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Recent Blog Posts

Restriction of Activities in Fibromyalgia Cases

  To achieve the maximum 40% disability rating for fibromyalgia under VA Code 5025, you must be able to demonstrate to the VA C&P examiners in either IDES or post-service VA claims both the symptoms that are constantly present and refractory to therapy as well as how your activity level has been reduced due to […]

Why You Should Never Assume Anything

Last week,  I represented a client at a formal hearing who had retained me after receiving very strange PEB findings awarding him disability severance for a moderate sciatic nerve injury, but which ignored his lumbar spine injuries.  A quick review of the case file revealed why- the drafters of his medical board and speciality addenda […]

During the PEB Process, Social Media is NOT Your Friend!

If you are being processed through the Physical Evaluation Board system- legacy or IDES, it is imperative that you either take down your social media footprint or edit your privacy settings to only close friends and family.  Why? Because PEB members are now actively searching the Web for evidence that you are engaged in activities that […]

Why You Must Request  Copies of Your VA C&P Exams ASAP during the IDES Process

  When my clients undergo VA C&P exams as part of the IDES process, I always instruct them to obtain copies of their exam results from their PEBLO as soon as possible after the exam is completed- note, for planning purposes, it typically takes 2-3 weeks for these exams to be available.. This enables us to […]

Stunning New CAVC Decision  Will Help Us to Argue for Higher Ratings in your PTSD Case

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​On January 5, 2018, the Court of Appeals for Veterans Claims issued a stunning decision in Emerson v. Shulkin (No.16-4086) stating that the VA must engage in holistic analysis…

Guide to Major Changes Starting in 2018 to Expedite VA Appeals

va_ramp_report.pdf File Size: 2877 kb File Type: pdf Download File ​Starting this year, the VA will be unveiling its new RAMP system for more rapid processing of both legacy and appeals filed under its new process. By February of 2019, all requests for review of VA rating decisions will be processed under a new, multi-lane […]

Focus on Symptoms, Not Just Diagnoses

​When the MEB process begins in your case, you will often be asked what conditions impact your ability to perform your assigned duties. When answering this question and developing your case, think about your symptoms as well as your primary diagnoses.   For example, many people come to me with a clinical diagnosis of Multiple Sclerosis […]

Important Update for Nonmedical Evidence Letters

​If you are providing your counsel with nonmedical evidence letters supporting your contentions for a pending PEB case, please be sure that these letters are not substantially identical to each other.  Letters that appear to be similar or identical will not be given much weight by board members.  I realize that many prospective witnesses may […]

Why You Should Document ALL of Your Upper Extremity Injuries

​When you suffer an injury to your arm, be sure to adequately document all the injuries to this extremity as it is possible for injuries to the elbow, forearm, and wrist to each be assigned separate disability evaluations.  That is because the VA views the various planes of motion of these joints to be clinically […]

Obtaining Two Distinct Ratings for Knee Injuries

Many service members do not know that it is possible to receive two distinct ratings for knee injuries without it being viewed as pyramiding.  The VA Office of General Counsel has determined that you may receive separate disability ratings for both limitation of flexion and limitation of extension in the knee joint as these conditions […]

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