Privately completed Disability Benefits Questionnaires (DBQs) are an important part of the VA disability claims process. They give veterans the ability to submit non-VA medical evidence in a format that identifies the specific information the VA uses to rate claims. This can be particularly helpful when VA examinations are delayed or when specialized evaluations are […]
Understanding Clear and Unmistakable Error (CUE) Claims in VA Law
When the Department of Veterans Affairs (VA) issues a decision, veterans usually have appeal rights to challenge the outcome. But what happens when years have passed, appeal deadlines have closed, and a veteran later realizes VA’s decision was simply wrong? This is where a CUE claim may come into play. What is a CUE Claim? […]
When obesity qualifies as a “disability” under 38 U.S.C. § 1110
The U.S. Court of Appeals for Veterans Claims recently issued a decision in Adams v. Collins, holding that obesity may qualify as a disability under 38 U.S.C. § 1110 if it results in a functional impairment of earning capacity. This marks a significant change from VA’s longstanding position of excluding obesity from being considered a disease or disability for […]
PRECEDENTIAL: Ingram v. Collins’ Impact on VA Disability Ratings for Musculoskeletal Conditions
The recent precedential decision in Ingram v. Collins has brought significant clarity to how the Department of Veterans Affairs (VA) must evaluate musculoskeletal conditions for disability ratings. The Court held that the VA cannot consider the ameliorating effects of medications, such as Motrin, Tramadol, Indomethacin, or similar pain relievers when determining the severity of a […]
Reforming Veterans’ Benefits Representation: Protecting Veterans Through Accountability and Accreditation
The landscape for veterans seeking assistance with their disability claims is changing rapidly, with new laws and proposals aiming to strike a balance between safeguarding veterans and ensuring they have access to quality representation. The House Veterans Affairs Subcommittee on Disability Assistance and Memorial Affairs held a legislative oversight hearing on Wednesday, March 5, 2025, […]