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An independent medical examination can be used in support of service connection for a veteran’s medical condition. In doing so, it is often in a veteran’s best interest for his or her doctor to indicate that an injury or illness “is at least as likely as not” related to military Read the full article…

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…

It can be frustrating for a veteran with multiple service-connected disabilities to go from a 70 to 100 VA disability rating. Because of how the VA combines claims, 1 plus 1 does not equal 2. VA Math is so complicated, a table is used to combine clams. On top of Read the full article…

An extra-schedular rating is the VA’s recognition that its generalized rating criteria does not always adequately capture a veteran’s true disability. Determining an Extra-schedular Rating The determination as to whether an extra-schedular rating is necessary includes three steps: A determination whether the schedular rating contemplates the veteran’s symptoms or level 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…

Not all evidence for your VA Disability Claim needs to be from a doctor or your service record.  A statement from a friend, family member, or someone you served with can be very effective evidence when trying to receive service connection or an increased evaluation for a service-connected condition. To Read the full article…

Understanding the Rating System A veteran’s ability to continue working while suffering from PTSD is dependent upon the severity, frequency and duration of the symptoms experienced. To qualify for TDIU (total disability based on individual unemployability) on a schedular basis, veterans must show: they have a rating of at least Read the full article…

Inc. Magazine has recognized Berry Law Firm in the 2017 Inc. 5000 list as one of the fastest-growing private companies in America. The firm is proud to announce this prestigious achievement. Fastest Growing Company in America: Berry Law Firm Inc. Magazine announced its annual list of the fastest growing private 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…