Veterans Legal Lowdown is a podcast created by Chisholm Chisholm & Kilpatrick LTD, a law firm representing veterans nationwide on their VA disability claims. In each episode, our legal team breaks down a veterans law topic--from Burn Pits to Traumatic Brain Injuries (TBIs) and VA claim hacks to the latest VA news. This is CCK On Air.
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In this episode, we discuss three types of evidence veterans can use to increase their VA rating. We will discuss medical records, lay evidence, and employer records. Additionally, we will talk about increased rating claims so that veterans can learn how to demonstrate a worsening of their service-connected condition. Tune in to learn more! For mor…
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What does it mean when your VA claim status reads “Pending Decision Approval and Preparation for Notification”? If a veteran’s claim is at the Pending Decision Approval or Preparing for Notification step, this is generally a good sign. It means that the decision process is nearing completion. Tune in to learn more! For more information, visit our w…
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In this episode, we discuss VA disability benefits secondary to hip conditions and what conditions commonly stem from hip disabilities. Veterans who develop a secondary disability because of an already service-connected condition can receive a VA rating for both conditions. Tune in to learn more! For more information, visit our website at cck…
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In this episode, we discuss Form 21-4192, which is one of the forms Veterans must complete when applying for TDIU benefits. In this episode, we discuss more about what Form 21-4192 is used for, go over each section of the form, explain why veterans must submit it, and offer some tips on how to complete it. Tune in to learn more! For more informatio…
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In this episode, we explore the different pathways to achieving this rating, including schedular ratings for single or multiple conditions, Total Disability based on Individual Unemployability (TDIU), permanent and total ratings, and temporary total disability ratings. Tune in to learn more! For more information, visit our website at cck-law.…
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In this episode, we break down the 70 percent VA rating for mental health conditions. Mental health conditions are all rated using VA’s General Rating Formula for Mental Disorders. Under this, ratings can be assigned at 0, 10, 30, 50, 70, or 100 percent. If a veteran receives the 70 percent rating, it means they display impairment in most areas suc…
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There are several ways veterans may obtain VA disability benefits. In this episode, we discuss the process of establishing service connection for your disability, either through an initial claim or supplemental claim, and the significance of submitting through evidence with your initial claim using VA Form 21-526EZ to increase the likelihood of a f…
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Georgia provides a range of resources and benefits to supports its veterans. Veterans residing in Georgia may wonder what these benefits are and how to access them. In this episode, we discuss some of the benefits available to veterans living in Georgia, including veterans’ homes, financial benefits, employment benefits, and others. Tune in to lear…
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Veterans who receive a 100 percent, or total, VA disability rating may wonder if they can still work while rated as totally disabled. In this episode, we discuss some ratings veterans may receive, such as TDIU, and some scenarios when they may be eligible to work while rated at 100 percent. Tune in to learn more! For more information, visit our web…
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VA requires certain documents to support all claims for disability benefits. Veterans should consider gathering, or giving VA permission to gather, this evidence. In this episode, we discuss how veterans can obtain their records to submit to VA and what to do if some of their service records are missing. Tune in to learn more! For more information,…
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Veterans with a 100% VA rating are considered “totally disabled.” Whether to file another VA claim depends on their specific situation and rating type. This episode discusses why veterans might want to file a new claim despite a 100% rating and also explores reasons they might not. Tune in to learn more! For more information, visit our website at …
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When reading their Rating Decision letter, a veteran may come across what are known as “favorable findings.” In this episode, we will discuss what exactly favorable findings are, where to find them in your decision letter, and whether VA adjudicators are bound by these findings. Tune in to learn more! Follow us on social media: YouTube …
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What mental health conditions qualify for a 100% rating? In this episode, we will discuss what is takes to qualify for the 100% VA disability rating for mental health conditions. We will break down the rating criteria you must meet to get a 100% VA rating and mental health conditions, such as PTSD, depression, and anxiety. Tune in to learn more! Fo…
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How do Social Security benefits and VA Disability Benefits impact each other? In this video, we discuss VA disability and Social Security benefits, how they work together, and whether any offsets apply. There are two different types of Social Security disability benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income …
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CCK Live: DBQ’s and Nexus Letters in VA Claims Explained
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DBQ stands for Disability Benefits Questionnaire. DBQs are forms created for veterans’ use in the evaluation process for VA disability benefits. A nexus letter is a document prepared for a veteran by a medical professional that explicitly connects an in-service event to the current condition for which a veteran is seeking VA compensation. Tune in t…
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Is VA disability compensation exempt from bankruptcy? In 2019, the HAVEN Act was signed into law, making VA benefits protected income during bankruptcy proceedings. Prior to the HAVEN Act – from 2005 to 2019 – the federal Bankruptcy Code commonly required veterans to give up their VA disability benefits to creditors to obtain bankruptcy relief. Tun…
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In this informative episode, we will break down the VA disability benefits available to veterans with knee conditions and pain. Learn the common knee conditions Veterans experience, how they're rated, special Veterans Law considerations to be on the lookout for in your decisions, C&P examinations for knee conditions, and tips for building a strong …
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In this video, we will breakdown the monthly rate VA DIC recipients will receive in 2024! DIC, or dependency and indemnity compensation, is a monthly benefit paid by VA to surviving dependents of a veteran whose death was related to their military service or a service-connected condition. DIC has exclusive rates and is separate from veterans’ disab…
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The Department of Veterans Affairs (VA) awards special monthly compensation (SMC) to veterans with service-connected conditions so debilitating they warrant a rating higher than 100 percent. In this episode, we will break down the SMC rates for fiscal year 2024 and other key information veterans need to know about their special monthly compensation…
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The Cost-of-Living Adjustment for Veterans’ disability compensation in 2024 was announced at 3.2 percent. In this episode of CCK Live, we will discuss how this change in COLA will affect veteran’s benefits, what the 2024 pay chart looks like, and what veterans can expect for their VA disability benefits in 2024. Tune in to this episode to learn eve…
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In this episode, we are discussing the issue of unaccredited individuals charging veterans and their families illegal fees to file VA claims, obtain medical evidence and nexus letters, and more. A group of 31 members of Congress sent a letter to VA Secretary McDonough addressing the increase in unaccredited individuals profiting off veterans. The l…
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In this episode, we discuss the PFAS lawsuit and your entitlement to VA benefits. PFAS chemicals were used widely in various industries and have contaminated water, food, and air across the U.S. If you believe you have been exposed to PFAS and have been diagnosed with certain cancers after the year 2000, then you may qualify for compensation. What'…
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In this episode, we discuss the Board of Veterans’ Appeals decision goal for fiscal year 2023 and explain how this compares to previous years, including a breakdown of the additional funding the department has received in its budget. We review the Board’s productivity and the status of VA’s backlog, give budget insights, estimate cost per case, and…
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A secondary service-connected disability is a disability that results from a condition that is already service-connected. Veterans must provide medical evidence linking their back pain to their already service-connected condition, or a nexus. Common conditions that can lead to secondary back disabilities include hip conditions, foot conditions such…
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Tune in for a discussion on establishing presumptive VA service connection for arthritis (meaning you do not need a nexus connecting the disability to service). Veterans can receive VA ratings for degenerative and rheumatoid arthritis and may be eligible for presumptive service connection. Under 38 CFR § 3.309, arthritis is characterized as a chron…
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Confused by VA terms? You're not alone. Over the course of the VA benefits process, veterans will encounter many abbreviations that VA uses to describe key terms. From your initial VA claim to your decision letter, there may be unfamiliar terms. Join us as we break down common terminology such as C&P Exam, RO, CAVC, BVA, P&T, TDIU, and more. For mo…
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Service members who are separating and plan to file for disability compensation can file their claim before separation through VA’s Benefits Delivery at Discharge program. The Benefits Delivery at Discharge, or BDD, program allows service members to apply for VA disability compensation benefits between 180 to 90 days prior to separation. Tune in to…
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In this informative episode, learn which VA rating you may be eligible for if you are suffering from peripheral neuropathy. Veterans may receive service connection for peripheral neuropathy on a direct basis, by secondary service connection, or through presumptive service connection. It’s important to note that VA does not have a specific code for …
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Discover the Top 5 Letters Veterans Receive from VA. In this informative episode, we discuss the most frequent letters veterans and their families receive when seeking VA disability benefits, including requests for records, notice of improper form, C&P exam requests, Notice of Action letters, and dependency benefit notifications. Be sure to tune in…
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CCK Live: Special Monthly Compensation (SMC T) for TBI: CAVC VA Benefits Case
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Tune in to this informative episode of CCK Live to learn about a case involving Special Monthly Compensation (SMC) for Traumatic Brain Injuries at the U.S. Court of Appeals for Veterans Claims (CAVC). SMC allows veterans to be compensated beyond the 100 percent VA disability rate, and one level of SMC exists exclusively for TBIs. In this case, CCK …
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In this episode, we are discussing five secondary service connection claims that could increase your VA disability rating. If a veteran files for and is granted service connection for more than one condition, each conditions receives its own VA rating. If you receive multiple ratings, they will be added together using VA math to form a combined dis…
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There are several types of VA benefits available to elderly veterans. Eligible elderly veterans could qualify for many VA benefits such as: VA pension, Aid and Attendance, Housebound, and geriatric care at VA healthcare facilities or community centers. Tune in to learn how to qualify for these VA benefits! Follow us on social media: YouTube…
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Why does VA reduce veterans’ disability ratings? VA assigns disability ratings to ensure that each veteran is compensated for their current level of disability. If VA identifies evidence suggesting a condition has improved or anticipates that it will improve over time, VA will schedule an evaluation of the veteran’s condition and can potentially re…
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Learn what it means when your VA claim status reads as "Preparing for Decision" throughout the process of getting a decision on your VA claim. Is this stage a good sign for your VA claim? How long should veterans expect to wait from this stage? Plus, learn how to track your VA claim status. Follow us on social media: YouTube - htt…
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CCK Live: Common Questions Asked About VA C&P Exams
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How should you prepare for a C&P exam? How much weight do C&P exams hold? What are tips for attending C&P exams? Can I bring someone with me? Join the CCK Team in this episode of CCK LIVE as we discuss common questions we hear about VA compensation and pension exams and provide valuable tips to know before attending. For more information, visit our…
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For some veterans, a 100% VA disability rating does not adequately capture the severity of their condition(s). In these cases, a veteran may receive Special Monthly Compensation, or SMC. SMC is awarded to veterans with service-connected conditions so debilitating they require a rating higher than 100%. There are different levels of Special Monthly …
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CCK Live: Texas Benefits Town Hall - Guide to State-Sponsored Veterans Benefits
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While VA offers benefits to eligible veterans across the country, each state also offers certain benefits for veterans residing in that state. Texas veterans may qualify for a range of veterans benefits, including housing and loan assistance, educational assistance through the Hazelwood Act, employment opportunities and preferences, recreational li…
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Veterans with a 100% VA disability rating are entitled to the highest amount of monthly compensation from VA. However, there are several other benefits veterans with a 100% rating can get, such as permanent and total (P&T) status, VA healthcare benefits, and state veterans benefits. Tune in to learn more about the 5 benefits you can get with a 100%…
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Compensation and pension, or C&P exams, are a typical part of the VA disability benefits process. C&P exams are weighed heavily by VA when determining if a veteran's condition is service connected and assigning a disability rating. As mental health conditions are common among veterans, VA conducts many C&P exams for depression, anxiety, PTSD, and o…
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VA's presumption of soundness states that every veteran shall be taken to have been in sound condition when examined, accepted, and enrolled for service. In other words, veterans are presumed healthy upon entry into service unless otherwise noted. Listen to this podcast to learn more about the presumption of soundness, as well as VA's presumption o…
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The highest possible rating for post-traumatic stress disorder, or PTSD, is 100%. A 100% rating means that a veteran’s PTSD symptoms are so severe that they are totally impaired and unable to function in daily life. VA assigns PTSD ratings based on the veteran's level of social and occupational impairment, as well as the frequency, duration, and se…
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Sometimes VA disability ratings are protected, meaning they cannot be reduced or taken away. However, there are certain situations in which VA can take away a veteran's disability benefits, such as if the veteran committed fraud or a clear and unmistakable error (CUE) occurs. To learn about the 3 ways VA can take away your disability benefits, tune…
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Compensation and pension, or C&P, exams are evaluations ordered by VA as part of the claims process. C&P exams are used to evaluate a veteran’s condition(s) to determine if service connection is warranted and, if so, to gather evidence to assign a disability rating. However, VA C&P exams are not necessary for every disability claim. Tune in to lear…
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When a veteran seeks service connection for a condition or disability, VA assigns a disability rating based on severity. Ratings range from 0 to 100% and determine the amount of monthly compensation a veteran will receive. Veterans with a 70% VA disability rating are entitled to certain additional VA benefits, such as TDIU, GI Bill benefits, DIC, a…
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An effective date is used by VA as a start date for the payment of disability benefits for a claim. In other words, this is the date that a benefit became effective. Sometimes, this is not the earliest possible effective date, and there are several ways to argue for an earlier effective date if you believe you are entitled. Tune in to learn more ab…
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Pes planus, or flat feet, and plantar fasciitis are to common conditions for which veterans seek VA disability compensation. Additionally, having pes planus, or flat feet, can be an aggravating factor for plantar fasciitis. Tune in to learn how veterans can get service connected for both of these conditions, how they are rated, and more. For more i…
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The Honoring Our Promise to Address Comprehensive Toxics (PACT) Act is a bill that was signed into law in 2022 and expands VA disability benefits and health care coverage for toxic-exposed veterans. Veterans who qualify for benefits under the PACT Act can file a claim in the same way they would for any other claim. Tune in to learn how many PACT Ac…
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In general, VA should not consider age as a factor when evaluating a veteran’s eligibility for service-connected disability. However, there are two situations in which VA can take age into account for a VA claim or appeal. Tune in to learn more about how a veteran's age can affect their VA claim, including expedited VA claims, reevaluations, and mo…
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While veterans cannot be directly service connected for drug or substance, they can be compensated for substance abuse as a symptom if the substance abuse is attributed to a service-connected disability, such as a psychiatric condition. Additionally, VA offers several services to veterans struggling with substance and drug abuse, including rehab an…
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In recent years, the backlog of claims and appeals at both VA and BVA has increased significantly. Veterans often must wait years to receive their earned benefits and disability compensation. With the passage of the PACT Act in August 2022, hundreds of thousands of new claims have been filed. Tune in to hear about how many PACT Act claims are curre…
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