Will My Partner Receive My VA (Veterans Affairs) Disability When I Die?
Andrew P. Gross Law Blog
by admin
3M ago
Veterans will often ask if their spouses, partners, and children if they will receive VA Disability after their death. The answer is that there are certain circumstances where a Veteran’s family might receive benefits if the Veteran dies, and the type of benefit depends on the circumstances surrounding the Veterans death. Family members may be eligible for a benefit known as Dependency and Indemnity Compensation (DIC) under certain circumstances, such as: – The Veteran dies while in the line of duty. – The Veteran dies as a result of a service-connected disability or disease.  – The Veter ..read more
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Can A 100% Disabled Veteran own a Business?
Andrew P. Gross Law Blog
by admin
3M ago
A frequently asked question amongst many veterans is: Are 100% disabled veterans allowed to own a business and continue to collect VA benefits, the answer, is yes, but there is an exception to this rule. First, it is important to distinguish being having a disability rating of 100%, versus the VA paying the Veteran at 100% because they qualify for “Total Disability due to Individual Unemployability” The exception to the rule on owning a business is somewhat complicated and applies when a Veteran are receiving TDIU. If a Veteran is receiving TDIU, they are not permitted to make any work-related ..read more
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The Three Pillars of a Successful VA Disability Claim
Andrew P. Gross Law Blog
by admin
3M ago
There are certain conditions that the VA does not consider eligible for service connection, such as congenital or hereditary diseases and conditions, these may have developed due to the veteran’s own willful misconduct. To alleviate the process of filing a claim there are 3 main pillars of a successful VA disability that has to be taken into consideration, namely; The In-service event Current disability or condition Medical Nexus Element 1: In-Service Event, Injury, or Illness The event, injury, or illness does not have to have been incurred in a combat situation; any illness, injury, or eve ..read more
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How Do I Know If My VA Disability Is Permanent?
Andrew P. Gross Law Blog
by admin
3M ago
Disability ratings that have been in effect for a particular period of time are protected by the VA. Your VA disability rating may become permanent in some instances and the VA may terminate or alter a veteran’s disability rating based on particular circumstances unless certain regulatory protections kick in. The Department of Veterans Affairs (VA) will assess your service-connected condition to see if it still requires a specific disability designation. The Veteran’s disability rating may be decreased if the VA deems that the Veteran’s condition has improved. When Your VA Disability Rating Mi ..read more
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Are There Grants for Disabled Veteran’s?
Andrew P. Gross Law Blog
by admin
3M ago
The Department of Veterans Affairs has expanded the Specially Adapted Housing (SAH) grant program not only to cover less severely injured veterans but also to increase the number of veterans who can participate. This program is meant to assist seriously injured veterans in making their houses safe and liveable. The changes were made effective on August 8, 2020, and on October 1st, 2020, and some veterans participating in the grant program became eligible for twice the amount as previously given before. Do you qualify for a SAH Grant? Both of these must be true: You own or you will become the ..read more
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What is the Most Common Disability?
Andrew P. Gross Law Blog
by admin
3M ago
Veterans all across the country approach the Department of Veterans Affairs for various service-connected disabilities, as many veterans suffer from traumatic brain injuries (TBIs) as a result of severe injuries or improvised explosive devices (IEDs), but some of the most common claims are all linked, directly or indirectly to Tinnitus  What is Tinnitus? Tinnitus is a term used to describe the sensation of noise or ringing in the ears. Tinnitus is frequently an indication of a more serious issue, such as hearing loss, ear injury, or a circulatory system problem. This is characterized by p ..read more
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What Is The Claims File?
Andrew P. Gross Law Blog
by admin
3M ago
In short, the “Claims File,” or “C-File” for short, is your entire record at the Department of Veterans Affairs (VA). At its most basic level, your claims file is everything the VA has in relation to your claim(s) for benefits and compensation. What does the C-File contain? The C-File will contain (or should contain) all medical and non-medical records gathered by the VA during the course of the claim, including: Medical Records from the Veteran’s time in service, also known as “Service Treatment Records” Military personnel file Claims filed by the Veteran Claim and Pension (C&P) Exams Me ..read more
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Common Mistakes – Not Evaluating TDIU
Andrew P. Gross Law Blog
by admin
3M ago
What is TDIU? TDIU (Total Disability based on Individual Unemployability) is a disability benefit that allows veterans to be compensated at a 100%, without being a scheduler 100%, which means that all ratings add up to 100%. When a veteran can’t work, they should be compensated at that 100% level because they are unemployable and TDIU is awarded when you’re unable to secure substantially gainful employment because of your service-connected disabilities. When veterans apply for TDIU, a few aspects can be overlooked or the claim can either be incorrectly evaluated, sometimes essential details or ..read more
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Maryland State Property Tax Exemption Benefits
Andrew P. Gross Law Blog
by admin
3M ago
Veterans with a 100% rating from the VA for permanent and total disability are exempt from paying property taxes on their homes. This means that they will not have to pay taxes on the home they use as their legal residence. The History The Maryland State Codes, MD Tax Property §7-208, has provided tax exemptions for disabled veterans and their surviving spouses since May 31, 2010. The section allows for tax refunds when taxes have already been paid, and for pro-rated exemptions when part of a taxable year still remained after the disabled veteran applied. This has been amended six times, most ..read more
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What is Clear and Unmistakable Error (CUE)?
Andrew P. Gross Law Blog
by admin
3M ago
Clear and Unmistakable Error (CUE) is a highly specialized and rare type of error that when brought to the attention of later reviewers, shows that the outcome would have been dramatically different if not for the error. This could have dramatically changed the outcome of your claim as well as the monthly benefits you receive. A request for revision based on clear and unmistakable error is a method of appealing the VA’s final judgment. A CUE-based request for revision is not a claim in and of itself. It’s a legal way for a veteran to appeal a final VA decision, and each request must fulfill ex ..read more
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