When you file a claim for service-related disability benefits with the Veterans' Administration, the VA will review all the medical and other evidence you submit to substantiate your claim. It will then compare those records to the VA Schedule for Rating Disabilities (VASRD) to assign diagnostic codes. Those codes translate into a percentage rating of your overall disability. A higher rating entitles you to more comprehensive benefits.   { "@context": "https://schema.org", "@type": "FAQPage", "mainEntity": { "@type": "Question", "name": "How Does the VA Assign Disability Percentages?", "acceptedAnswer": { …

VA disability benefits provide a critical financial lifeline for veterans who have been injured in the line of duty. The process of obtaining these benefits can be lengthy, however, and may leave you with difficult questions, such as: “How does the VA evaluate my claim?” and “What evidence do I need for a successful claim?”  { "@context": "https://schema.org", "@type": "FAQPage", "mainEntity": { "@type": "Question", "name": "How Does the VA Evaluate My Claim?", "acceptedAnswer": { "@type": "Answer", "text": "The Two …

{ "@context": "http://schema.org/", "@type": "VideoObject", "name": "Veterans Disability- What are the different Types of Claims?", "description": "n this video Marc Whitehead, a Board Certified Veterans Disability Attorney, explains the different VA Compensation Claims. VA compensation claims are one of the most common types of VA claims. Unfortunately the VA and our government have made the process of obtaining VA benefits difficult, long, and incredibly complex leading to countless denied veterans claims. Many Veterans haven't been told that there are different types of compensation claims and what they have to prove to receive benefits for each type of claim. There are four types of compensation claims. 1- Direct Service Connection Most …

Veterans are entitled to receive benefits other than medical care and disability payments. For example, they could be eligible for occupational therapy, access to counseling to ease the readjustment into civilian life, and discounts on medical equipment. However, the prerequisites for those benefits and how a Veteran can qualify and apply for them can be challenging. { "@context": "https://schema.org", "@type": "FAQPage", "mainEntity": { "@type": "Question", "name": "What Benefits Am I Eligible for as a Veteran?", "acceptedAnswer": { "@type": "Answer", …

The ex-spouse of a U.S. military veteran will be entitled to receive some spousal benefits. However, these benefits may be limited by factors such as how long the spouse was married to the veteran and the number of years of their active service. Further, they may need to take specific actions after the divorce to secure benefits for their ex-spouse. The situation changes again if the veteran passes away before the ex-spouse. { "@context": "https://schema.org", "@type": "FAQPage", "mainEntity": { "@type": "Question", "name": "Do Ex-Spouses of Deceased Veterans Get Benefits?", …

U.S. military veterans can receive excellent medical care at VA medical facilities. However, if it cannot provide the services that a veteran need, a physician might refer them to another facility, medical specialist, or outside the VA network to a private hospital. The VA will pay for the services provided if they have met the eligibility requirements. { "@context": "https://schema.org", "@type": "FAQPage", "mainEntity": { "@type": "Question", "name": "Can Veterans Go to Any Hospital?", "acceptedAnswer": { "@type": "Answer", "text": "U.S. …

Many veterans have returned from service with sinusitis. Unfortunately, obtaining a disability rating for it can be challenging as it is not easily seen or measured. Moreover, the VA’s rules regarding sinusitis differ from other wartime injuries. If you are suffering from this, you need a veteran’s disability claims attorney.  Marc Whitehead & Associates is a well-known and trusted Veterans’ Disability Law Firm. We assist veterans across the U.S. at all levels in their fight to obtain disability compensation. How to obtain a disability rating for sinusitis To obtain a disability rating for sinusitis, you must show a connection to your service. …

When veterans need help with daily functioning, they become eligible for increases to their VA pension known as the Aid and Attendance and Housebound Allowances. Aid and Attendance is sometimes called the Assisted Living benefit because it is often used in assisted living facilities. In addition to helping with the costs of assisted living, money from Aid and Attendance and Housebound pension enhancements can be applied to services in the veteran’s own home. Widows of veterans may also be eligible for the funds. What Makes a Veteran Eligible for Aid and Attendance-Housebound? Specific criteria must be met in order to qualify for either of …

The VA has a duty to assist you with obtaining your military service treatment record (STR). Unfortunately, STRs can be challenging to obtain. Veterans can request them from the military archives or through a VA Copy of File request. Getting these records is a vital step in taking control of your health and wellness. Fortunately, you do not have to deal with the VA on your own. As a part of the disability claims process, a veteran’s claim attorney could help you obtain your military service treatment record. Our team at Marc Whitehead & Associates expertly handle Veterans Affairs disability …

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The surviving spouse, surviving child, or surviving parent of a deceased veteran may be eligible to receive tax-free Dependency and Indemnity Compensation (DIC) from the VA. For each of these three categories of beneficiaries, there are specific guidelines that must be met in order to qualify for monetary benefits. How to Qualify as a Surviving Spouse You may be eligible to receive DIC benefits as a surviving spouse if you satisfy the following criteria: You either lived with the veteran without a break until his or her death, OR If you were separated, you were not at fault for the separation You must also meet …

A VA Survivors Pension—sometimes called the Death Pension—is a monthly, non-taxable payment to a surviving spouse or child when a veteran dies. Your eligibility depends on economic circumstances and proving the veteran’s wartime service. Given the high proof standards, consulting an experienced veterans claim attorney can make the difference when it comes to securing your full VA Survivors Pension in a timely manner. What Economic Circumstances Qualify for a VA Survivors Pension? The pension is intended to help low-income survivors. Therefore, the VA considers your income and assets. The VA Survivors Pension is available to a surviving spouse who has not remarried and …

If you are wondering how to file a VA supplemental claim and you have new and relevant evidence, then you should fill out VA Form 20-0995, which is the Decision Review Request: Supplemental Claim. You can submit this form via regular mail, fax, or in person at a VA regional office. You have one year from the VA’s initial decision in which to file your supplemental claim. The 3 Types of VA Appeals If the VA denies your initial claim, you may be eligible to appeal this decision. If you wish to appeal the VA’s initial decision, you have three different options …

If a veteran sustains a disability due to their military service, they may be eligible to receive disability compensation from the VA. To receive this, the Veteran must accurately and honestly report this disability to the VA. One method that can help support the Veteran’s claim is to have a friend, peer, relative, or colleague write a lay statement. Buddy statements written by a fellow service member can also prove to be a powerful asset for the Veteran. The men and women who serve our country deserve the highest level of care possible when they are injured or become ill as …

The PACT Act of 2022 is a milestone in veterans’ legislation. This new law aims to ensure millions of veterans and survivors receive expanded health care and VA benefits for toxic exposure regarding burn pits, herbicides, contaminated water, and other exposure hazards.   The bill was passed on August 10, 2022. It expands veterans’ health care, the presumption of service connection, ongoing research of toxic exposure and other health issues, and provides essential resources for men and women who were ever exposed to toxic substances during military service. Impacted veterans include those exposed to burn pits in the Middle East/Gulf War region. …

Disabled veterans are due to receive the most significant VA compensation rate increase in over 30 years. The 2023 VA disability pay rates include a Cost of Living Adjustment (COLA) increase of 8.7% to match the Social Security benefit rate increase. VA disability compensation is a benefit payment for veterans who suffered injury or illness while serving in the military or whose service caused an existing condition to worsen. Veterans’ compensation benefits are tax-free at both the federal and state levels. VA bases its 2023 VA disability pay rates on your disability rating and your family situation regarding dependents (specifically, is the …

The most common disability claim filed with Veterans Affairs is tinnitus, which refers to ringing, buzzing, or other sounds in the ears or head. But with nearly 5.2 million veterans receiving VA compensation and over 600,000 pending claims, tinnitus is far from the only disability the VA commonly encounters. Moreover, veterans who can no longer work due to a disabling condition deserve a strong advocate. If you have questions about your claim, contact us at Marc Whitehead & Associates for a confidential consultation. Common VA Disability Claims Tinnitus The VA reports that 2.3 million veterans receive compensation for tinnitus, with another 1.3 million …

At Marc Whitehead & Associates, our veteran disability attorneys thoroughly understand the VA’s rules, including the critical importance of your VA Disability Decision Letter. We have decades of experience and respect the challenges you face. You won’t have to travel to our office--everything can be done remotely. Our compassionate staff will work hard as they gather evidence and build your case. There are no upfront costs until we recover money for you. Our team is dedicated to fighting for your benefits, from the crucial starting point of a VA Disability Letter and onward to an appeal.  What is a VA Decision Letter …

If you served our country and now suffer from a service-related disability, you may be entitled to benefits--even if your discharge was not characterized as honorable. In general, VA benefits do not require an honorable discharge but an other than honorable discharge. Unfortunately, many veterans lose out on critical benefits because they mistakenly believe they are not eligible. Not only may you qualify with discharges that fall short of honorable, but the classification is not set in stone. A military record can be corrected in some cases, allowing veterans to regain eligibility for government-funded programs. { "@context": "https://schema.org", "@type": "FAQPage", …

In the years since the Vietnam War, many veterans have been diagnosed with diseases and medical conditions linked to Agent Orange. Agent Orange was a tactical herbicide used by the military to clear leaves and vegetation. From cancer to hypertension, these health conditions can be serious. If you have been exposed to Agent Orange, it is essential to understand your legal rights. You might be entitled to compensation. A veterans disability benefits claim lawyer from Marc Whitehead & Associates can advise you on eligibility for benefits through the VA. Notable diseases caused by Agent Orange exposure As noted above, many illnesses linked …

Applying for VA disability is a complicated process. It is not unusual for an applicant to make mistakes resulting in a denial of the claim. Perhaps the most common mistake is waiting to file. There is no need to wait until your injury or disease becomes serious. The sooner you file, the better. Procrastinating can cost you a considerable amount in loss of benefits. Here are other common mistakes to avoid: Providing Incomplete Information A great deal of documentation is necessary to obtain VA disability benefits. Getting that documentation is challenging, but without it, your claim will probably be denied. Your information …

The Veterans Administration makes disability payments as a function of the severity of a veteran's service-related condition. In 2022, single veterans who have no dependents and who are deemed to be 100% disabled will qualify for a tax-free monthly payment of $3,332.06. A severely-disabled veteran can qualify for this maximum payment, but the qualification process can be extremely challenging. The lawyers at Marc Whitehead & Associates respect and honor the sacrifice that our veterans have made for our country, and we dedicate our efforts to helping servicemen and women who have sustained disabling injuries get the maximum benefits that they deserve. How …

The good news is that if your claim for VA disability benefits is approved, you are entitled to receive those benefits as of the effective date of your claim. Accordingly, your VA disability back pay will cover the entire period from that effective date and up to the present, when your regular disability payments will begin. The bad news, however, is that the VA is currently processing a backlog of hundreds of thousands of disability claims, and several months or even years might elapse before you recover your full back pay and your ongoing disability benefits. The key to getting your …

To be assigned a 100% disability rating from the VA and receive the maximum benefits available to veterans, it is necessary to prove that your injury or illness was sustained during your military service (including not only active duty but also inactive duty training) and that you are mentally and/or physically impaired to such an extent that you cannot maintain gainful employment. A lower rating could result in less than the true value of your claim, which is why it’s crucial to provide all the evidence possible showing the full extent of your impairment as part of your VA benefits application. …

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In order to prove that IBS (Irritable Bowel Syndrome) is caused by your military service, you'll need to show a clear connection. If you had IBS during your service or after leaving the military, your medical records should confirm it, and your service records should show if anything worsened it during service. Having these records is a necessity for getting benefits or support for your IBS as a service-related condition. What is Irritable Bowel Syndrome (IBS)? Irritable bowel syndrome (IBS) is a common gastrointestinal disorder that affects the normal function of the large intestine. Symptoms of IBS can include abdominal pain, cramping, …

The Department of Veterans Affairs assigns VA disability rates for conditions that are service-connected. The VA’s disability benefits program covers a diverse range of physical and mental conditions. Each condition is rated based on severity, according to the Schedule for Rating Disabilities.  The overall rating you receive plays a big part in how much monthly compensation you’ll get. With countless medical conditions affecting hundreds of thousands of veterans, what does a VA claims processor look for, to be able to rate conditions accurately?  Today we highlight key factors the VA considers when reviewing disability claims. With a clearer idea of what VA …

The VA provides benefits to veterans who have become disabled due to a wide range of medical conditions, including kidney disease. To assess your compensation, the VA board will give you a disability rating, but sometimes the rating doesn't accurately reflect the severity of your kidney disease. What is Kidney Disease? Kidney disease is the name for a wide range of conditions that cause damage to the kidney and impair its function.   The kidneys filter wastes and excess liquids from the blood, which are then flushed out of the body as urine. Severe health problems can result when a kidney begins …

Post-traumatic stress disorder (PTSD) is a very real disability that is often misunderstood. Living with PTSD becomes more devastating when sufferers find they can no longer do their jobs. Getting much-needed disability benefits for PTSD can be particularly frustrating.  If you are struggling with PTSD and cannot work, we can help you obtain the benefits you deserve. Marc Whitehead & Associates is a national law firm advocating for the rights of those who have been disabled by PTSD.  The disorder can afflict anyone exposed to dire stress or trauma, from veterans in combat to individuals who experience or witness a horrible …

A well-written nexus letter, or nexus statement, is a key component of your veteran’s disability claim. Proving to the VA that your disability is connected to your military service is part of the process.  The absence of a great medical nexus statement is a primary cause of initial claim denial. When you’re fighting for your benefits, we can help you obtain the appropriate expert medical opinion on the nexus issue.“Nexus” means a link or a connection. You must show the VA evidence of the link between your current medical condition and (1) another service-connected condition, or (2) circumstances directly related to …

What happens when the decision made by the VA Board in your VA disability benefits claim doesn't turn out the way you hoped? The Board may have ruled that you aren't qualified to receive benefits because your disability wasn't service-related, or you may feel that the rating you received doesn't accurately reflect the severity of your disability. Whatever the reason, the law gives disabled vets the right to appeal the VA Board's decision. But Veterans whose benefits have been denied often want to know how likely it is that the benefits will be approved or increased on appeal. What are The …

Suppose you are a veteran who has developed disabling carpal tunnel syndrome due to your military service. In that case, you may qualify for disability benefits through the United States Department of Veterans Affairs.  What is Carpal Tunnel Syndrome? The carpal tunnel is a structure located inside the wrist. The median nerve, one of the hand’s primary nerves, travels through the carpal tunnel from your forearm into your hand. Constant, repetitive hand, wrist, and forearm motion can place undue stress on the median nerve. Eventually, this repeated squeezing and compression damages the nerve, causing a condition called carpal tunnel syndrome. { "@context": …

Marc Whitehead & Associates are experienced Houston VA disability benefits attorneys who have helped disabled veterans all over the nation navigate the complicated application and appeals process to obtain the full VA disability benefits they deserve. One of the most frustrating things about filing for disability benefits from the Veterans Administration is the long period of time it often takes for the VA to approve a claim. Many disabled veterans struggle with financial problems while awaiting the VA's decision. However, the good news is, once your claim has approved you will be entitled to back payment of VA benefits from the …

Marc Whitehead & Associates are experienced Houston disability benefits attorneys who have helped disabled veterans all over the nation obtain the VA disability benefits they and their families deserve. If you're a disabled veteran and eligible for disability benefits through the VA and have a combined disability rating of at least 30%, you're probably eligible to receive additional disability compensation for a dependent family member as well. The VA considers a dependent to be a: A spouse (The VA recognizes same-sex and common-law marriages) A parent, if you’re directly caring for them and their income and net worth are below a certain amount An unmarried …

As an attorney that handles veterans disability claims, I frequently get the question, “Why hire an attorney on my veterans disability claim when I can use a VSO for free?” As a veteran’s disability attorney, I appreciate the many VSOs who help disabled veterans navigate the grueling VA claim process to submit solid claims that result in fair ratings. We refer many vets to VSO’s when it makes sense. However, I also hear the questions circulating among veterans about the whole “Attorneys vs VSO” issue when it comes to disability benefits. Perhaps the most troubling is the notion that it’s outrageous …

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What every veteran must know about the (now discontinued) RAMP appeals decision process, the new Appeals Reform law (AMA) and how they affect your claim. Now concluded, the RAMP appeals process served as the pilot program for the streamlined, 3-laned review framework as set forth by the new VA appeals law. The modernized VA appeals system takes up where RAMP left off. The Department of Veterans Affairs has significantly overhauled the VA disability claims appeals program. The new law for appeals reform is called the Veterans Appeals Improvement and Modernization Act of 2017. The “Act” is also referred to as Appeals Reform, …

If you suffered a head injury during service, and you have current residuals of TBI, then you may be eligible for veteran’s disability compensation benefits. But don’t let the VA underrate you. Often the VA does not evaluate the long term effects of TBI properly. Should you have questions or need assistance at any stage of your TBI VA claim, call us without hesitation. Our experienced legal team can help you get the highest rating possible. What Is a Traumatic Brain Injury? The Department of Veterans Affairs defines a TBI as: “the physical, cognitive and/or behavioral/emotional residual disability from an event of external force …

New data from the Department of Defense reveals that the prevalence of military sexual trauma, or MST, has reached new heights. Military sexual trauma is the term the VA uses to describe the effects of sexual violence, abuse or harassment experienced by a military service member during active duty. If you are suffering from the effects of military sexual trauma, important veterans’ disability benefits are available to you. If you have questions or need help with a VA claim for MST disability benefits, please call now and speak with us confidentially and without cost. Even if your military sexual assault incident occurred …

Are you wondering why your PTSD rating is so low? If you are unsatisfied with the VA’s decision, it may be possible to increase your PTSD rating. The VA ratings for PTSD—and all mental health claims—are set at the following percentage increments: 0%, 10%, 30%, 50%, 70%, and 100%. But the reality is that far too many veterans do not get the PTSD and other mental health ratings they truly deserve. Veterans with severe mental health conditions, including PTSD, can and should obtain their appropriate 50, 70 or 100 percent VA disability rating. Remember:  when rating your VA disability benefits, the VA must …

Yes—if you are a veteran diagnosed with PTSD (or are living with symptoms and suspect you have the condition) you may qualify for Veterans Affairs (VA) disability benefits, Social Security Disability Insurance (SSDI) benefits, or both. Each program’s eligibility criteria are different and must be met. Basically, PTSD can be the basis for a successful VA compensation claim if the PTSD is service-connected and properly diagnosed. For SSDI benefits, assuming Social Security FICA requirements are met, the veteran needs to satisfy the criteria under SSA’s new medical listing for PTSD – or (as is often the case) the veteran may be granted disability …

Posttraumatic stress disorder (PTSD) is often rated at a level that fails to reflect your actual disabilities and extent or stage of impairment. These and other issues make it very hard for you to get a handle on your PTSD rating. A prevalent disability among U.S. service members, PTSD claims are hard fought battles for fair ratings to cover the life-altering symptoms the veteran suffers each and every day. Swift and just compensation for PTSD is your right. It is important to fight for your benefits, and we are here to assist at a moment’s notice. Generally, VA disability ratings represent service-connected injuries, …

As veterans’ benefits lawyers, we represent TDIU claims on behalf of disabled veterans who cannot work. Many military men and women go overseas with hopes and plans for their futures and careers. Yet too many come home vastly changed. Due to injuries, exposures and diseases sustained during active service, countless veterans return home with no ability to work at all—not only in their desired career path but in in any gainful job. Know this: when your service-connected (SC) disabilities prevent you from working, one path to getting the equivalent of a 100% schedular disability rating is called Total Disability Individual Unemployability (TDIU). The …

Are you a military veteran who can no longer earn a decent living, specifically because a service-connected disability keeps you from doing so? You may qualify for VA unemployability benefits. These benefits are available under a unique rating where the VA pays 100% of total disability compensation to a veteran who can’t work, and whose service-connected disabilities are not rated as 100-percent disabling. This benefit is officially labeled Total Disability Based on Individual Unemployability (TDIU), often shortened to Individual Unemployability (IU). The premise is that the veteran’s service-connected disability (or combined disabilities) is the sole factor that prohibits him or her from …

With recent changes to the law, here is what you need to know about Camp Lejeune presumptive conditions - from fast track disability decisions to appeals. VA currently offers two separate benefits to all qualifying veterans, and certain family members, who served at Camp Lejeune for no less than 30 days (cumulative) from 1953 through 1987. Disability compensation for eight presumptive conditions is granted to veterans exposed to toxic water at the base during the qualifying period; Health benefits or health care cost reimbursement for veterans and family members for 15 conditions associated with their services at Camp Lejeune. Contact our claim denial attorney …

Among the most common claims for which we help veterans in their fight for disability benefits are sleep apnea VA claims. As reported by the Veterans Benefits Administration (VBA) in the 2017 Annual Benefits Report, the three forms of sleep apnea (SA)—obstructive, central, and mixed—lead the way in service-connected respiratory disabilities. VBA’s statistics show that VA awarded 282,323 service-connected sleep apnea ratings. These claims accounted for 26.67% of all body system disabilities in the fiscal year 2017. And that number is growing. But make no mistake: Those numbers represent awarded claims. VA denies the majority of disability claims for this condition. The good news …

If you are a veteran diagnosed with sleep apnea, you may be eligible for VA disability benefits. You may also be one of thousands of servicemen and women frustrated with their service-connected sleep apnea claims and the VA benefits system. And it’s no wonder, as these claims are often denied by VA. Service connection can be tough to prove—especially when it’s been years since active duty. We want you to know that, with the right action and evidence, you can prevail. First, remember that your claim for sleep apnea syndrome is just like any other VA disability claim. You must have or …

This week the Department of Veterans Affairs launches its new, revamped appeals process for veterans disputing their disability claims decisions. The new law is called the Veterans Appeals Improvement and Modernization Act of 2017; or in shortened form, Appeals Modernization Act (AMA). Passed into law in 2017, the Act intends to reform the unacceptable wait times and backlog caused by the flawed, archaic system for Veterans appeals. The “old” VA appeals system is now referred to as the “Legacy System.” Where the legacy system had one path towards appealing an unsatisfactory VA decision, the new VA appeals system offers several. From November …

You’ve applied for disability benefits, and now VA sends you for one or more medical evaluations known as Compensation and Pension (C&P) exams. A favorable C&P exam is important because your disability rating will be a direct outcome of the VA examiner’s findings. With so much riding on the results, how can you set yourself up for a favorable C&P? Knowing what is important for you to say and do, or not say and do, is key. As VA claim attorneys we do not attend the C&P evaluation. What we can do is arm you with insight and awareness to help guide …

A Compensation and Pension exam can be the difference between an award and a denial. It can mean the difference between a 10% rating and a 60% or greater rating. It is a final discovery and assessment of evidence proving you are disabled due to your military service. In this light, the C&P exam is of the utmost importance. Not all, but most claims for disability compensation will require a C&P medical exam. Getting Ready for Your C&P Exam The medical exam is part of the VA’s duty to assist you as a veteran. Because the C&P exam has weight, we cannot stress …

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Jan. 29, 2019: A landmark court decision should prompt past due benefits for countless blue water veterans. Vietnam War-era troops who served in the “blue waters” off Vietnam now qualify for the presumption of exposure to the chemical defoliant Agent Orange. In Procopio v. Wilkie, the U.S. Court of Appeals for the Federal Circuit ruled that U.S. Navy “blue water” veterans’—those who served offshore in the territorial waters of Vietnam—are finally entitled to the same “presumption of exposure” extended to other Vietnam veterans. Presumption of exposure means the VA presumes that a veteran’s disabilities were caused by military service, in this case …

Was your claim for PTSD sexual trauma denied in the past? VA now supports reapplication of previously denied disability claims for these types of cases. VA has acknowledged that errors were made in its decisions on many of these claims and has agreed to launch a review of denied benefits for PTSD related to military sexual trauma (MST). In cases of MST-connected PTSD, a veteran is not awarded disability compensation for the actual event. Instead, the veteran may qualify for disability for conditions that result from the traumatic event, such as Post Traumatic Stress Disorder. Often veterans who are denied VA disability …

A study has found that even after 40+ years, close to 11 percent of Vietnam veterans still suffer from post-traumatic stress disorder and it seems that many more of them are gradually getting worse rather than getting better. Dr. Charles Marmar, chairman of the psychiatry department at New York University Langone Medical Center and director of the NYU Cohen Veterans Center, is one of the authors of this study and confirms, “Most people who serve in war are resilient.” He goes on to explain that among those that do develop post-traumatic stress disorder, “if they’re going to recover, they’re going to …

On July 20, 2015, Congress approved the Veterans Identification Card Act. This federal bill offers all honorably discharged service members a Veterans ID card that, in theory, should make it easier for veterans to prove their military service. This ID card measure was on the books for several years. It had originally passed through the Senate and the House without much opposition but Congress proved a more formidable opponent. When the Obama administration voiced their reservation regarding the actual need for new ID’s Congress sat on the measure for several years. With approval finally being handed down from Congress, the measure …

In an effort to help those veterans who may have been waiting years for their VA benefits, many of those in Congress support recent legislation to fire the so called “bad apples “at the Department of Veterans Affairs. Even though those supporting this legislation may have the best of intentions, the mass firing of VA employees may do more harm than good to improve the care provided to veterans. Over the last few years, it has become abundantly clear that our government needs to deal more effectively with employees of the VA who are failing at their jobs or violating the …

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You’ve probably heard about the terrible and completely unacceptable veterans disability backlog. You may even know that they reduced their backlog in years past by about 200,000 cases after outcry from the public and the government. But most people have no idea how the VA accomplished that rather impressive task… or why it’s unlikely to do the same thing in the near future. Contact our veteran claims attorney for a free consultation! Overtime and Less Emphasis on Accuracy Lower Veterans Disability Backlog How did they do it? Part of the “solution” was mandatory overtime that gave their workers the chance they needed to get …

If you suffer from chronic headaches or migraines, you know how incapacitating these afflictions can be. Most of us know someone who struggles with this illness. In fact – as reported by the Migraine Research Foundation, Worldwide, migraine is the 3rd most widespread infirmityAbout 1 in 4 U.S. households have a family member suffering with migraineOver four million people have chronic daily migraine, with a minimum of 15 “migraine days” every month.Over 90% of patients are unable to work or function normally during a migraine. Episodes generally last from 4 hours to 72 hours. But if you have ever dealt with the …

Numerous conditions cause eye disorders and impaired vision. Loss of eyesight can present a tremendous obstacle to earning a living. If your claim for disability benefits for an eye impairment was denied, do not hesitate to contact us. We help disabled workers and veterans fight back and win denied long term disability benefits for blindness, various levels of visual impairment, eye disease and other chronic eye problems. If you were unjustly denied disability benefits, do not give up. What seems like an uphill battle can be fought and won, with an experienced and focused legal team at your side. Over 50 named eye …

A ruptured eardrum, an infection of the outer or middle ear, vestibular and inner ear disorders (such as vertigo and Meniere’s disease) or hearing impairment can seriously disable an otherwise healthy, hardworking individual. Those who suffer from incessant or recurring dizziness and balance problems, or the limitations of hearing loss, ringing in the ear and other chronic symptoms, have real problems functioning at work. These and other symptoms can prohibit someone from performing the material duties of their occupation, impair concentration, and also become safety hazards. If you suffer from chronic ear disorders and find you cannot continue working due to the …

Camp Lejeune Water Contamination 2016:VA Proposes Presumptions for Service Connection of 8 Diseases After three decades, the VA is making headway into getting a final rule established for veterans and their families who were stationed at Camp Lejeune Marine Corps Base in Fayetteville, North Carolina and suffered disability through exposure to the base’s toxic water supply. On Sept 9, 2016, the VA’s proposed rule hit the Federal Register. The rule will establish presumptions for the service connection of eight diseases suffered by veterans who came into contact with the military base’s contaminated water. Background on Camp Lejeune Water Contamination Between 1957 and 1987, many Marines …

In order to keep to their ongoing commitment to provide continuing care to all Veterans and their families, the Department of Veteran Affairs announced this month that they will begin the process of revising regulations to establish service connections for conditions resulting from exposure to contaminated water at the U.S. Marine Corp Base Camp Lejeune in North Carolina. Contact our veteran claims attorney for a free consultation! The new review may add an additional condition to the 15 conditions the VA already provides healthcare for to those eligible Veterans who were stationed at Camp Lejeune for 30 days or more between August …

Veterans advocacy groups and watchdogs in the government have been complaining that the VA is “playing games” with the number of claims on backlog for a while, and as time goes on, evidence mounts that seems to prove this case. Even though the number of backlogged cases has gone down significantly from historic highs last year, appeals continue to rise; suggesting that all the Department of Veterans Affairs is really doing is denying help to deserving people in order to make their progress look better. Contact our veteran claims attorney for a free consultation! One of the most telling ongoing accounts of …

The Department of Veterans Affairs is getting a lot of well-deserved bad press these days for its inability to adequately help the men and women who serve our country. Not only are they ridiculously far behind in processing claims from Vets (recently these delays hit a 20-year high despite changes and statements that things are getting better!), there are big problems at Veterans Hospitals that have led to substandard conditions and even directly or indirectly caused deaths. It’s gotten so bad that some people are saying that the entire VA is broken and needs to be completely overhauled or done …

I’ve spoken a lot here about backlogged veterans disability claims for Vets and how much this can slow down your claim. Most Veterans find themselves waiting for months and months to hear back on their claim, and for way too many it can even take years. { "@context": "https://schema.org", "@type": "FAQPage", "mainEntity": { "@type": "Question", "name": "How Many Backlogged Veterans Disability Claims Are There?", "acceptedAnswer": { "@type": "Answer", "text": "Recently, the Veterans Benefits Administration announced that number via the …

If you or someone you love has been denied benefits by the VA, your first reaction – besides disappointment – might be to assume that the organization was right to say no to you. After all, the Veterans Benefits Administration has been processing claims just like yours for decades – surely they know what constitutes a valid claim better than you do. The other thing to keep in mind is that they sometimes make mistakes. As a disability attorney, no one understands the VBA better than I do. Most of the people there are honest, hard-working folks who are …

This isn’t the first time I’ve mentioned this “invisible” backlog that the Veteran Benefits  Administration has created with their most recent policy changes. For some time now, the group has been hounded by policymakers and various activist groups around the country to get through claims faster so that disabled Vets can get the help they need without waiting for months or even years. Despite the best efforts of these groups, the invisible veterans disability backlog simply kept getting longer and longer and frustration with their system continued to grow. Contact our veteran claims attorney for a free consultation! Then, not long ago, …

You probably know that Veterans Disability claims take forever – years in some cases – and that there has been outcry from various groups all over the country for the VA to get better (and faster) at processing claims. And if you’ve been paying attention to my blogs and videos, you may even know that this year the Department of Defense and the VA finally got their act together and enabled the VA to access Veterans electronic medical records from a central database. This means that, rather than having to request information piecemeal from each individual doctor and wait for …

It’s no secret that the VA is way behind nationally when it comes to processing veteran disability claims. Far too often, claimants are waiting many months and in some cases years before a decision is reached on their claim. In fact, Federal lawmakers have been after the organization for a while to get their act together and come up with ways to streamline the process and decide on claims faster. But if you listen to most of the stories about the problem, it sounds like it’s truly a national issue with every single office drowning in paperwork and doing a poor …

It’d be nice if there was honor amongst thieves and certain portions of our population were exempt from attempts to scam them out of their money and personal information, but sadly many of those groups are often the hardest hit. You probably already know that many scam artists target the elderly, but now there are people out there specifically going after Veterans as well. We will explain how to watch out for veterans disability scammers. How are scammers trying to harm Veterans? By creating a website that purports to help them recover “unclaimed and accumulated benefits.” Naturally, this promise is completely …

There are many good things about the VA embracing technology and moving towards an electronic claims system. As an organization that literally and figuratively has been mired in a backlog of paperwork from veteran disability claims for many years now, putting records online would free up space, improve the organization, and should streamline the entire claims process. As someone who frequently works with Vets on their disability claims, I can definitely see the positives of helping people to get the benefits they need more quickly, and I’m all for it. However, there has to be a careful balance when organizations embrace …

Anyone who has filed a Veterans Disability claim knows that the VA is incredibly behind and that many Vets end up waiting years before they know whether or not they’re going to be getting the benefits that they need. The problem has gotten so bad that lawmakers have been pushing the VA to move faster and find ways to streamline the process. Recently, there’s been a lot of seemingly good news about the backlog shrinking by roughly 35 percent – an impressive figure. However, what’s lost amidst those reports is that the VA has changed the rules for what it …

If you’re a Vet or you’ve had to deal with a disability claim for a Vet, you know that the process takes far longer than it should. At the very least you’re likely looking at months, but sometimes it can be years before a claim is resolved. This situation is completely unacceptable. Not only is it a slap in the face to the proud men and women who protect our country, for many of them a drawn out veterans disability claims process allows their health to further deteriorate. Some have even died while waiting for the powers that be to …

As Veterans Day approaches, I think it is important to honor and remember the Veterans that have touched our lives. As a child, I lived with my uncle Earl, Around 1940 Uncle Earl joined the U.S Army.  Not knowing what the Japanese where up to, Uncle Earl thought he would be in the army for only a year.  Before he was honorably discharged in 1954, Uncle Earl served with great distinction in World War II, in the Sicilian and Italian campaigns, and in the Korean War. Get a free, no-obligation consultation with our experienced veteran claims lawyers. We don’t get paid unless …

In a recent decision for a Veterans Disability client our law firm was able to win Service Connected benefits for a client for his Depression as it relates to a Service Connected knee and heart condition. But this was only the beginning. Trying to overturn unfavorable C&P evaluations can be difficult when getting your veteran disability benefits. Our firm worked diligently to review the entire claim down to its smallest detail. By doing so our disability attorneys were able to convince the Court of Veterans Disability to Remand the Decision made to the Board of Veterans Advocates, by pointing out …

One of the chief complaints that Veterans and their representatives have in completing an Appeal for disability benefits is the length of time it takes to receive the Veteran’s Claims File or (C-File). This file contains all of the information that has been processed towards your claim including medical records, rating decisions, code sheets and service personnel records among files. Having your Representative review the Claims File is a key component in the Appeals process in order to file a Substantive Appeal (VA-9). Contact our veteran claims attorney for a free consultation! But the long wait to receive the Claims File from …

Any disability claims for Agent Orange related diseases that were denied or filed after September 24, 1985, and before the list of diseases in Table 8-1 was published, could be considered Category 1 claims. In these cases, the rules that define what is considered to be an official disability compensation claim are very liberal. Some examples of communications that should be sufficient to allow a veteran to qualify for the special Agent Orange effective date rules for disability compensation are: The veteran submitted an official VA document to the VA stating that they should grant him or her service-connected disability benefits for …

https://www.youtube.com/embed/_9WAohfpmrc Although the VA provides for the use of direct service connection in VA claims for a wide variety of disabilities, there is one glaring exception: veterans may not claim a service connection for any conditions caused by tobacco use during periods of military service. Under no circumstances can tobacco consumption by any method be used in the nexus of evidence for VA claims. This rule also applies to survivors seeking benefits after a veteran has passed away due to a tobacco-related illness. However, this restriction is not quite as ironclad as it sounds. Although the VA cannot grant a service connection …

The veterans claims for those who were kept as prisoners-of-war are given special consideration. Since it is virtually impossible for former prisoners-of-war to provide medical evidence from the time of their captivity, certain disabilities are assumed by the VA to be connected to this period of their service. The veteran is not required to provide any nexus of evidence, and there is no presumptive period – the current disability may have presented at any time after the former prisoner-of-war was discharged. Contact our veteran claims attorney for a free consultation! Claimants are required to provide some medical evidence before becoming eligible to …

Veterans suffering from chronic diseases connected to their active service may be able to win their VA claims by using the service connection by legal presumption. For certain chronic diseases, the VA automatically presumes the connection between the condition and the time in service and grants veterans benefits. The list of chronic conditions accepted for this presumption is quite long and includes certain types of cancer, tuberculosis, Parkinson’s disease, epilepsy, and many other ailments. Consider consulting a qualified disability lawyer who can help you determine whether the VA includes your condition chronic. Once you’ve determined that your disability is on the …

When arguing veterans claims, the best way to prove service connection by aggravation is – unsurprisingly – by showing clear evidence in the veteran’s service medical records of the current disability having worsened. But most veterans don't have the luxury of providing such straightforward proof. If you feel that the documentation in your service records may not be substantial enough for the VA, there are other methods to successfully establish the service connection by aggravation. The best alternative is usually to retain the services of a medical expert who can clearly demonstrate the change in severity of your condition before service …

Another policy through which VA compensation claims can be successfully argued without providing medical evidence of nexus is “continuity of symptomatology.” This policy refers to situations in which a chronic condition most likely manifested during service but was not specifically diagnosed during that time. The key in proving that continuity of symptomatology applies to your case lies in the description of your symptoms. Although your current disability need not have been diagnosed during your period of military service, you will be required to show evidence that symptoms similar to your current ones were present and "noted" during service. The U.S. Court of …

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Although the vast majority of veterans claims require medical evidence of a link between a veteran’s current disability and a precipitating service incident, there are a few circumstances in which a medical opinion stating the link is not required. Contact our veteran claims attorney for a free consultation! Generally, if a veteran’s current disability is an obvious result of an injury occurred during service (such as missing leg amputated after a service incident), the veteran will not be required to provide a medical opinion proving the link and will be granted veterans benefits. In cases like this, “lay evidence” (evidence provided by …

It’s important to learn about the process for obtaining medical evidence to satisfy the nexus requirement before embarking on VA compensations claims. The format of this linkage evidence is fairly straightforward – all a veteran usually needs is a letter or statement from a physician (private or employed by the VA). Occasionally the linkage evidence will be provided by way of military medical records or a physician's in-person testimony. However, the content of the doctor's statement is absolutely crucial to successful VA compensation claims. The medical opinion linking a veteran’s disability to a precipitating service incident must be based on examination …

When evaluating VA compensation claims for veterans with mental disorders, diagnosing the illness and linking it to the patient’s military service is just the first step in the VA claims. Next it must be determined just how impaired the person is. This is done using a sliding scale called the “General Rating Formula for Mental Disorders.” What this formula does is measure just how impaired the veteran’s social and occupational functioning are. The unique thing about this scale is that it focuses specifically on how a veteran’s symptoms affect their life. The outcome of this test is then used to determine …

Of the five strategies by which a veteran can establish the link between a service incident and disability required for VA compensation claims, the direct service connection is usually the first method to which veterans turn. The phrase “direct service connection” means exactly what it says: the veteran’s current disability is a direct result of an incident that occurred or a disease that was diagnosed during the period of military service. The direct service connection is also the first strategy that VA board members are trained to use when evaluating claims. A qualified disability lawyer will do everything possible to establish …

You already know that, in order to receive veterans benefits by successfully arguing VA claims, you’ll need to prove the service connection or “nexus of evidence” linking your current disability with an incident or illness that occurred during your period of military service. But what is the standard of proof that your evidence must achieve in order to win the case? VA regulations state that, if the evidence regarding any part of your claim is equally balanced between favorable and unfavorable proof, the VA must give benefit of doubt to the claimant and rule in your favor. Thus, any “reasonable doubt” …

In some cases, you may be denied veterans benefits by receiving a 0% disability rating. This means that the VA acknowledges you have an issue, but does not believe you are disabled as a result. Alternatively, you may find yourself with a lower disability rating than you believe your situation deserves. If this happens to you, you have the right to disagree. In either of these cases, you have the option to file a Notice of Disagreement (NOD) with the Regional Office up to one year after the rating decision or a right to disagree. This is true even if …

In certain situations, the VA will provide veterans benefits for a disabled veteran who was forced to give up career opportunities while they were in service during war time. These benefits are designed to compensate the veteran for the resources that they would have built up had they not been called on to serve their country in active duty. In many cases, their career advancement was significantly hindered by their service. Because of this, they may have a very difficult time fully supporting themselves now that they are fully disabled. Non-Service-Connected Disability Pension vs. Compensation These non-service-connected disability pension benefits should not …

Making successful VA compensation claims is dependent on several factors including – and perhaps most importantly – establishing a service connection or “nexus” between a veteran’s current disability and a precipitating incident during the veteran's period of military service. The main cause of denied VA claims is a lack of medical evidence used to provide proof of this nexus. The VA does its part to make sure veterans are aware of the need for medical evidence supporting their disability claims. If a veteran’s records do not include medical documentation, the VA will work to provide a medical opinion for the veteran’s …

A sobering statistic: there is currently a nationwide backlog of nearly 900,000 VA claims with 65% of these claims left pending for more than 125 days. This is very bad news for veterans – worse is the fact that the current error rate in VA determinations is 16%. Why so large a backlog? Experts estimate that the number of VA claims has increased by 48% since 2008. In fact, the number of backlog claims will most likely exceed 1.2 million by the end of 2012. This growth could be due to a number of factors, not least of which includes VA …

An Overview of Non-Service-Connected Disability Pension Veterans Benefits In certain situations, the VA will provide veterans benefits and pension for disabled veterans who were forced to give up career opportunities while they were in service during war time. These benefits are designed to compensate the veteran for the resources that they would have built up had they not been called on to serve their country in active duty. In many cases, their career advancement was significantly hindered by their service. Because of this, they may have a very difficult time fully supporting themself now that they are fully disabled. Call our veterans …

While all VA compensation claims for posttraumatic stress disorder (PTSD) must meet the three basic requirements for service connection in section 1154(b), there are some special variations that apply to these cases. In the case of Pentecost v. Principi, the Court of Appeals for Veterans Claims established that a service connection for PTSD requires: A current PTSD diagnosis.Credible supporting evidence that shows that the claimed in-service stressor actually occurred.Medical evidence that shows a casual connection between the current set of symptoms and the claimed in-service stressor. As with any other illness or injury being claimed by a combat veteran, proving a claim …

A Step by Step Application of How a Veteran’s Statement Is Analyzed. Once someone has established their position as a combat veteran, the next step in the VA claims process is for the VA to analyze their statements and make sure they meet certain conditions. If these conditions are met, the combat veteran’s lay statements regarding the injury or disease will be accepted. In order to analyze these statements, the VA will go through three steps. Contact our veteran claims attorney for a free consultation! STEP 1: The Combat Veteran’s Evidence Must Be Satisfactory during the VA Claims Process The VA will first focus …

If you are filing a claim for veterans benefits, it’s important to understand the difference between compensation and pension as determined by the VA. Once you know which category you fall into, you can visit the Veterans Affairs website to get a better estimate of how much you can expect if your claim is approved. They have two main rate tables that are used to pay benefits to veterans, one for compensation and one for pension. Under certain conditions, the widows and children of disabled veterans are also eligible for compensation and pensions. Contact our veteran claims attorney for a free …

How Do You Know If an Incident Occurred While “Engaged In Combat”? It’s already been established that combat veterans who attempt to get their in-service injuries service-connected are not required to provide as much evidence throughout the VA claims process as a non-combat veteran would. Because of this, it is absolutely critical that the VA accurately determines whether or not the event happened while the veteran was “engaged in combat with the enemy.” But how do they make this determination? Proving that an injury or illness occurred while in combat may be more difficult because the VA is not required to accept …

When combat veterans make VA compensation claims, they tend to have a much less difficult time getting their injury or illness service-connected than non-combat veterans. This is because VA law makes it significantly easier for combat veterans to prove that their disability occurred or was aggravated during service, thereby lowering the chances that they will be denied veterans benefits. Unlike other veterans, a combat veteran doesn’t actually need to show facts to prove that their disability stemmed from a service-related incident. They just have to make a claim that shows to be consistent with the circumstances and conditions in which they …

When the VA is making a determination about whether or not an injured veteran’s VA claims are valid, one of the first things they will do is look at the veteran’s medical records from the time they first entered the service. In some cases, the veteran already had a disease or injury before they even began their military career. This will have been noted on the veteran’s records, and acknowledged by the veteran to whom they apply. Any VA disability attorney should note, however, that this does not necessarily preclude the veteran from receiving compensation for those same injuries and diseases …

There is a four-step process that is traditionally used by regional VA offices to adjudicate disability claims for any service-connected compensation benefits. The process is as follows, with each step needing to be completed before moving on to the next step: Step 1: The VA decides whether or not the veteran in question is eligible to receive VA benefits. This includes making a determination that the veteran was separated or discharged under any condition other than dishonorable. Step 2: The VA uses all the rules it has set forth to determine whether or not the veteran qualifies for disability compensation. Step 3: The …

When a veteran applies for disability-related veterans benefits, there is a Code of Federal Regulations that lays out some of the basic guidelines. These guidelines are used to determine whether or not the injuries or diseases that are shown on a veteran’s service records should be considered service-connected. Each disabling condition for which a veteran is seeking compensation must be considered based on a few different criteria. https://www.youtube.com/watch?v=GcE9fEo6pNY&list=PL99Hlbcvpx-CO0kM3bn7G_BnKKDig-zIb&index=4 These criteria are: The places, types, and circumstances of the veteran’s services. The official history of each organization the veteran has served in. The veteran’s full medical records. Any and all lay evidence that is pertinent to the …

In the VA claims process, there are three fundamental requirements that a veteran must satisfy in order to qualify for service-connected disability compensation. The requirements are often referred to as the three Caluza elements, and each must be proven with “competent evidence” in order for a veteran to qualify for their service-connected disability benefits. But what are these three fundamental requirements? The veteran must present competent evidence of a current disability.There must be medical evidence of an in-service occurrence or aggravation of the disease or injury. In some cases, lay evidence may also be accepted.The veteran must prove that there is …

Of all the available veterans benefits, compensation is widely considered the most important of them. This is true both economically and politically, as there is no VA benefit more fervently supported by the American public than the benefits from VA compensation claims for soldiers injured while on active duty. Because of this, the VA is much more protective of its compensation program than all other programs, refusing to make changes that would lower its support with the public. Contact our veteran claims attorney for a free consultation! Are Veterans Benefits for Compensation Only Available to Soldiers with Battlefield Injuries? The rules that determine VA …

When a veteran applies for disability benefits, the first thing that must happen is the Department of Veterans Affairs evaluates the claim to determine whether the disability is service-connected. Once a service connection is established, the next step in the VA claims process is to establish the amount of their monthly compensation payment. The payment amount of these disability claims is calculated based on what degree the veteran’s disability would impair the average person earning a living wage in the United States. Less severe disabilities receive lower ratings, and therefore less compensation. Oddly, a veteran’s individual earning ability is not taken …

You already know that to successfully argue veterans claims being considered eligible for veteran status requires that you served actively in one of the five branches of the military (or in several other military branches) and were discharged under circumstances that were other than dishonorable. But how are you supposed to prove all this to the VA Board? Though the standard of proof requires that the VA give you the benefit of the doubt when it comes to eligibility for veterans claims if the evidence on both sides is equal, the burden is still on you to make a convincing …

The VA claims process for determining benefit eligibility, already quite complex, becomes even more complicated when a veterans has multiple periods of active service. Specifically, this becomes an issue when an individual received different discharges for his or her multiple service periods. Of course, if a veteran was discharged for anything along the lines of mutiny, treason, or sedition, he or she is not going to receive benefits. But very few veterans are contending with disqualifying discharges for these reasons. What are they supposed to do? The first step in the process should be to hire a qualified VA disability attorney. Arguing …

There are a few rare exceptions to the usual rule that veterans can only claim VA benefits for disability if their discharges were "other than dishonorable." If the veteran was ruled insane during the period of misconduct that led to a dishonorable discharge, the VA may waive the discharge requirement and decide to grant benefits to the veteran. Of course, the diagnosis of insanity is a serious affair. The VA has a fairly strict definition of insanity, relating to behavior that sharply deviates from a healthy individual's usual character due to a mental disease. If you think that an illness or …

When you begin the VA claim process with the purpose of proving your eligibility for veterans benefits, you'll first need to establish that your service meets the VA's requirements of being active duty in a branch of the military or other military capacity. Once you've successfully met these two requirements, you'll have to pass a final criterion: determining the character of your discharge. The VA states that anyone establishing veteran status for the purpose of receiving benefits must have been discharged "under conditions other than dishonorable." This might seem simple at first – but unfortunately, the VA's discharge categories do not …

The Active Service Requirements for a Veterans Disability claim must be met in order for a Veteran to receive most types of Disability Compensation benefits. The next step in the veterans claims process is establishing whether your service can be considered "active.” This step can be a little trickier than meeting the requirement for military service, so you may want to consider enlisting the help of a qualified veterans disability attorney before embarking on your veterans claims application. Contact our veteran claims attorney for a free consultation! How is "Active" Service Defined When Making Veterans Claims?  By its simplest definition, "active" duty that …

When it comes to the VA claims process you must be "a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable” to establish basic eligibility. The first step that either your VA disability lawyer or the VA Board will take in establishing your benefit eligibility will be to examine whether your experience qualifies as military service. Conventional service in one of the five branches of the US Armed Forces is the most common type of military service. If you served with the US Army, Navy, Marine Corps, …

When starting the process of making VA claims, it's important to first determine whether you meet the eligibility requirements for receiving veterans benefits. All VA benefit programs require that anyone applying meet three basic criteria used to determine whether he or she be classified as a veteran. These three requirements are: Whether the applicant has served in any branch of the militaryWhether the applicant's military service was considered "active"Under what circumstances the applicant was discharged It is crucial to establish that you meet these general requirements for veteran status before beginning the claims process. Veterans' dependents and survivors can also apply for benefits …

How Do You Link a Mental Disorder to Military Service in the VA Claims Process? If a veteran is suffering from a mental disorder and wants to qualify for compensation, they must first prove through the VA claims process that the disorder is somehow related to their military service. This is not always a simple thing to do. In fact, in many cases veterans hire a disability lawyer to fight on their behalf. The first step is to get the disorder diagnosed. While symptoms of certain mental disorders can often be seen by a layman, in order to qualify for VA compensation, …

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When dealing with VA claims regarding mental disorders, the U.S. Department of Veterans Affairs uses a certain specialized language. In order to more effectively argue mental disorder claims, a veteran and the VA disability attorney who represents them should make themselves familiar with some of these special terms. Here are some common terms that anyone involved with VA claims should learn: Amnestic: Causing loss of memory. Axis: One of the 5 different types of problems a person making VA claims for a mental disorder may have. Axis I: Clinical disorders. Axis II: Personality Disorders and Mental Retardation. Axis III: General Medical Conditions. Axis IV: Psychological and Environmental …

Disability Compensation for Mental Disabilities Other Than PTSD There are many unique issues that a veteran and their veteran disability lawyer must be aware of when going through the VA claims process for a case relating to a mental disorder. First, a veteran must be sure to have their mental disability professionally diagnosed. Once diagnosed, they will need to show that the disability is service-connected in one of five different ways. What Are the 5 Ways to Service Connect a Mental Disorder During a VA Claims Process? The mental disorder that the veteran is suffering from was first evidenced during service.  The veteran had …

A good VA disability lawyer can be an incredibly useful ally when trying to obtain veterans’ benefits. Even though the VA is required by law to provide you with free help on your claim, their definition of “help” can often be lacking. Most veterans say they don’t really understand what is going on with their claims and where they are in the process at any given time. An experienced VA disability lawyer can make sure that you understand the veterans claims process and receive correct and complete information on your rights and responsibilities, and he or she can advocate on your …

When you’re slogging through the VA disability benefits claims process, it can seem like everything and everyone is stacked against you. The time it takes to process a claim is ridiculous – more than four months! – and there are so many rules and processes that it’s easy to miss one and receive a veterans claim denial for a silly reason. And if you try to appeal, you might be waiting years before you get your benefits. Thankfully, there are some helpful rules and laws the VA uses that actually help claimants. These are “benefit of the doubt,” “duty to assist,” …

In the previous article, favorable presumptions in the veterans claims process were described in detail. These “good” presumptions are prevailing thoughts that actually assist veterans in obtaining the help they need from the VA. Unfortunately, there are unfavorable presumptions just like there are favorable ones, and these can lead to you being denied veterans benefits. Substance Abuse If you smoke, drink, or use recreational drugs and it is at all possible to tie your current disability to these habits, the VA will generally strive to do this. For example, if you believe your lung cancer to be service-connected but you have been …

The VA claims process can be tricky, especially if you are a vet trying to navigate it on your own. Veterans claim denial is a common occurrence, and even if your claim is ultimately approved, it can sometimes take years of fights and appeals through the system. It is important to know that there are a number of presumptions that go along with every claim for benefits from a veteran. Some of these presumptions work to your benefit; others can hurt you. This article will detail the favorable or “helpful” presumptions that vets enjoy. Soundness One of the most important presumptions that can …

Most veterans don’t even think about talking to a VA disability attorney at first. After all the VA is there to help them, right? In fact, there are even laws and rules in place that say the VA is required to help you with your claim. Why would you pay someone when they do it for you free of charge? But there’s a reason that veterans’ attorneys exist, and after dealing with the VA for a while, many veterans understand this all too well. Despite the law, there are many ways that the VA can get around or even blatantly ignore …

Being denied veterans benefits by the Regional Office can feel like the end of the world, but it doesn't have to be. If you have served your country and feel you have been wrongfully denied the benefits that you deserve, you have the option of filing a formal appeal. The process can be lengthy, and the Board of Veterans Appeals may take up to two and a half years to reach a final decision. If you feel overwhelmed, consider working with a disability lawyer who can help you through the process and maximize your chance of winning the veterans benefits …

In some cases, you may be denied veterans benefits by receiving a 0% disability rating. This means that the VA acknowledges you have an issue, but does not believe you are disabled as a result. Alternatively, you may find yourself with a lower disability rating than you believe your situation deserves. In either of these cases, you have the option to file a Notice of Disagreement (NOD) with the Regional Office up to one year after the rating decision. This is true even if the Regional Office sends you a misleading notification that you must respond within 60 days of the …

The VA claims process is a long and winding path, with emphasis on the length. According to the Veterans Affairs website, it took an average of 105.9 days to make a decision on claims in 2020. And that’s not even counting appeals fighting denial of veterans benefits, or other things that can drag the process out for years. Upset handicapped veteran sitting in invalid chair. He is covering his face with hands. Concept of despair. Isolated on grey background Why does it take so long? Some of this is due to the people in the system being overburdened and under-trained, but …

There are a wide variety of VA claims out there that Vets can request compensation for, but unless you know what goes into each one, it’s likely that you’ll be denied disability benefits and have to go through the extremely long appeals process. In part one of this article, I explained first four types of compensation claims. Today I’ll focus on claims for non-service-connected pension benefits, 1151 claims, DIC and accrued benefits, and “CUE” claims. Non-Service-Connected Pension Benefits Technically, claims of this sort are pension claims, not compensation claims. A veteran must show three elements to qualify. 1) That their current disability …

VA Compensation claims are the on the most common type of VA claims. Unfortunately the VA and our government have made the process of attaining VA benefits long, difficult, and incredibly complex, leading to uncountable denied veterans claims. Many veterans haven’t even been told that there are seven different types of compensation claims, and that the way you prove that you deserve benefits in each case is not the same. Here is a description of each type of compensation claim in detail so that you can avoid becoming another statistic for denied veterans claims. Direct Service Connection This is probably the kind of …

Part of the veterans disability claims process is filing a claim with your Regional Office. After a lengthy processing period that averaged 127 days back in 2006 and has only gotten worse, the VA will make a decision on your claim by examining three main issues: whether or not your disability was connected to your service, your percentage of disability, and the effective date of eligibility. If you are denied veterans benefits based on any of these issues, don’t worry – you can appeal. But first it’s important to understand what the issues entail so that you go into your …

Denial of veterans’ disability claims is happening more and more with an overburdened and undertrained VA workforce. Because the claims adjudicators don’t understand how the veterans’ claims process works, many claims are incorrectly denied and end up being appealed and ultimately overturned. In some ways, this is good news for veterans, but if your VA claim is denied, it can lead to a lengthy and complicated appeals process where you need an experienced veterans benefits attorney on your side. Contact our veteran claims attorney for a free consultation! Denial of Veterans Claims: First You Have to File The veterans’ claims process begins at …

Unfortunately, the Department of Veterans Affairs takes a very long time when processing VA claims. In 2006, the average time to process a VA claim through regional offices was 127 days. More than four months! How horrible would it be to wait four months only to be denied veterans benefits? This isn’t a new problem, either. A VA employee testified to the GAO about veterans claims in 2002, saying that it was a long-standing issue and that “this isn’t a problem that snuck up on them.” The VA is well aware that veterans of World War II are dying at a …

Successful VA compensation claims are comprised of three parts. Many veterans don’t really understand these different elements. Because of this, veterans often get denied and are forced to endure the lengthy appeals process. You can save yourself a lot of time and heartache by knowing what you need to do ahead of time. What are these three elements? 1. A disability that currently affects you. Many people believe that they are entitled to receive compensation just for being injured while they were serving in the military. This is not the case. For VA compensation claims to go through, you have to be suffering a …

What is the Difference between Compensation and Pensions? If you are filing a claim for veterans benefits, it’s important to understand the difference between VA compensation and VA pension as determined by the VA. Once you know which category you fall into, you can visit the Veterans Affairs website to get a better estimate of how much you can expect if your claim is approved. They have two main rate tables that are used to pay benefits to veterans, one for compensation and one for pension. Under certain conditions, the widows and children of disabled veterans are also eligible for compensation …

How Do I Get Started with the Veterans Disability Claims Process? The Veterans Disability Claims Process can be complicated, and as a result, many veterans don’t obtain the benefits they earned. If you served our country as a member of the US armed forces and were impaired as a result, either physically or psychologically, you deserve compensation for your sacrifice. If you feel overwhelmed or confused by the process, you should consider working with an experienced veterans benefits attorney. He or she can ensure that you are following the Veterans Disability Claims Process correctly in order to have a better chance …

Why You Should Fight Veterans Denial of Benefits Unfortunately, filing for disability isn’t always as easy as it should be for veterans. The VA's denial of benefits doesn’t mean that you are out of options. As a veteran, you have served in the US armed forces to protect our country and way of life, and if you were impaired physically or psychologically as a result of your service, you deserve to be fairly compensated. Do not give up. Many veterans who are denied initially succeed in attaining their benefits on appeal. The first step in the appeals process is the Board of …

The Veterans Disability claims process can be confusing and overwhelming at a time when you are already dealing with an injury or illness, but you deserve to be compensated for your physical or psychological impairment. If you have an injury or disease that happened while on active duty, or was made worse by active military service, then you are entitled to tax-free disability benefits. You can apply by filling out VA Form 21-526, Veterans Application for Compensation or Pension. Attach any dependency records, such as your marriage certificate or your children’s birth certificates, as well as medical evidence, such as doctor …

Veterans filing for VA disability benefits must follow a rigid administrative procedure when attempting to prove a service-connected disability. If a veteran receives an unfavorable decision after their initial application from the VA Regional Office, the veteran must be careful to follow the following steps. Some of these steps are optional and some are not.  Knowing which is the key when it comes to veterans' disability claim procedures. The steps to appeal are: 1. Notice of Disagreement The NOD is simply a written statement that the veteran disagrees with the decision. It must be filed within one year of the letter informing …

Proving You Are a Brown Water  Naval Veteran Vietnam naval veterans, who operated in brown (shallow) waters, may qualify for service connection due to herbicide exposure. In order to prove exposure as a naval veteran, you must: Provide documentation of your location during relevant military service;Identify your ship; andObtain evidence of the ship’s location in Vietnam waters To qualify for benefits, veterans should provide documentation, which may include one or many of the following sources: A veteran’s copies of the ship logs or command history;Documentation on an official military site concerning the ship on which he or she served during the relevant time frame;The veteran’s …

Did you know that you or a loved one may be eligible for VA benefits due to exposure to herbicides even if you served in areas other than Vietnam? Serving Outside of Vietnam Herbicides were used to provide perimeter base control on bases in Vietnam and Thailand, along the Ho Chi Min Trail and near the Demilitarized Zone in Korea beginning in September of 1967. Testing and storage of these herbicides also occurred at various locations in the United States and foreign locations. If a veteran can establish that he or she was exposed to herbicides on a direct basis, VA will apply …

The Department of Veterans Affairs (VA) has added Parkinson’s disease and ischemic heart disease to the list of “presumptive illnesses” related to Agent Orange exposure. In addition, VA expanded the presumption for chronic lymphocytic leukemia to include all chronic B-cell leukemias, such as hairy cell leukemia. These conditions are presumed to be service-connected to herbicide exposure in Vietnam. Vietnam Veterans with these illnesses are able to claim VA disability benefits and health care services without having to prove that their conditions are connected to Agent Orange exposure. The new policy, took effect in late 2010, and applies to Veterans who served …

If you are a veteran with disabilities associated with herbicide exposure, including veterans exposed to Agent Orange, you may qualify for health care, vocational rehabilitation and payment of monetary compensation benefits. These exposures have been associated with a variety of cancers and other diseases. If you are a surviving spouse or surviving child of a veteran exposed to herbicides, you may also be eligible for benefits, including dependency and indemnity compensation (DIC) benefits, CHAMP-VA health care and educational benefits. In order to qualify for service-connection based upon herbicide exposure, veterans must establish that they have a current disability related to …

Disabled Veterans may qualify for monthly disability benefits though the “VA Compensation” program.  VA compensation is the benefit paid to veterans whose disabilities arose from or during service. The disability does not have to be directed related to military service, it just must present or be aggravated while the veteran is in service. There is also a presumption that a disability that presents within one year of severance from military service is service connected. A veteran may be eligible for disability compensation if he or she has a service-related disability and was discharged under other than dishonorable conditions. The veteran must …