Hearing loss and blindness are disabilities that many Veterans suffer from and for which they deserve compensation through benefits. A large number of veterans experience hearing loss and tinnitus or ringing in the ears. Other veterans experience vision loss or other eye-related problems. For each of these elements, it is vital for a veteran to establish that a disability is service-connected. To establish a service-connected disability, a veteran must establish that a current hearing or vision condition exists, that there is available evidence of an event in service that caused the
Congress has enacted many laws and statutes that protect servicemembers' rights including rights related to employment. It is simply unacceptable to serve your country and then come back from duty and have no job.To remedy that problem, Congress passed the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301 et seq., which requires employers to reemploy service members in civilian jobs when these individuals return from a period of duty.
Living with a disability can result in a veteran facing significant obstacles. There are some disabilities that a veteran can suffer that can result in compensation that is different from that received by veterans with other disabilities. These conditions are called “special monthly compensation” and can be received in addition to or beside the benefits that a veteran may receive. Unfortunately, there is a cap placed on a number of benefits that a veteran may receive.
When an individual applies for U.S. Dept. of Veteran Affairs health care or benefits, that person’s military discharge status will affect their eligibility for benefits. If an individual was discharged under honorable conditions, the individuals will likely face no difficulty in obtaining benefits. If an individual was discharged under anything less than honorable status, the individual will face more difficulty during discharge status.
Every individual or business facing a legal issue confronts the question of whether or not to hire an attorney. Whether in civil or criminal cases, the hiring of an attorney is a choice. You can pay to hire an attorney or appear as a pro se litigant. Pro se is a latin phrase meaning “for oneself” or “on one’s on behalf.” We strongly believe that, if you are appealing a disability determination to the U.S. Court Of Appeals for Veterans Claims (CAVC), you should be represented by an experienced attorney. Here are three reasons why:
On August 7th, the Congressional Budget Office (“CBO”) released its report of proposed policy changes that would modify the Veterans Affairs’ (“VA”) disability compensation program. The VA, through the Veterans Benefits Administration (“VBA”), compensates U.S. veterans for medical conditions or injuries incurred or aggravated during active military duty. Because many disabled veterans utilize the VA health system for their medical needs, the CBO’s proposed changes could significantly affect both current and future military veterans’ ability to receive disability payments.
In a recent Social Security disability case, the Administrative Law Judge (ALJ) erred in returning claimant to past relevant work performed under special conditions. “When the SSA determines whether an individual is disabled for SSDI purposes, it does not take the possibility of 'reasonable accommodation' into account, nor need an applicant refer to the possibility of reasonable accommodation when she applies for SSDI.1
Do I Need a Social Security Disability Attorney for My Disability Claim?
This one minute video answers the question, "Do I need a Social Security attorney for my disability claim?" Attorney Joe Whitcomb, founder and president of Whitcomb Law, PC, details the issues of which your Social Security disability attorney should be aware.
Will there be a CE at my Social Security disability hearing
In Diaz Situations where an additional examination will likely be necessary for your Social Security disability hearing, to include the following: v. Secretary of Health & Human Services, the 10th Circuit determined that ALJ's have broad discretion in deciding whether to order a CE or consultative examination. "Nevertheless, it is clear that, where there is a direct conflict in the medical evidence requiring resolution, see 20 C.F.R. § 404.1519a(b)(4), or where the medical evidence in the record is inconclusive, see Thompson v.