Appeals

What happens if the VA overpays a Veteran? As with most things involving the VA, it’s a little complicated. Typically, when the VA perceives they have overpaid a Veteran, they send a letter detailing their plan to recoup the debt. Without any input from the Veteran, the VA will proceed Read the full article…

There are several different approaches the VA can take to reduce benefits. Of course, the possibility of a rating decrease is heavily dependent on whether the case is protected or unprotected. PROTECTED RATINGS The Requirement of Sustained Improvement If a rating has stabilized or continued at the same level for Read the full article…

The VA has an obligation to help veterans substantiate their claims. This is known as the “duty to assist,” which maintains that: The VA must provide a medical examination when certain requirements are met. The VA is obligated to provide assistance in obtaining records. Exams The VA is required to Read the full article…

For some Veterans who have been denied disability benefits, the key to appealing the decision may rely upon proving that they received an inadequate examination.  One component of an adequate examination is that the examiner must be reasonably able to make the proper determination. When submitting a claim for VA Read the full article…

Veterans diagnosed with non-combat PTSD but denied service connection frequently express a common frustration: “How can the VA say this never happened to me? I’m not lying!” But rather than accusing Veterans of stretching the truth, the VA will often cite a lack of evidence as reason for denial. With Read the full article…

In the 2011 Memorandum Decision of Byron v. Shinseki, the Court of Appeals for Veterans Claims (CAVC) remanded the appellant Ms. Byron’s Dependency and Indemnity Compensation (DIC) claim for further consideration. In Byron, Appellant’s husband died of non-Hodgkins Lymphoma as a result of his exposure to ionizing radiation during his military service. One…