Scar disabilities are rated under 38 CFR §4.118, diagnostic codes 7800-7805. Scars are rated based on the number of scars or disfigurements a veteran has, the area of the body affected, their permanence, and the presence of pain or instability.

If one were to just look at the VA system from a distance, one would immediately assume inefficiency and bureaucracy cause the delays in such a large system, and that would be partly correct. But, it is often overlooked that a major cause of the delays in the VA system is because the system is replete with protections for our nation’s veterans.

This podcast will highlight three of the ways Congress has expressed a “special solicitude” for the veteran in the benefit process.

In the event of an emergency, when a VA facility is not the nearest medical facility, do not delay treatment by attempting to request VA payment authorization first. Instead, proceed to the nearest emergency room to get the care you need. A medical emergency is generally defined as a condition of such a nature that a prudent layperson would reasonably expect a delay in seeking immediate medical attention to be hazardous to life or health.

It is impossible to listen to or read news reports concerning the VA without finding volumes of information, mostly negative, regarding the delays in the benefit system. What likely will not be found is information explaining why some of the reasons for the delays in the system are actually positives. This podcast will address the aspects of the Veterans Appeals Improvement and Modernization Act.

Appeals process: The multi-stage appellate process is available to you after you have already received one or more decisions on your claim, but disagree with some aspect of VA’s decision.  During the appellate process, an appeal undergoes additional independent reviews, often multiple times and by different adjudicators, as you or your representative submit new evidence and/or a new argument. Nearly 74 percent of appeals are from Veterans who are already receiving VA disability compensation, but are seeking either a higher level of compensation or payment from an earlier effective date.

VA has modernized and updated its appeals process to better ensure Veterans receive the benefits they deserve in a more-timely manner.

Well before its official creation, Abraham Lincoln defined the VA’s primary goal in his Second Inaugural Address: “to care for him who shall have borne the battle.”  Many would agree the VA’s secondary goal is to provide veterans their benefits as quickly and efficiently as possible.

When a veteran files a new claim, the VA will issue a rating decision that must contain the following: what issues were decided, summary of evidence considered by the VA, summary of applicable laws and regulations, identification of findings favorable to the claimant, explanation of why claim was denied, explanation of how to get evidence used in making the decision, and identification of criteria that must be satisfied to grant service connection or the next higher level of compensation. After this rating decision, you have one year to take action. You are to appeal for a higher review at the RO, file new evidence or file an NOD to go to the Board of Veterans’ Appeal

Commonly known as the “Forever GI Bill,” the Harry W. Colmery Veterans Educational Assistance Act of 2017 picked up its nickname due to its main provision which eliminates the current 15-year use-it-or-lose-it constraint of the Post 9/11 GI Bill education benefit. This time limitation has been one of the sticking points of the Post 9/11 GI Bill with veterans and many veteran organizations since the implementation of the Post 9/11 GI Bill back in August 2009. While removing this “feature” is important, it’ just one benefit change of many contained within the unprecedented Forever GI Bill.

The Senate unanimously passed the Blue Water Navy Vietnam Veterans Act. The bill intended to guarantee disability benefits to 90,000 veterans is now headed to the president's desk for a signature.

Blue Water Navy veterans receive their VA disability benefits for exposure to the cancer-causing toxin appeared to be finished. The Justice Department dropped its appeal of a federal court decision from earlier this year.

Procopio v. Wilkie reversed a 1997 VA decision to deny that so-called "Blue Water" veterans were exposed to Agent Orange while serving in the waters off Vietnam. The Procopio decision ruled that the VA should presume those sailors were exposed to the toxic chemical at some point during their service, and grant them the same benefits as other Vietnam veterans.

Months after the Federal Court of Appeals ruled in favor of thousands of Vietnam vets receiving healthcare coverage for illnesses related to Agent Orange, the secretary for the Department of Veteran Affairs issued a stay on pending claims for Blue Water Navy vets until January 2020.

After you have applied for VA service-connected disability compensation, you will eventually receive a phone call or a letter from the VA asking you to come to a Compensation and Pension exam (C&P exam). If you have several disabilities, you may be asked to report for several C&P exams. This is a routine request.

Commissary, Military Service Exchange, and MWR access extended to more Veterans.

New law provides eligible Veterans and Primary Family Caregivers with access to DoD and Coast Guard commissaries, exchanges, and morale, welfare, and recreation retail services.