VA Law Blog – Cameron Kroeger, Attorney

Walleman v. McDonough, 35 Vet App. 294 (2022)This is a case regarding the VA’s anti-pyramiding rule. The anti-pyramiding rule prevents compensating veterans twice for the same disabling symptoms.   Background:The veteran was granted a 10% rating for his left knee under diagnostic code (DC) 5259, for symptoms following removal of the semilunar cartilage. The veteran argued…

Atilano v. McDonough, 35 Vet. App. 490 (2022)  This is an important decision about the right to have a Board of Veterans’ Appeals (BVA) hearing, even if the veteran cannot attend it. Background:  At the Board hearing, the veteran’s counsel attended with an expert witness in order to testify about the veteran’s PTSD rating and eligibility…

On Monday, August the 8th 2022, President Biden signed into law the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, or the PACT Act. This Act expands the list of locations for presumptive agent orange exposures during the Vietnam Era, and it adds two more disabilities to the…

The PACT Act, signed into law on August 10th, 2022, greatly expands compensation benefits available to Vietnam Era, Gulf War, Operation Enduring Freedom (OEF), and Operation Iraqi Freedom (OIF) veterans. While the PACT Act adds new locations for presumptive agent orange exposure, it does not cover all locations where agent orange was used or stored.…

A lot of disabled veterans I talk with tell me they are happy with their rating, and they do not feel it is worth reopening previously denied claims, or filing new claims, since they do not need the money. However, there are benefits besides money that go along with a higher rating. The higher the rating, the greater your collateral benefits. Higher ratings also help…