Veterans Legal Lowdown: VA Benefits Explained

VA may not need to keep reexamining your disability if your condition is considered static under 38 CFR § 3.327. In this episode, CCK Law Founding Partner Robert Chisholm explains the difference between “static” and “likely to improve,” why the future exam checkbox on your VA rating decision matters, and how unnecessary reexaminations could put your benefits at risk. Learn how medical evidence, lo...

An intent to file can be one of the most important first steps in the VA disability claims process, helping veterans preserve their effective date and potentially secure significant backpay while preparing a full application. In this episode, CCK Law Founding Partner Robert Chisholm explains how intent to file works, why timing matters, key deadlines to know, and how this simple action could help...

In this episode, CCK Law discusses how VA disability claims are frequently denied not on the merits, but on procedural technicalities: the wrong form, a missed deadline, or a single unchecked box. Under 38 CFR 3.155, veterans must use VA-prescribed forms, and filing timing directly determines the effective date, which dictates how far back retroactive benefits are paid. Tune in to learn more! For...

In this episode, CCK Law's Brad Hennings explains how veterans may qualify for VA disability compensation for COVID-19 residuals, including how presumptive service connection works, what evidence is needed to link ongoing conditions to service, and how VA rates long COVID and related chronic symptoms. Tune in to learn what VA looks for when evaluating COVID-related claims and how veterans can stre...

In this episode, CCK Law's Brad Hennings explains how veterans may qualify for VA disability benefits even without a formal diagnosis, including how the landmark Saunders v. Wilkie decision changed the rules for chronic pain, fatigue, and other undiagnosed conditions. Listen to learn more about what VA looks for when evaluating functional impairment, what evidence is needed to support a claim, and...

VA aid and attendance benefits can be confusing because there are two separate programs: “Pension-Based Aid and Attendance” and “Special Monthly Compensation (SMC) Aid and Attendance.” In this episode, former Veterans Law Judge Brad Hennings explains the key differences between these VA benefits, including eligibility requirements, income and net worth limits, service-connected disability criteria...

Understanding why some VA disability claims are harder to win can make all the difference in your case. In this episode, we break down several of the most challenging types of claims veterans face and explain what makes them so complex. We also outline the kinds of evidence and strategies that can help strengthen your claim and improve your chances of success. Tune in to learn more!

Most VA disability claims come down to one thing: evidence. In this episode, CCK Law walks through how veterans can gather and submit the right evidence to support a strong VA claim. From service records and private medical records to nexus opinions and lay statements, understanding what to include, where to find it, and how VA evaluates it can make a real difference in the outcome of your case. T...

Understanding the difference between SMC-L and SMC-R1 can have a direct impact on your VA disability compensation, but many veterans are confused as to how these aid and attendance benefits work. In this episode, CCK Law Partner Brad Hennings breaks down how each level fits into the Special Monthly Compensation system, what VA looks for when evaluating eligibility, and why these two benefits are n...

Little-known procedural rules and technicalities can lead to many veterans being denied VA benefits. However, this does not mean their cases lack merit. Navigating the VA claims process is complicated, but in this episode, CCK Law Partner Michael Lostritto and supervising attorney Alyse Phillips break down 5 important topics all veterans need to understand. Tune in to learn more! For more informat...

There are many veterans who experience conditions that worsen over time. These conditions may also fluctuate, but these “bad days” are not always reflected during a C&P exam or within a VA disability rating. Understanding how VA evaluates flare-ups can make a real difference. In this episode, CCK Law breaks down what veterans should know about flare-ups, including how they factor into VA disabilit...

Many veterans believe that retirement disqualifies them from Total Disability based on Individual Unemployability (TDIU), but that is not what VA law says. In this episode, CCK Law Partner Brad Hennings explains how VA evaluates TDIU eligibility under 38 CFR § 4.16, why retirement status does not automatically disqualify a veteran, and how factors like functional limitations, marginal employment,...

Many veterans approaching age 65 wonder how VA disability benefits and Medicare interact and whether enrolling in one affects the other. In this episode, CCK Law partner Brad Hennings explains how these two federal systems work together, address common misconceptions veterans hear about losing benefits, and highlights why understanding the relationship between VA disability compensation, VA health...

CCK Law's Maura Black and Ethan Muckelbauer break down essential VA claim tips every veteran should know, including the five primary ways to establish service connection, how to understand confusing VA terms like nexus and presumptive service connection, and practical strategies for gathering the strongest evidence to support your VA disability claim. Our attorneys also explain how VA math works,...

There are many common terms that veterans can encounter during the VA disability claim and appeal process. Some of these terms, however, can be confusing. Understanding these concepts can help veterans navigate the process and recognize how VA evaluates their claims. In this episode, CCK Law Partner Maura Black is joined by Lead Advocate Ethan Muckelbauer to discuss some of these terms, including...

Is there more than one way to establish service connection for VA disability benefits? Yes. In this video, CCK Law Partner Maura Black is joined by Lead Advocate Ethan Muckelbauer to explain the 5 ways veterans can establish service connection when seeking VA disability benefits. These pathways include direct service connection, secondary service connection, presumptive service connection, and oth...

A major federal court decision just changed how VA must apply Special Monthly Compensation. In this episode, CCK Law partner Brad Hennings discusses Barry v. McDonough, in which the Federal Circuit made clear that VA cannot automatically limit veterans to a single intermediate SMC rate increase. For veterans with multiple severe service-connected disabilities, this could mean higher monthly compen...

Total Disability based on Individual Unemployability — or TDIU — is a VA benefit that pays veterans at the 100% disability rate when their service-connected conditions prevent substantially gainful employment. In this episode, CCK Law partners Emma Peterson and Christine Clemens break down TDIU and walk through the two main paths veterans can take to obtain this important benefit. They also cover...

Many veterans believe that retirement means the end of their VA disability compensation. Many also believe that receiving retirement income will automatically disqualify them from VA benefits. In this episode, CCK Law Founding Partner Robert Chisholm explains why this isn’t true. He discusses how VA disability compensation interacts with Social Security retirement, military retired pay, the “VA Of...

The House of Representatives has passed a new bill that could eventually affect how long veterans wait for VA appeal decisions. It is called the "Veterans Law Judge Experience Act.” In this episode, CCK Law Partner Brad Hennings explains what the bill does, why decision quality matters at the Board of Veterans’ Appeals, and more. Tune in to learn what this means for veterans! For more information,...

Many veterans believe a Permanent and Total (P&T) VA disability rating can never be reduced. P&T ratings provide strong protection for veterans, but there are, however, some legal situations when VA may still propose a reduction. In this episode, CCK Law Founding Partner Robert Chisholm explained the four main triggers VA relies on to reduce P&T ratings. These triggers include fraud, clear and unm...

VA disability compensation is a complex process, and there are benefits that some veterans may overlook or misunderstand. In this episode of CCK Law's Veterans Legal Lowdown Podcast, Partner Michael Lostritto and Lead Advocate Dallas Aguiar take a closer look at several VA benefits that frequently cause confusion, including special monthly compensation, back pay, dependency benefits, and tinnitus...

Thousands of VA disability claims were approved without proper review, and VA is now reexamining those decisions. Veterans affected by these rubber-stamped claims may face benefit reductions, overpayment notices, or loss of VA disability compensation, including TDIU and Special Monthly Compensation. This episode explains what is happening, the risks involved, and more! For more information, visit...

In 2025, the VA announced a historic reduction in its disability claims backlog, processing millions of compensation and pension claims at a record pace. While faster decisions can mean shorter wait times for veterans, speed does not always equal accuracy. In this episode, CCK Partner Brad Hennings breaks down what the VA’s backlog numbers mean, why high-volume processing can raise concerns, and m...

A denial from the Board of Veterans’ Appeals is not always the end of a VA disability claim. In this episode, CCK Law Partner Brad Hennings explains common red flags in BVA decisions that may support an appeal to the Court of Appeals for Veterans Claims (CAVC), including legal and procedural errors that can lead to a remand or reversal. Tune in to learn more! For more information, visit our websit...