Veteran Disability
Common Veteran Benefits Issues
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Total Disability Due To Unemployability (TDIU)
Can’t work due to your service connected conditions? If you have a combined rating of less than 100-percent but your service-connected disabilities prevent you from obtaining or maintaining employment, you may be entitled to receive TDIU—Paid at the 100-percent disability rate…
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Special Monthly Compensation (SMC)
In cases where a Veteran’s service connected disabilities result in severe functional impairments and restrictions on activities of daily living, a compensation rate above and beyond the 100-percent rate may be available. Loss, or loss of use, of extremities, permanent housebound status, or the need for regular Aid and Attendance, such as from a designated caregiver in lieu of in-patient or institutionalized care, may entitle a Veteran to a SMC rate…
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Service Connection Denial
What do you need to prove?
It is frustrating when a condition that you know you incurred during service is denied service connection by VA. So, what’s missing—why did it get denied? Put simply, in order for VA to award service connection for a disability, the evidence must establish: 1) An in-service event or injury, 2) Evidence of a currently diagnosed condition, disease, or injury, and 3) a medical “nexus” or link to service. VA denies service connection when one or more of these elements is missing. Determining what element is missing and what evidence is needed is vital to getting a grant.
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Increased Ratings
Why did VA rate me so low?
After granting service-connection, VA assigns disability ratings according to their Diagnostic Criteria found in 38 C.F.R. Part 4. While all the medical evidence in your VA records should be considered, often the result from Compensation & Pension Examination (C&P) and the opinion of the C&P examiners are what is relied on by VA.
Feel like you deserve a higher rating on your service-connected claim?
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Evaluation Reductions
Why is VA reducing my rating?
It is unfortunately not uncommon for VA to propose reductions in a veteran’s current disability ratings. In our experience, reductions are often erroneously based on one piece of evidence and the application of an incorrect legal standard. Our firm has years of experience assisting veterans with the restoration of reduced ratings.
Did you receive a Rating Reduction Proposal from VA?
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“Permanent and Total Status”
What is it, and how do I get it?
A veteran may be assigned permanent and total (P&T) disability status when they are rated at 100% and VA doesn’t expect their disabilities to improve over time. It is important to note that you can be considered “totally disabled” without having permanent status. VA may grant P&T status if your disabilities combine to 100%, or if VA has found you totally disabled as a result of your inability to work due to your service-connected disabilities.
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