Recent Blog Posts

VAIMA SUPPLEMENTAL CLAIMS V. REOPENED CLAIMS UNDER THE LEGACY SYSTEM

For decisions issued after 14 Feb 19, the VAIMA appeal system applies and you will no longer be able to reopen claims with new and material evidence.  Instead, you will have to file a supplemental claim if you wish to revisit a previously denied claim.  While this will require the agency to issue a new […]

SUPPLEMENTAL CLAIMS UNDER VAIMA

In many cases, you may be well-advised to initially filed a supplemental claim as opposed to going directly to a higher-level review or filing a Notice of Disagreement (“NOD”) with the Board of Veterans Appeals (“BVA”).  You can file a supplemental claim seeking benefits previously denied on higher-level review or by the either the BVA […]

HIGHER LEVEL REVIEW UNDER VAIMA

A higher-level review on the Regional Office (“VARO”) level is done by an experienced adjudicator and is essentially a de novo review of the claim. However, the VARO reviewer will only the evidence in the record when the decision under appeal was made.  This means that you cannot submit new evidence to the higher- level […]

APPEAL OPTIONS UNDER THE VAIMA APPEALS SYSTEM

Under the new appeals system created to implement the change enacted by the Veterans Appeals Improvement and Modernization Act (“VAIMA”), you will have the option of requesting a higher-level review by an experienced adjudicator on the Regional Office (“VARO”) level, file a supplemental claim or go directly to a Notice of Disagreement with the Board […]

MAJOR CHANGES TO VA APPEALS UNDER VAIMA

The appeals systems designed under the Veterans Appeals Improvement and Modernization Act (“VAIMA”) will go into effect on 14 Feb 19 with respect to all cases in which a Regional Office has (“RO”) issued a decision before that date. The good news is that this  will require RO adjudicators to issue more detailed decisions that […]

Important VA Webcast- 10/16/18 @ 2PM EST

To all veterans and their families reading this blog, here is the link to a live webcast being held on 10/16 at 2pm EST in which Dr. Paul Lawrence- the Undersecretary for Benefits for the VA – will discuss changes and updates to the benefits process. It requires pre-registration and is free to attendees. Please […]

Where to Find Navy CORB Policy Guidance

If you are currently enrolled in the PEB process or are petitioning one of the various personnel boards administered by the Navy Council of Review Boards, I have provided you with the direct link below to their current policy memoranda so that you will be able to readily familiarize yourself with any policies governing your […]

SECNAVINST 1770.5- New Instruction for LOD Benefits for Naval and Marine Reservists

On August 29, 2018, the Secretary of the Navy issued a new instruction regarding the management and disposition of LOD Benefits for Naval and Marine Reservists that is available for download by clicking this link: SECNAV 1770.5 LOD for reservists.  I have not yet had the chance to review it in detail but will comment […]

Document Migraines Now, Avoid Headaches Later

If you suffer from migraines on a regular basis and believe that these headaches render you Unfit, here is how we will establish this fact for the PEB and the VA Rating Activity.  First, you must be prescribed both abortive and prophylaxis medications by a neurologist who has diagnosed you with migraine headaches- being diagnosed […]

How to Handle a Bad IDES C& P Exam

Within two weeks of finishing your VA C&P exams for your DOD IDES case, please request a copy of your exam reports from your PEBLO. If you find inaccuracies or misstatements in the exam, we can address these problems in one of three different ways.  First, by sending an e-mail documenting these shortcomings to the […]