The VA Office of the Inspector General (VAOIG) has issued a report finding serious deficiencies in the examinations provided to veterans by the contracted exam providers LHI, QTC, and VES. This news will surprise no one who has participated in this exam process. This report, titled Contract Medical Exam Program Limitations Put Veterans at Risk for […]

Every claim for service connection must prove three things: The veteran suffered an injury or disease during his or her military service. The veteran has a current diagnosis or symptoms of the claimed condition. The in-service injury or disease at least as likely as not caused the current claimed condition. Proving these three elements will

The Veterans Court issued a recent decision in the case of Arline v. McDonough making it clear that veterans will need to provide lay testimony to support their claim for individual unemployability. Decision in Arline v. McDonough In Arline v. McDonough, the veteran filed a claim for individual unemployability. He argued that he qualified for this benefit because he

Veterans suffering from asthma, rhinitis, and sinusitis as a result of exposure to burn pits and other airborne hazards while deployed in certain countries during the Persian Gulf War will soon find it much easier to obtain service connection and benefits from The Department of Veterans Affairs (“VA”) for those conditions. If you or someone

On June 17, 2021, the United States Court of Appeals for the Federal Circuit decided a case titled Arellano v. McDonough. The main question of the case was whether Mr. Arellano, who applied for benefits from the Department of Veterans Affairs (“VA”) thirty years after separation from service, can calculate disability benefits starting on the date

In a recent decision by the United States Court of Appeals for Veterans Claims in the case of Andrews v. McDonough, the Court held that new evidence may not be introduced when a claim is in front of the Board of Veterans’ Appeals as part of their direct review docket. The Court stated that this rule applies to

For years, studies have shown an association between exposure to Agent Orange and bladder cancer, hypothyroidism, and Parkinson’s-like symptoms. Despite the evidence supporting this connection, VA has refused to propose a regulation adding these ailments to the list of conditions presumed to be associated with exposure to Agent Orange. Frustrated by VA’s failure to act, in January

The United States Court of Appeals for Veterans Claims recently issued a decision in Long v. Wilkie. In it, the Court answered the question of when VA must refer a veteran’s claim for disability benefits for extraschedular consideration. Extraschedular consideration is most often requested by a veteran when he or she believes that VA’s rating schedule

Effective February 7, 2021, the US Department of Veterans Affairs (VA) has implemented major changes to the rating schedule for musculoskeletal disabilities. Diagnostic codes have been added, others have been removed, and an attempt has been made to update medical terminology and to provide more objective rating criteria. The changes are a mixed bag for veterans. For