'Gardberg & Kemmerly Blog' Category Archives



Direct Service Connection

In order to receive VA disability compensation, your disabling condition must be service connected.  There are generally 5 ways for a Veteran to establish service connection which include direct service connection, presumptive service connection, secondary service connection, service connection based on aggravation, and service connection based on 1151 claims.  This series of blogs will examine […]

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Medical Equivalence or Medically Meeting a Listing in Social Security Disability

I previously wrote back in 2017 regarding the rules in a Social Security case that the Social Security Administration (SSA) uses for determining medical equivalence. SSA has compiled what is referred to as a Listing of Impairments and the criteria to meet these listings based on certain severe and medically determinable illnesses. The difference between […]

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VA Considering Changing the Disability Ratings for Mental Health Conditions

The VA has announced proposed changes to the VA Schedule for Rating Disabilities (VASRD), including the General Rating Formula for Mental Disorders. The VA has stated the goal is to change the focus from the number and type of symptoms the Veteran is experiencing, and instead look at how those symptoms affect the Veteran across […]

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Is your back injury a disability?

Back pain is one of the most common things that people experience as they grow older. This is often lower back pain, it can be incredibly serious. It can even get to the point that it limits mobility. But if you’ve been dealing with this, you may just have assumed that it’s part of getting […]

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VA Deprived Veterans of $14 Million in Benefits Due to Mishandled Camp Lejeune Claims

A recent report from a top VA watchdog has found that the Department of Veterans Affairs have mishandled nearly 40% of all disability claims filed for exposure to contaminated water at Camp Lejeune, North Carolina. The mishandled claims have delayed benefits for at least 21,000 Veterans. Since 2017, almost 58,000 claims have been filed with […]

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