In any legal or quasi-legal proceeding, you may hear a reference to the phrase, “burden of proof.” When discussing the burden of proof, courts or decision-makers are concerned with “who” has the burden of proof in that particular proceeding as well as “what” is that person’s burden of proof. The person who has the burden…
The Appeals Modernization Act (AMA), which was signed into law in 2017 but became effective in 2019, gave veterans three methods by which they could appeal a denial of their VA disability claim. Under the AMA, veterans could choose: What is more, under the AMA veterans can choose several of these options, just not at…
Last year, the U.S. government passed the Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxins Act, more commonly referenced as the PACT Act. Among other outcomes, the PACT Act expanded the list of presumptive conditions and illnesses that will enable certain veterans to obtain VA disability benefits easier than others. These…
The VA disability appeals process commences in earnest when you first receive notification that your claim for disability benefits has been denied. Under the new system of appeals, introduced in 2019 under the Veterans Appeals Improvement and Modernization Act (AMA), veterans now have three avenues to seek a review of their denial. These avenues include…
Veterans should know that an appeal to the Board of Veterans’ Appeals (BVA) does not guarantee that your disability claim will be approved. You can go through each of the various appeal options available to you under the Appeals Modernization Act, including appealing your case to the BVA, and still have your claim denied. In…
Each veteran’s VA disability claim is unique. The circumstances of your service-related injury, the way in which that injury or condition impacts your daily life, and your and your family’s needs are all unique to you. The VA disability process, including the appeals process, is supposed to take the individualized nature of veterans’ claims into…
Are you a veteran in the Cincinnati, OH area? Do you believe you are eligible for disability compensation via the U.S. Department of Veterans Affairs? The criteria to be eligible for VA disability benefits can be complicated and many veterans want to know – what injuries, illnesses and medical conditions qualify for VA disability –…
The COVID-19 pandemic is still ongoing, and some who were afflicted with the virus, are still experiencing lingering symptoms. Though the cough and fever may be long gone, other symptoms that can last for months or more are being attributed to COVID-19 in a condition referred to as long COVID. Is long COVID recognized by…
Having your VA disability claim denied can be a disheartening experience. Different personalities will react to this unfortunate news in different ways. Some may become angry or indignant and commit themselves to obtain the favorable decision they seek by any means necessary. These “other means” may include, in their minds, redoubling their efforts, starting over,…
If you have just received notification that your VA disability claim has been denied, you are likely anxious about the appeals process. You know you need and deserve disability benefits for your service-related condition. You also know that those benefits can be paid retroactively to the time you filed your claim, and even before then…