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Medical research can be powerful evidence in a VA disability claim. In fact, VA regulations recognize that medical treatises, scientific articles, research reports, and other authoritative medical writings may constitute competent medical evidence that can help you prove your claim. Studies may show a relationship between an exposure and a disease, explain how a condition…
Medical records matter in a VA disability claim, but they are not the only evidence. Veterans, family members, friends, and fellow servicemembers may provide lay evidence about symptoms, events, and changes they personally observed. Buchanan v. Nicholson, 451 F.3d 1331 (Fed. Cir. 2006), and Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed. Cir. 2009) explain…
Veterans who have multiple disabling medical conditions may qualify for higher VA disability ratings. Some veterans may have a “secondary” condition. Veterans with secondary conditions may have the ability to seek higher disability ratings due to how those conditions affect their overall health. What Are Secondary Service-Connected Conditions? A secondary condition is a health issue…
Obtaining disability benefits from the VA will require you to present sufficient evidence to prove you have a qualifying service-connected disability. In particular, veterans must demonstrate that their medical condition is related to their military service. Most veterans establish a service connection for their medical condition through a nexus letter. A nexus letter can serve…
When you file a claim for VA disability benefits, you may need to provide various information and evidence to prove your eligibility. Furthermore, the VA may ask you to attend a compensation and pension exam as part of the benefits application process. Knowing what to expect during a C&P exam and what you should do…
Veterans with a service-connected health condition that impairs their working ability or daily activities may file a disability benefits claim with the Department of Veterans Affairs. However, many veterans have their claims denied or receive lower-than-expected disability ratings due to various errors in review. As another option for continuing to pursue a VA disability benefits…
When the VA denies a veteran’s disability claim, the veteran may pursue an administrative appeals process with the department. However, an administrative review may uphold an unfavorable decision, requiring the veteran to seek relief from the courts. The first stage of judicial review of an adverse or unfavorable decision on a VA disability benefits claim…
When you file a claim for VA disability benefits, you may receive a determination you disagree with. For example, the VA may deny your claim if it determines you do not qualify for benefits. Alternatively, the VA may rate your disability lower than you expected. Fortunately, the VA offers an appeals process that involves several…
Sometimes when you receive a decision from the VA for your VA disability claim, it’s not quite what you were hoping for. Maybe your condition was rated too low. Maybe your claim was denied altogether. Whatever the situation is, veterans have the right to appeal the decision if they disagree with it. Veterans typically have…
Receiving a lower rating than expected or denied claim can be extremely frustrating during the VA disability claims process. After serving your country, you deserve to receive proper compensation for your efforts. Veterans should not simply give up after receiving an unfavorable VA disability decision, they should take the next step forward by filing an…
When veterans get approved to receive VA disability compensation, they are assigned a rating based on the severity of their disability. These ratings are expressed as a percentage that can range from 0 to 100%, with 100% being the most severe. Often, veterans feel like their VA disability rating doesn’t fully reflect the severity of…
The Court of Appeals for Veterans Claims (CAVC) offers an opportunity for veterans to appeal unfavorable decisions they received from the Board of Veterans’ Appeals (BVA). This can be a complex and lengthy process, which means veterans need to be aware of the steps and timeline involved. This blog will cover the timeline for appeals…
If a veteran disagrees with a decision made by the Board of Veterans’ Appeals (BVA), they have an option to appeal through the Court of Veterans Claims (CAVC). The CAVC reviews the decision made by the BVA and makes sure the decision applies the law correctly and the veterans’ rights are protected. The main role…
When a veteran disagrees with a decision made by the BVA regarding their benefits, they have the option to appeal to the CAVC. The Court for Veterans Claims (CAVC) is a federal court with jurisdiction over the decisions made by the BVA. This court simply reviews the decision to make sure that the BVA didn’t…
For many veterans, obtaining VA benefits is crucial for living a more enjoyable and comfortable life. Receiving a denied claim or a lower rating than expected can be frustrating and feel like a setback. Unfortunately, many veterans face challenges in getting benefits, but there are ways to appeal a VA decision that can improve your…
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