In a January 26, 2022, panel decision, the Veterans Court reiterated its holding in Bailey v. Wilkie, 33 Vet.App. 188 (2021). In doing so, the Court reminded the Secretary that when it came to the informal claim for service connection “…a separate formal...
The CAVC precedential opinion in Andrews v. McDonough, issued by the Veterans Court on May 28, 2021, is an interesting case, especially because of what it implies about the BVA Direct Review lane. This is a long post, to be sure. But I think this information is...
Used to be the only way to challenge a VA rating decision was to file a Notice of Disagreement. Effective February 2019, though, the VA appeals system changed with the passage of the Appeals Improvement Modernization Act (AMA). Now, the “ins-and-outs” of...
What is VA Apportionment? Although Congress has done a pretty thorough job of protecting veterans benefits from assignment or garnishing, VA apportionment is one way that Congress specifically allowed this veil to be peirced. VA disability compensation is not taxable,...
The VA Duty to Maximize is just one of the many legal duties the VA owes to Veterans. Setting aside the fact that the VA’s legal duties are treated more like “if-you-cans” than legal obligations, the Duty to Maximize is often overlooked in the VA...
What is a claim for increased rating? When the VA grants service connection for your service connected disability, it will assign an initial rating. However, medical conditions are rarely static, and will frequently – almost always – get worse. So, when...
How to Hire an Attorney For Your VA Claim or Appeal.
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