Consultative Exams in a Social Security Disability Case

A consultative examination is basically when Social Security schedules a claimant, somebody applying for disability, schedules them a doctor’s appointment. They either do it because they don’t think that they have enough evidence in order to make a disability determination, or they want just some kind of clarification of the evidence that they already have.

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Individual Unemployability

The higher your total percentage is, the harder it is to get an increase if you get another grant. What unemployability does is, if you were at 60% for one particular condition or 70% for multiple, one of which, with some different variations, is at 40%, you can apply for unemployability, and at that point, they can grant you 100% payment even if you’re not, technically, at 100%.

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What is Lay Evidence in a Veterans Disability Claim and Why is it so Valuable?

In a veterans disability claim, lay evidence is basically any evidence and all evidence that is not medical. If you have a statement from the veteran, a statement from his family members, friends, people that they served with, any statement regarding the veteran’s condition or things that happened in the past, anyone who’s not a medical professional but would have personal knowledge regarding the veteran’s either current condition or in service injury, things like that. It’d be any kind of non-medical expert that can provide some kind of information that’s pertinent to the claim.

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The New VA Appeals Process

So, now when you do want to appeal, you’ll still file a notice of disagreement, but what you’ll do is file it directly with the board of veteran’s appeals, and then at that point, there are three different tracks that you can choose based on what your case looks like, what kind of evidence you have, what the issues are and appeal.

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