Navigation When it comes to VA disability benefits there are two main theories of service connection provided by the Veteran and their attorney: direct service connection and secondary service connection. Direct service connection can be granted when the Veteran suffers an injury, disease, disability, or disorder in-service that has continued to the present. Secondary service connection […]
'Gardberg & Kemmerly Blog' Category Archives
Using Social Security Disability Decisions in VA Claims for Total Disability based on Individual Unemployability (TDIU)
Oftentimes, there are overlaps between VA clients and Social Security disability clients, especially where the issue of Total Disability based on Individual Unemployability (“TDIU”) is at play. If your service-connected impairments prevent you from working, but are not rated at 100%, VA may pay you at the 100% rate. In many cases, people with TDIU […]
UPDATE REGARDING K-2 LEGISLATION
We recently posted a blog regarding the military base at Karshi-Khanabad, Uzbeistan, known as “K-2” and the disabilities suffered by service members and veterans who were deployed there. In summary, there is widespread belief among both service members and the medical community that the exposures at K-2 cause a myriad of different disabilities ranging from […]
New Presumptions added to Agent Orange List as of January 1, 2021
The Vietnam War officially ended in 1975, but the fight for benefits related to exposure to Agent Orange still continues. And with the passage of the 2021 National Defense Authorization Act, the fight has been won for Veterans suffering from bladder cancer, hypothyroidism and Parkinson’s-like symptoms. H.R. 6395-116th Congress: National Defense Authorization Act for Fiscal […]
VA Disability Pay for Troops with Debilitating Cases of COVID-19
On December 16, 2020, Congress passed the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020. (You can read the full text of the Bill here: https://www.congress.gov/bill/116th-congress/house-bill/7105/text). The legislative package, which lawmakers described as an end-of-year omnibus bill for veterans, is over 340 pages long and includes numerous […]