To File
When a veteran has decided to pursue a claim within the VA disability system, but does not yet have enough evidence to yield a favorable result for their claim, they can file an intent to file via VA Form...
Understanding The AMA System
Signed into law on August 23, 2017 and effective on February 19th, 2019, the Appeals Modernization Act (AMA) put into place a new system for modernized appeals within the VA disability claims system. The biggest changes this program made to the...
How To Prove TDIU For Migraines
The word “migraines” can encompass many different types of headache conditions within the VA schedular disability rating system. This is because under 38 CFR 4.124a, all headache conditions are rated under the same scale used for migraine headaches:
Diagnostic Code 8100: Migraine
50 -...How To Opt In To Higher Level Review From The Legacy Appeals System
Upon the implementation of the Appeals Modernization Act (AMA) on February 19, 2019, the legacy appeals system was discontinued and any claims decided on or after that day have to be appealed through the AMA system. Under the pilot initiative called the Rapid Appeals Modernization Program (RAMP), some veterans with legacy appeals...
Applying For VA Disability Compensation: VA Form 21-526ez
Any veterans interested in receiving VA disability benefits first need to complete a VA Form 21-526ez to begin their claim. On this form, veterans will provide information regarding their service, what disability they are claiming service...
BVA Remands: What Are They And How Do They Work?
When a veterans disability claim goes to the Board of Veterans Appeals (i.e. Board, BVA), the Board can approve, deny, or remand the claim. When the Board remands a claim, it is often but not always sent back to the same VA Regional Office (RO) that initially evaluated the claim...
How to Prove TDIU for PTSD
Post Traumatic Stress Disorder (PTSD) is a complex condition that can present with different symptoms in different individuals. Some of the most common symptoms associated with PTSD are:
HypervigilanceIntrusive memoriesAvoidance of places or peopleDifficulty maintaining relationshipsDifficulty controlling angerTrouble sleepingThere are many more symptoms associated...