The Department of Veterans Affairs has issued a proposed interim final rule addressing how adjudicators may consider the ameliorative effects of medication when assigning disability ratings. The proposal appears to respond directly to the Court’s decision in Ingram v. McDonough and related precedent. Because this issue affects how a wide range of service-connected conditions are evaluated, the […]
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VA Extends Presumptive Period for Persian Gulf War Veterans Benefits Through 2026
In late October of 2021, the Department of Veterans Affairs announced an important update for Persian Gulf War Veterans seeking disability benefits related to chronic, unexplained illnesses. The VA extended the presumptive period for certain conditions until December 31, 2026. This change helps ensure that veterans whose conditions arise after the previous cutoff date are not […]
New Year New VA Claim: What Veterans Should Review and Revisit in 2026
The start of a new year is often when veterans take stock of their health, finances, and future. It is also an ideal time to review VA disability benefits. Many veterans assume their ratings are final simply because years have passed. In reality, VA benefits are not static, and many conditions worsen over time in ways the VA […]
Supporting Veterans During the Holidays: Recognizing Warning Signs and Accessing Lifesaving Resources
The holiday season can be joyful, but for many veterans it can also be one of the hardest times of the year. Memories of deployments, grief for fallen friends, stress from family gatherings, financial pressure, and seasonal depression often intensify between November and January. Veterans coping with PTSD, chronic pain, anxiety, or major life transitions […]
Honoring Veterans Day Through Service and Community
Veterans Day is more than a holiday for veterans. It is a moment to pause and reflect on the sacrifices of the men and women who have worn the uniform of the United States. At Binder and Watson Law Group, also take this time to reflect on and veterans, and their members, that we have […]
Veterans Deserve Better Than Headlines That Question Their Integrity
The recent Washington Post investigation into alleged fraud within the Department of Veterans Affairs’ disability program has done more harm than good. By spotlighting a handful of sensational cases, the article paints a distorted picture of a system supposedly riddled with deceit, when in truth, it serves millions of veterans with legitimate, often life-altering disabilities. The […]
Evaluating the Use of M21-1 Guidance in Assessing Private DBQs
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 […]