Veterans Legal Lowdown is a podcast created by Chisholm Chisholm & Kilpatrick LTD, a law firm representing veterans nationwide on their VA disability claims. In each episode, our legal team breaks down a veterans law topic--from Burn Pits to Traumatic Brain Injuries (TBIs) and VA claim hacks to the latest VA news. This is CCK On Air.
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In this video, we will breakdown the monthly rate VA DIC recipients will receive in 2024! DIC, or dependency and indemnity compensation, is a monthly benefit paid by VA to surviving dependents of a veteran whose death was related to their military service or a service-connected condition. DIC has exclusive rates and is separate from veterans’ disab…
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The Department of Veterans Affairs (VA) awards special monthly compensation (SMC) to veterans with service-connected conditions so debilitating they warrant a rating higher than 100 percent. In this episode, we will break down the SMC rates for fiscal year 2024 and other key information veterans need to know about their special monthly compensation…
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The Cost-of-Living Adjustment for Veterans’ disability compensation in 2024 was announced at 3.2 percent. In this episode of CCK Live, we will discuss how this change in COLA will affect veteran’s benefits, what the 2024 pay chart looks like, and what veterans can expect for their VA disability benefits in 2024. Tune in to this episode to learn eve…
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CCK Live: Beware of VA Benefits Scams - Warnings from Congress, VA, FTC, & OIG
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In this episode, we are discussing the issue of unaccredited individuals charging veterans and their families illegal fees to file VA claims, obtain medical evidence and nexus letters, and more. A group of 31 members of Congress sent a letter to VA Secretary McDonough addressing the increase in unaccredited individuals profiting off veterans. The l…
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CCK Live: Can Veterans Qualify for PFAS Exposure Compensation and VA Benefits?
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In this episode, we discuss the PFAS lawsuit and your entitlement to VA benefits. PFAS chemicals were used widely in various industries and have contaminated water, food, and air across the U.S. If you believe you have been exposed to PFAS and have been diagnosed with certain cancers after the year 2000, then you may qualify for compensation. What'…
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CCK Live: Board of Veterans’ Appeals (BVA) Meets VA Decision Goal - At What Cost?
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In this episode, we discuss the Board of Veterans’ Appeals decision goal for fiscal year 2023 and explain how this compares to previous years, including a breakdown of the additional funding the department has received in its budget. We review the Board’s productivity and the status of VA’s backlog, give budget insights, estimate cost per case, and…
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CCK Live: Secondary Service Connection for Back Pain and VA Ratings
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A secondary service-connected disability is a disability that results from a condition that is already service-connected. Veterans must provide medical evidence linking their back pain to their already service-connected condition, or a nexus. Common conditions that can lead to secondary back disabilities include hip conditions, foot conditions such…
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CCK Live: Getting Presumptive VA Service Connection for Arthritis
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Tune in for a discussion on establishing presumptive VA service connection for arthritis (meaning you do not need a nexus connecting the disability to service). Veterans can receive VA ratings for degenerative and rheumatoid arthritis and may be eligible for presumptive service connection. Under 38 CFR § 3.309, arthritis is characterized as a chron…
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CCK Live: Decoding VA Disability Benefits: Abbreviations for VA Terms
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Confused by VA terms? You're not alone. Over the course of the VA benefits process, veterans will encounter many abbreviations that VA uses to describe key terms. From your initial VA claim to your decision letter, there may be unfamiliar terms. Join us as we break down common terminology such as C&P Exam, RO, CAVC, BVA, P&T, TDIU, and more. For mo…
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CCK Live: VA Benefits Delivery at Discharge - BDD Program Explained
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Service members who are separating and plan to file for disability compensation can file their claim before separation through VA’s Benefits Delivery at Discharge program. The Benefits Delivery at Discharge, or BDD, program allows service members to apply for VA disability compensation benefits between 180 to 90 days prior to separation. Tune in to…
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CCK Live: VA Disability Rating for Peripheral Neuropathy Explained
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In this informative episode, learn which VA rating you may be eligible for if you are suffering from peripheral neuropathy. Veterans may receive service connection for peripheral neuropathy on a direct basis, by secondary service connection, or through presumptive service connection. It’s important to note that VA does not have a specific code for …
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CCK Live: 5 Most Common Letters Veterans Receive & What They Mean
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Discover the Top 5 Letters Veterans Receive from VA. In this informative episode, we discuss the most frequent letters veterans and their families receive when seeking VA disability benefits, including requests for records, notice of improper form, C&P exam requests, Notice of Action letters, and dependency benefit notifications. Be sure to tune in…
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CCK Live: Special Monthly Compensation (SMC T) for TBI: CAVC VA Benefits Case
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Tune in to this informative episode of CCK Live to learn about a case involving Special Monthly Compensation (SMC) for Traumatic Brain Injuries at the U.S. Court of Appeals for Veterans Claims (CAVC). SMC allows veterans to be compensated beyond the 100 percent VA disability rate, and one level of SMC exists exclusively for TBIs. In this case, CCK …
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CCK Live: 5 Secondary Claims That Can Increase Your VA Disability Rating
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In this episode, we are discussing five secondary service connection claims that could increase your VA disability rating. If a veteran files for and is granted service connection for more than one condition, each conditions receives its own VA rating. If you receive multiple ratings, they will be added together using VA math to form a combined dis…
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There are several types of VA benefits available to elderly veterans. Eligible elderly veterans could qualify for many VA benefits such as: VA pension, Aid and Attendance, Housebound, and geriatric care at VA healthcare facilities or community centers. Tune in to learn how to qualify for these VA benefits! Follow us on social media: YouTube…
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CCK Live: 6 Reasons Why VA Might Reduce Your Disability Rating
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Why does VA reduce veterans’ disability ratings? VA assigns disability ratings to ensure that each veteran is compensated for their current level of disability. If VA identifies evidence suggesting a condition has improved or anticipates that it will improve over time, VA will schedule an evaluation of the veteran’s condition and can potentially re…
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CCK Live: Preparation for Decision in VA Claims - What It Means
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Learn what it means when your VA claim status reads as "Preparing for Decision" throughout the process of getting a decision on your VA claim. Is this stage a good sign for your VA claim? How long should veterans expect to wait from this stage? Plus, learn how to track your VA claim status. Follow us on social media: YouTube - htt…
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How should you prepare for a C&P exam? How much weight do C&P exams hold? What are tips for attending C&P exams? Can I bring someone with me? Join the CCK Team in this episode of CCK LIVE as we discuss common questions we hear about VA compensation and pension exams and provide valuable tips to know before attending. For more information, visit our…
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CCK Live: Top 3 VA Special Monthly Compensation Level K (SMC(k)) Rates
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For some veterans, a 100% VA disability rating does not adequately capture the severity of their condition(s). In these cases, a veteran may receive Special Monthly Compensation, or SMC. SMC is awarded to veterans with service-connected conditions so debilitating they require a rating higher than 100%. There are different levels of Special Monthly …
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CCK Live: Texas Benefits Town Hall - Guide to State-Sponsored Veterans Benefits
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While VA offers benefits to eligible veterans across the country, each state also offers certain benefits for veterans residing in that state. Texas veterans may qualify for a range of veterans benefits, including housing and loan assistance, educational assistance through the Hazelwood Act, employment opportunities and preferences, recreational li…
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Veterans with a 100% VA disability rating are entitled to the highest amount of monthly compensation from VA. However, there are several other benefits veterans with a 100% rating can get, such as permanent and total (P&T) status, VA healthcare benefits, and state veterans benefits. Tune in to learn more about the 5 benefits you can get with a 100%…
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CCK Live: What to Expect at a Compensation and Pension (C&P) Exam For Depression
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Compensation and pension, or C&P exams, are a typical part of the VA disability benefits process. C&P exams are weighed heavily by VA when determining if a veteran's condition is service connected and assigning a disability rating. As mental health conditions are common among veterans, VA conducts many C&P exams for depression, anxiety, PTSD, and o…
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CCK Live: What is VA's Presumption of Soundness for Disability Benefits Claims?
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VA's presumption of soundness states that every veteran shall be taken to have been in sound condition when examined, accepted, and enrolled for service. In other words, veterans are presumed healthy upon entry into service unless otherwise noted. Listen to this podcast to learn more about the presumption of soundness, as well as VA's presumption o…
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CCK Live: How to Get the Highest Rating for Post-Traumatic Stress Disorder (PTSD)
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The highest possible rating for post-traumatic stress disorder, or PTSD, is 100%. A 100% rating means that a veteran’s PTSD symptoms are so severe that they are totally impaired and unable to function in daily life. VA assigns PTSD ratings based on the veteran's level of social and occupational impairment, as well as the frequency, duration, and se…
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CCK Live: 3 Ways VA Can Take Away Your Veterans Disability Benefits
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Sometimes VA disability ratings are protected, meaning they cannot be reduced or taken away. However, there are certain situations in which VA can take away a veteran's disability benefits, such as if the veteran committed fraud or a clear and unmistakable error (CUE) occurs. To learn about the 3 ways VA can take away your disability benefits, tune…
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CCK Live: Can I Get a VA Rating Without a Compensation and Pension (C&P) Exam?
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Compensation and pension, or C&P, exams are evaluations ordered by VA as part of the claims process. C&P exams are used to evaluate a veteran’s condition(s) to determine if service connection is warranted and, if so, to gather evidence to assign a disability rating. However, VA C&P exams are not necessary for every disability claim. Tune in to lear…
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CCK Live: 70% VA Disability Rating - Benefits for Veterans Rated at 70%
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When a veteran seeks service connection for a condition or disability, VA assigns a disability rating based on severity. Ratings range from 0 to 100% and determine the amount of monthly compensation a veteran will receive. Veterans with a 70% VA disability rating are entitled to certain additional VA benefits, such as TDIU, GI Bill benefits, DIC, a…
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CCK Live: VA Claim Effective Date Mistakes: 4 Ways Your Effective Date Could Be Wrong
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An effective date is used by VA as a start date for the payment of disability benefits for a claim. In other words, this is the date that a benefit became effective. Sometimes, this is not the earliest possible effective date, and there are several ways to argue for an earlier effective date if you believe you are entitled. Tune in to learn more ab…
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CCK Live: VA Disability Benefits For Pes Planus With Plantar Fasciitis
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Pes planus, or flat feet, and plantar fasciitis are to common conditions for which veterans seek VA disability compensation. Additionally, having pes planus, or flat feet, can be an aggravating factor for plantar fasciitis. Tune in to learn how veterans can get service connected for both of these conditions, how they are rated, and more. For more i…
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CCK Live: Is VA Granting PACT Act Claims for Disabled Veterans?
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The Honoring Our Promise to Address Comprehensive Toxics (PACT) Act is a bill that was signed into law in 2022 and expands VA disability benefits and health care coverage for toxic-exposed veterans. Veterans who qualify for benefits under the PACT Act can file a claim in the same way they would for any other claim. Tune in to learn how many PACT Ac…
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In general, VA should not consider age as a factor when evaluating a veteran’s eligibility for service-connected disability. However, there are two situations in which VA can take age into account for a VA claim or appeal. Tune in to learn more about how a veteran's age can affect their VA claim, including expedited VA claims, reevaluations, and mo…
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CCK Live: VA Disability Compensation, Drug & Alcohol Use: Can You Get VA Benefits?
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While veterans cannot be directly service connected for drug or substance, they can be compensated for substance abuse as a symptom if the substance abuse is attributed to a service-connected disability, such as a psychiatric condition. Additionally, VA offers several services to veterans struggling with substance and drug abuse, including rehab an…
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In recent years, the backlog of claims and appeals at both VA and BVA has increased significantly. Veterans often must wait years to receive their earned benefits and disability compensation. With the passage of the PACT Act in August 2022, hundreds of thousands of new claims have been filed. Tune in to hear about how many PACT Act claims are curre…
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VA deems a disability “permanent” when it is reasonably certain, based on medical evidence, that the level of impairment will continue for the rest of the veteran’s life. When VA decides a veteran’s service-connected condition is permanent in nature, it no longer requires the veteran to attend re-examinations. Join the CCK team as we discuss perman…
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CCK Live: VA's Budget and Legislative Proposals for Fiscal Year 2024
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Each year, VA proposes a budget that outlines where it would like funding to go and its priorities for the upcoming year. This is the largest budget proposal in U.S. history for veterans, their families, caregivers, and survivors. Join the CCK team as we discuss how VA plans to allocate this budget across the department, with special focus on veter…
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CCK Live: High Value Mental Health VA Disability Benefits Claims
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Certain mental health conditions are considered “high value claims” because veterans have a high likelihood of getting at least a 30% VA rating. Tune in to learn about high value mental health VA claims, evidence you need to win your case, common secondary disabilities to mental health conditions, and more. Don’t miss out on this informative episod…
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CCK Live: VA Form 21-526EZ for Disability Benefits - Step by Step How-To Guide
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VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits, is a formal application for VA disability benefits. Veterans are required to submit this form to start the VA claims process for service-connected compensation. Join the CCK team as we discuss how to fill out Form 21-526EZ, what information you will need, w…
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CCK Live: New Gulf War VA Presumptions & Gulf War Syndrome - 2023 Update
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Many veterans who served in the Persian Gulf War developed unexplained illnesses and symptoms collectively referred to as Gulf War Illness or Gulf War Syndrome. VA has since created a Gulf War Presumption for these veterans. Join the CCK team as we review VA’s Gulf War Presumption, discuss important updates, and talk through changes made by the PAC…
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CCK Live: CAVC Case Win - Earlier Effective Date for Veteran's Heart Disease
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Join the CCK team as we discuss a Vietnam veteran who sought our help in securing an earlier effective date for his service-connected coronary artery disease following a Board of Veterans’ Appeals denial. Tune in to learn more about the Board denial and how we argued the case. We will also review the CAVC appeal process and the outcome for the vete…
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CCK Live: VA Rating Too Low? How to Increase Your VA Disability Benefits
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Ultimately, a higher disability rating means a greater amount of monthly compensation. Veterans whose VA ratings are too low or whose conditions have worsened since their initial disability rating may seek an increased disability rating. Join the CCK team as we discuss how to increase your VA disability rating, tips for securing a higher rating, an…
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CCK Live: What to Do if VA Denies Your PACT Act Disability Benefits Claim
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The 2022 PACT Act expands VA disability benefits and health care coverage for toxic-exposed veterans. Veterans who qualify for benefits under the PACT Act can file a claim in the same way they would for any other claim. However, many veterans still face denials on their PACT Act claims. Join the CCK team to learn how to appeal a denied PACT Act cla…
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Are you wondering what happens to your VA benefits after death? On this episode of Veterans Legal Lowdown, the CCK team explains what happens to VA payments when a veteran passes away. We also review types of benefits available for surviving dependents of disabled veterans, such as DIC, pension, accrued benefits, DEA, and more. Tune in for more inf…
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While there are numerous conditions for which a veteran may be service connected, some disabilities are more common than others. Join the CCK team as we discuss the most common conditions among veterans in Fiscal Year 2022, according to VA’s Annual Benefits Report. We will also review VA’s disability ratings for these conditions. Tune in for more i…
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CCK Live: Depression and PTSD VA Ratings - How Mental Health Ratings Work
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Depression and post-traumatic stress disorder (PTSD) are two of the most common mental health conditions among veterans. VA rates both conditions using VA’s General Rating Formula for Mental Disorders. Join this CCK team as we discuss VA’s ratings for depression and PTSD. Tune in to learn more! For more information, visit our website at cck-l…
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CCK Live: Denied VA Claim? Here's How CCK Secured TDIU Benefits for This Veteran
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CCK argued at the Court of Appeals for Veterans Claims on behalf of a veteran client who was seeking entitlement to Total Disability based on Individual Unemployability, or TDIU. On this episode of Veterans Legal Lowdown, the CCK team reviews the veteran’s case and discusses how CCK helped him successfully appeal the decision after he received a Bo…
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CCK Live: New Laws for Veterans and Service Members in 2023 NDAA
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The National Defense Authorization Act, or NDAA, is a policy and spending bill for the Department of Defense that passes through Congress every year. This year's bill includes several provisions that will impact servicemembers and veterans, including military pay raises, housing benefits, childcare programs, military justice reforms, health care im…
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CCK Live: VA Survivor Benefits Claims - Common Mistakes Dependents Make
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VA offers several survivors benefits to dependent spouses, children, and parents of military veterans who have passed away. VA survivor benefits include Dependency and Indemnity Compensation (DIC), accrued benefits, survivors’ pension, and more. Tune in to this week’s episode of the Veterans Legal Lowdown to learn about mistakes claimants make when…
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CCK Live: High Value Secondary VA Claims - VA Benefits for Secondary Conditions
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Filing secondary claims can help veterans reach a higher level of VA compensation. As with any VA claim, some conditions tend to receive higher ratings thanothers. On this episode of Veterans Legal Lowdown, CCK is reviewing the most commonly filed high value secondary claims. Don’t miss out on this informative episode! For more information, visit o…
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CCK Live: How to Use DBQs in VA Claims: Disability Benefits Questionnaires
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Disability Benefits Questionnaires, or DBQs, are downloadable forms created for veterans’ use in the evaluation process for VA disability benefits. Specifically, DBQs are intended to give veterans more control over the disability claims process. Join the CCK team as we discuss how to use DBQ forms in VA claims. Don’t miss out on this informative up…
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VA rates migraine headaches from 0 to 50 percent, with criteria based on severity and frequency of the migraines. On this episode of Veterans Legal Lowdown, CCK is discussing how to get a 50 percent rating for migraines. We review valuable types of evidence for migraine claims, including lay statements and medical opinions. Be sure to listen to thi…
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