girard-centonzio-veterans-disability-lawyers-llc

How Long Does a VA Appeal Take?

Thu, 24 Oct 2024 19:07:23 GMT

The length of time it takes a veteran to receive a favorable decision from the VA depends on a variety of factors such as, the number of disabilities the veteran is claiming, the complexity of the case, and the availability of evidence. However, it is important for veterans to understand how lengthy the process can be.

Unless you are filing a fully developed claim, or your appeal is so simple that the Board of Veterans’ Appeals (BVA) can issue an award within 30 days, your initial claim can take anywhere from 9-15 months to process. The VA appeals process timeline for an informal claim is typically within 9-12 months. However, for a formal claim, the average time frame can range anywhere from 18-24 months.

There are a few factors that may expedite the VA appeals process :

– Filing a Fully Developed Claim , which means the veteran has supplied the necessary evidence to support his/her claim;

– Expediting Your Claim , which means having your representative request that the Board expedite your case because of medical need or significant financial hardship;

– Appealing a Denial to the Court of Appeals for Veteran Claims , which means filing a Notice of Appeal with the Court of Appeals for Veteran Claims within 120 days of receipt of the Board’s decision.

Before our law firm get into the numbers, it is important to distinguish between the two claims systems currently in place: the old system, which is often referred to as the “legacy system,” and the new system. In 2019, the new va appeals process came into effect through the Veterans Appeals Improvement and Modernization Act of 2017.

This Act restructured the way the VA processes disability compensation claims. It was implemented to simplify and streamline the old appeals process, while giving veterans and their families more flexibility in handling disagreements with VA decisions. The success of this new process is still up for debate.

Conversely, the legacy system, which most veterans recognize, is still being used for claims filed before the new system went into effect. Therefore, if you received a rating decision, or a denial letter from the VA, and that decision is dated prior to February 19, 2019 , you will be in the legacy system.

A veterans law judge will be assigned to each claim. The judge will look at any new evidence that you may have submitted, then they will issue a decision on your case.

Average Wait Times For The Legacy System

In March 2017, the United States Government Accountability Office (GAO) released a report titled “VA Disability Benefits: Additional Planning Would Enhance Efforts to Improve the Timeliness of Appeals Decisions.” The report identifies the VA’s current backlog in the legacy system. According to GAO’s report, these are some of the average wait times starting when the veteran files an appeal to when VA issues a decision on that appeal:

419 days: average time between when VA receives a Notice of Disagreement to when they issue a Statement of the Case.
537 days: average time between when VA receives an appeal to the Board to when they certify that appeal.
222 days: average time between when the appeal is certified to the Board to when it is placed on the Board’s docket.
270 days: average time between when the appeal is docketed to when the Board issues a decision.

*Note that these wait times are averages and veterans may experience different wait times.

Wait Times For The New System

Since this system is so new, there is not enough data to determine the average wait times. However, the VA has proposed several “timeframe goals” for decision processing under the new system. Under the new system there are various “lanes” of review a veteran can choose from when he or she disagrees with the VA’s initial decision.

For both the higher-level review and supplemental claim lanes, the VA has set forth a 125-day goal for issuing decisions. In the Notice of Disagreement lane, there are an additional three dockets veterans must choose from: the direct docket, evidence docket, and hearing docket. The VA has set forth a 365-day goal for issuing decisions in the direct docket, but it estimates the evidence and hearing dockets will be subject to longer wait times.

For example, the hearing docket may have an average wait time of 5-7 years .

The VA intends to provide regular wait time updates so that veterans can remain informed and up to date on the status of their claims and appeals. Overall, the VA expects the appeals process timeline to drop from 5 years to 3 years in the new system, and eventually hopes to process claims and appeals within 12-18-months.

For more information about the new system, click here .

How To Expedite A Claim

There are several situations when a veteran can have his or her claim expedited. First, a claim can be expedited when the veteran is suffering from extreme financial hardship . This is determined on a case-by-case basis.

However, there are specific situations the VA will likely consider extreme financial hardship: home foreclosure, bankruptcy, inability meet daily living expenses, and past due mortgage or rent payments. Additionally, preventing homelessness is often a priority in financial hardship cases.

It is important to note that the VA will not expedite a claim based on financial hardship unless you can submit definitive proof such as: (1) notices that utility bills are past due, (2) notices that utilities will be disconnected due to non-payment, and (3) notices of past-due rent or mortgage payments.

Second, a claim can be expedited when the veteran is homeless . Veterans that do not have a fixed, regular nighttime residence are considered homeless. For example, veterans who live in homeless shelters, transitional housing, hotels, or outdoors may expedite their claims. However, the VA does not expedite every homeless veteran’s claim.

Third, a claim can be expedited when the veteran is of “ advanced age . ” However, what is considered “advanced age” creates some confusion. The age requirement for expediting a veteran’s claim is different at the Regional Office than the Board of Veterans’ Appeals. At the Regional Office, a veteran must be 85 years of age or older in order to have his or her claim expedited.

For the Board of Veterans’ Appeals, a veteran must be 75 years of age or older for his or her claim to be advanced on the Board’s docket.

Fourth, a claim can be expedited when the veteran is diagnosed with a terminal illness or is placed in hospice care . A terminal illness is a condition that is non-curable and will result in death. Terminal illnesses can also be progressive conditions and diseases. Examples of conditions that could be determined as terminal illnesses are:

Kidney Failure
Heart Failure
Stage IV Cancer
Acute Myelogenous Leukemia
Acute Lymphocytic Leukemia

Please Note The VA Will Not Expedite A Claim Because The Appeal Has Taken A Significant Amount Of Time.
My Claim Was Expedited, Now What?

If your initial claim application was expedited, you may receive a decision fairly quickly. On the other hand, if your claim was denied and you were approved for an expedited appeal , do not expect a decision overnight. The appeals process can still take years even if your appeal was expedited.

If you need help with your expedited VA appeals process or you believe you qualify for an expedited appeal, please fill out our questionnaire found here . Our law firm provides free consultations to veterans nationwide.

The VA Expands the Agent Orange Presumption to Include “Blue Water Navy Veterans”

Thu, 24 Oct 2024 19:06:28 GMT

Historically, the VA has excluded “Blue Water Navy Veterans” from its presumption of Agent Orange exposure. However, on January 29, 2019, the Federal Circuit issued a decision in Procopio v. Wilkie , to now include Blue Water Navy Veterans under the presumption of exposure. As a result, thousands of veterans are now eligible for VA disability compensation. Before we get into the details of this change, it is important to understand the background of Agent Orange claims.

What Is Agent Orange And Why Was It Used?

Agent Orange is an herbicide used by the United States during the Vietnam War. Agent Orange is a two equal part mixture of herbicide agents: 2,4-D and 2,4,5-T. Agent Orange also contains the contaminant TCDD as a byproduct of its production. TCDD is the most toxic of all dioxins. Herbicide agents were used in the Vietnam War for two main reasons: One, to kill off the Vietnamese crops in order to interrupt their food supply, and two, to destroy foliage and dense vegetation in the jungle to increase visibility to prevent ambush attacks on U.S. Forces.

It was later proven that exposure to Agent Orange causes serious health issues including cancer, birth defects, rashes, and severe psychological and neurological problems. Exposure occurred when the chemicals were breathed in, ingested in contaminated food or drinks, or absorbed through the skin. Exposure may have also been possible through the eyes or through breaks in the skin.

What VA Benefits Are Available To Veterans Suffering From Disabilities Related To Agent Orange Exposure?

Veterans may be eligible for VA disability compensation if they have a disability related to Agent Orange exposure during service and were discharged under “other than dishonorable conditions.” Veterans who were exposed may also be eligible for:

Agent Orange Registry health exam , a free exam for possible long-term health problems related to herbicide exposure. Veterans who served in Vietnam, the Korean demilitarized zone or other areas where Agent Orange was sprayed may be eligible.
Health care benefits , a full range of medical benefits. There are many ways a Veteran may qualify.

How Do I Qualify For Agent Orange Related VA Benefits? How Do I Satisfy The “Presumption”?

To get VA disability for Agent Orange exposure, the veteran must prove the following:

In-service exposure to Agent Orange.
Current diagnosis of a medical condition associated with Agent Orange (a list of these conditions can be found here ).

In-Service Exposure

The VA presumes veterans who served in these locations during the specified time periods were exposed to Agent Orange:

Veterans with boots-on-the-ground in Vietnam; veterans with service aboard a ship which operated in the inland waterways of Vietnam (i.e. Brown Water veterans);
Veterans with service in or near the Korean demilitarized zone (DMZ) between April 1, 1968 and August 31, 1971;
Active duty and reservist personnel who had regular contact with C-123 aircraft between 1969 and 1986.

The VA also recognizes Agent Orange exposure in veterans whose service involved duty on or near the perimeters of certain Royal Thai Air Force Bases in Thailand between January 9, 1962 and May 7, 1975. However, Thailand veterans are not entitled to a presumption of Agent Orange exposure, but they can still qualify for VA Disability Benefits if these veterans prove exposure on a factual basis.

Current Diagnosis Of A Medical Condition Associated With Agent Orange Exposure

The following is a list of medical conditions associated with agent orange exposure. You can also find the VA’s detailed list here .

AL Amyloidosis
Chronic B-cell Leukemias
Chloracne (or similar acneform disease)
Diabetes Mellitus Type 2
Hodgkin’s Disease
Ischemic Heart Disease
Multiple Myeloma
Non-Hodgkin’s Lymphoma
Parkinson’s Disease
Peripheral Neuropathy, Early-Onset
Porphyria Cutanea Tarda
Prostate Cancer
Respiratory Cancers (includes lung cancer)
Soft Tissue Sarcomas (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma)

The New Law Allowing “Blue Water Navy Veterans” To Qualify For The Agent Orange Presumption

The VA is preparing to process Agent Orange exposure claims for “Blue Water Navy” Veterans who served offshore of the Republic of Vietnam between Jan. 9, 1962, and May 7, 1975.

These Veterans may be eligible for presumption of herbicide exposure through Public Law 116-23, Blue Water Navy Vietnam Veterans Act of 2019 , which was signed into law shortly after the ruling in Procopio v. Wilkie , and goes into effect Jan. 1, 2020. They may also qualify for a presumption of service connection if they have a disease that is recognized as being associated with Agent Orange exposure (listed above).

A “Blue Water Navy Veteran” is a veteran who served on a vessel operating not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia, as defined in Public Law 116-23 . An estimated 420,000 to 560,000 Vietnam-era Veterans may be considered Blue Water Navy Veterans.

Blue Water Navy Veterans are encouraged to submit disability compensation claims for conditions presumed to be related to Agent Orange exposure. Veterans over age 85 or with life-threatening illnesses will have priority in claims processing. Veterans who previously were denied for an Agent Orange related presumptive condition can file a new claim based on the change in law. Eligible survivors of deceased Blue Water Navy Veterans also may benefit from the new law and may file claims for benefits based on the veteran’s service.

If you believe you or a loved one suffers from a medical condition linked to Agent Orange exposure, please contact us for a thorough review of your case. Girard & Centonzio helps veterans and their families nationwide.

What is Dependency and Indemnity Compensation (DIC)?

Thu, 24 Oct 2024 19:05:46 GMT

DIC is an important benefit that is often overlooked or misunderstood. When most people think of VA benefits, they think of benefits paid directly to disabled veterans. However, there are several different types of benefits that are paid directly to veterans’ family members or other dependents — even after the veteran has died. DIC is one example. In short, DIC is a monthly benefit the VA awards to a surviving spouse or dependent child(ren) of a service member who satisfies certain requirements discussed below.

To apply for DIC, the claimant will need to file VA Form 21P-534 (if the claimant is a surviving spouse or child) or VA Form 21P-535 (if the claimant is a surviving parent). However, as of August 6, 2012, VA is required to interpret an application made on any document filed with either VA or the Social Security Administration that exhibits an intent to apply for survivor benefits , as an application for DIC. See 38 USCS § 5105.

DIC is paid to eligible survivors of:

Service members who died while on active duty, active duty for training, or inactive duty training; OR
Veterans who died as a result of a service-connected injury or disease; OR
Veterans who did not die as a result of a service-connected injury or disease, but were totally disabled by a service-connected disability:
For at least 10 years before death, OR
Since their release from active duty and for at least five years before death, OR
For at least one year before death, if they were a former prisoner of war and died after Sept. 30, 1999.

Who Are Eligible Survivors?

Surviving Spouses
You may be eligible for DIC benefits if you are a surviving spouse who:

Married a Service member who died on active duty, active duty for training or inactive duty training, OR
Married the deceased Veteran before Jan. 1, 1957, OR
Married a Veteran who died from a service-connected injury or disease, as long as the marriage began within 15 years of discharge, OR
Married the deceased Veteran for at least one year, OR
Had a child with the Veteran and cohabitated with the Veteran until their death.
Note: If you have a child with the Veteran but were separated, you must not be at fault for the separation and not be remarried in order to be eligible.
Note: If you remarried on or after Dec. 16, 2003 and were at least 57 years old, you may still be eligible.

Surviving Children
If you are a surviving child, you may be eligible for DIC if the Veteran parent:

Died in the line of duty, OR
Died as a result of a service-connected injury or disease.

You also must be unmarried and either:

Under the age of 18, OR
Between the ages of 18 and 23 and currently attending school.

Parents
If you are a surviving parent, you may be eligible for DIC if the Veteran child:

Died in the line of duty, OR
Died as a result of a service-connected injury or disease.

Need Help?

If you need help filing a DIC claim, you can find your local Veterans Service Organization (VSO) by using the search engine found here . If the VA has already denied your DIC claim, contact us today for a case evaluation.

When Does the VA Have the Duty to Assist Under the AMA?

Thu, 24 Oct 2024 19:04:43 GMT

One of the main purposes behind implementing the Appeals Modernization Act (AMA) was to speed up the VA claims process. According to Congress, one way to do this is to lessen the VA’s duty to assist Veterans in developing their claims. In a nutshell, the duty to assist requires the VA to gather information that may help support the Veteran’s claim, such as service personnel records, service medical records, and VA medical records. Unfortunately, the AMA changes when the VA has the duty to assist.

Of course, this does not sound like a good thing. Given how complex the VA claims process is, assistance is exactly what Veterans need. If the VA wanted to provide less assistance, then arguably they should have made the process LESS complicated rather than more complicated. However, we will save that conversation for another day. In this post, we are going to provide an overview of when the VA still has the duty to assist under the AMA, so Veterans can navigate the process properly.

Here are the basic principles to remember:

The VA ONLY has the duty to assist during an original or supplemental claim .
Once the VA issues a Ratings Decision on an original or supplemental claim, the VA no longer has a duty to assist the Veteran in developing evidence to substantiate the claim.
Therefore, the Board of Veterans’ Appeals (Board) has NO DUTY TO ASSIST the Veteran. This means the Board will no longer be obligated to remand decisions for the purpose of developing additional evidence for the claim. However, if the Board finds that the Regional Office made a duty to assist error, it can remand the case and instruct the Regional Office to fix that error. It is important to note that the duty to assist error must be pre-decisional, meaning it occurred prior to the Agency of Original Jurisdiction (e.g. Regional Office) adjudication on appeal. In other words, the only evidence that can be looked at for duty to assist errors under the AMA, has to already be in the file prior to the initial decision .
Additionally, the VA does not have a duty to assist if the Veteran chooses higher level review (HLR). However, similar to the Board, the reviewer is supposed to “return the issue for further development” if he or she finds a previous duty to assist error.

Feeling overwhelmed? You are not alone. At Girard & Centonzio, our job is to understand this process and help veterans navigate it to obtain the benefits they rightfully earned. If your claim has been denied, contact us today for a case evaluation.

What is the Court of Appeals for Veterans Claims? What is the Process like?

Thu, 24 Oct 2024 19:02:40 GMT

A claimant has the right to appeal any benefits decision made by the Veterans Benefits Administration. The VA appeals process is set in law and is different from any other judicial appeals process. Since the process is complex, claimants often obtain a representative to help with the appeal. This representative may be a lawyer, a claims agent, or a Veterans Service Officer.

Currently, there are two separate systems in which VA Appeals are processed: the “Legacy” system and the “AMA” system . The Appeals Modernization Act (AMA) was officially implemented on February 19, 2019. Every new decision decided after that date is under the new program–i.e., the AMA system. While open claims decided before that date are now referred to as “Legacy” claims and processed under the old system. Below is an overview of each.

Legacy VA Claims Appeals Process

1. To begin the appeals process, a claimant must file a Notice of Disagreement (NOD) ( VA Form 21-0958 ). Claimants must file a NOD within 1 year of the date on the letter notifying him or her of the claim decision. The claimant can file the NOD by mailing it to the address provided on the VA claim decision letter or by bringing it to a local VA Regional Office. After the VA Regional Office receives the NOD, the claimant will be able to check his or her appeal status online.

2. After filing the NOD, a Decision Review Officer will review the evidence related to the appeal, including any new evidence sent. If the Decision Review Officer determines that there is insufficient evidence to grant the appeal, they will send their findings in a document called a “ Statement of the Case. ” The Statement of the Case will include the decision, the reasons and bases for the decision, and a summary of the claims process thus far. The claimant can then decide whether to continue his or her appeal to the Board of Veterans’ Appeals. To continue the appeal, the claimant will need to fill out Form 9 , which will be included with the Statement of the Case. The VA Form 9 must be filed within 60 days of the date of the mailing of the Statement of the Case. (Optional) The claimant can submit new evidence for his or her appeal at any time in the process. If the claimant submits new evidence after receiving a Statement of the Case, the Decision Review Officer will need to write a Supplemental Statement of the Case before sending the case to the Board of Veterans’ Appeals. Once the appeal is sent, the claimant will need to submit any new evidence directly to the Board. The Veterans Benefits Administration will not review any new evidence after the claim has been sent to the Board.

3. The Decision Review Officer will finish the review and send the claim to the Board of Veterans’ Appeals. The Board reviews cases in the order received according to the date on the VA Form 9. A judge will begin to review the claim on the appeal when it is among the oldest appeals ready for their review. If the claimant suffers from a serious illness, financial distress, or other sufficient cause (a reason for needing an appeal reviewed faster), the claimant can apply to have his or her appeal advanced on the docket. If the claimant is over 75 years old, his or her appeal will receive this expedited status automatically. “Advanced on Docket” appeals are prioritized so they are always at the front of the line.

4. (Optional)
There is the option to request a hearing with a Veterans Law Judge. At the hearing, the judge will ask the claimant questions about the appeal. A transcript of the hearing will be made and added to the appeal file. The veteran’s law judge will not decide on the appeal at the hearing.

5. The Board reviews the appeal and provides a decision on each issue in the appeal. The Board decides EACH issue in 1 of 3 ways:

6. If the claimant disagrees with the Board’s decision, they can appeal to the Court of Appeals for Veterans Claims. The claimant will need to hire a VA-accredited attorney to represent them, or they may represent themselves. The claimant will need to file a Court appeal within 120 days of the Board’s decision.

New VA Claims Under The AMA

1. To begin the Appeals process, a claimant must determine which “lane” they should take: (1) Higher Level Review, (2) Supplemental Claim, or (3) Notice of Disagreement to the Board. Determining which “lane” a claimant should take is a complicated decision, which should be done on a case-by-case basis as there are many factors involved. For example, there are different evidentiary requirements for each “lane.” Under Higher Level Review, the VA will not look at any new relevant evidence. Under Supplemental Claim, the claimant must submit “new and relevant” evidence. Under Board review, the claimant may submit new evidence, but the evidence must be submitted within 90 days of the appeal. The claimant may also request a Board hearing.

2. Once the claimant has decided which “lane” is best for his or her situation, the claimant should file the correct VA form AND relevant evidence (if applicable). For Higher Level Review, use Form 20-0996 . For Supplemental Claim, use Form 20-0995 . For Board Review, use Form 10182 .

3. If the VA denies the claim in any of the three lanes, the claimant has several more options to continue pursuing the claim. This is where it gets complicated. In an attempt to simplify the process at this point, we have created the chart below. You should be able to enlarge the chart by clicking on the image and zooming in.

What is the Board of Veterans’ Appeals? What is the Appeals Process like?

Thu, 24 Oct 2024 19:01:32 GMT

What Is The Board Of Veterans’ Appeals?

The Board of Veterans’ Appeals (“Board”) is an administrative tribunal within the Department of Veterans Affairs (“VA”) that was established in 1933 to provide an appellate review process for decisions made by a VA Regional Office (“VARO”). The Board is located in Washington, D.C. The Board has jurisdiction over all matters, questions of law or fact, decided by the VARO. The VARO decision is the first decision a veteran receives on their disability claim. If a veteran disagrees with that decision, they can appeal the decision, and have it reviewed by the Board. The Board’s review is de novo, meaning that they view all the evidence as new, or without considering the RO’s decision. Board decisions are considered final, unless the veteran decides to appeal the decision to the Court of Appeals for Veterans Claims (“CAVC”). For more information on the CAVC and its process, click here

Although the Board is part of the VA, it is required to view all evidence “in the light most favorable to the veteran.” Again, as part of the VA, the Board should be upholding the non-adversarial nature of the VA claims process.

Recent Changes In The Appeals Process

To discuss the Board’s process, we must discuss the changes in recent law concerning disagreements with a Regional Office (“VARO”) decision. On August 23, 2017, President Donald Trump signed the Veterans Appeals Improvement and Modernization Act of 2017 (Appeals Modernization Act or “AMA”) into law. Subsequently, there are now two different processes that appeals may be in depending on the date of the claim decision: the legacy appeal process and the AMA appeal process.

For decisions dated on or after February 19, 2019, the appeal will be in the AMA appeal process — i.e., the new process.

For decisions dated before February 19, 2019, the appeal will be in the legacy appeal process. However, there are two steps in the legacy process that allows veterans to opt out of the legacy process and opt into the AMA appeal process if the veteran would like.

Legacy Appeals Process

As stated, to be in the legacy appeals process, a VARO decision must have been dated BEFORE February 19, 2019. Additionally, the veteran must NOT HAVE opted out of the legacy appeals process.

It is worth noting that the VA has stated that they have resolved a majority of the legacy appeals. However, with the remaining legacy appeals, the VA has implemented the Legacy Appeals Resolution Plan (“LARP”). The VA is ahead of schedule of their targeted date to conclude all legacy appeals, which was the end of 2022.

Please remember this process is only available for decisions that are dated BEFORE February 19, 2019. Additionally, this is not applicable if the veteran opted into the AMA Appeal Process.

Step 1 – Notice of Disagreement – Legacy Appeals Process

After receiving your VARO decision, the first step is to file a Notice of Disagreement (“NOD”). A NOD must be submitted on a VA Form 21-0958. This form should be included with the VARO decision. To properly appeal the decision, the veteran must completely fill out this form, list all of the claims the veteran intends to appeal, and send it back to the address provided in the instructions.

Step 2 – Statement of the Case – Legacy Appeals Process

After the VA receives the veteran’s NOD, the VARO will re-review the evidence related to the appeal. The VARO will also review any new evidence submitted or obtained on the veteran’s behalf. If the VARO decides that there is insufficient evidence to grant the appeal, then they will issue a Statement of the Case (“SOC”).

The SOC is a statement made by the VARO outlining their various findings related to the facts and law regarding the disability claim.

Additional Info about Supplemental Statements of the Case:

Veterans can submit new evidence to the VARO at any point in the Legacy Appeals Process. However, if the veteran submits new evidence after the VARO has issued a SOC, then the VARO may have to release a Supplemental Statement of the Case (“SSOC”). The date on the new SSOC will determine whether the claim is in the Legacy Appeals Process or the AMA Appeals Process. After a SSOC is issued, the process will continue below to Step 4.

Step 3 – Disagree with SOC – Legacy Appeals Process

If the veteran disagrees with the findings listed in the SOC, then they will now have to appeal to the Board.

To appeal to the Board, the veteran must fill out a VA Form 9 within 60 days from the date on the SOC. The VA Form 9 asks the veteran to identify the reason that they believe their claim was decided incorrectly. Additionally, it gives the choice to appeal certain issues from the SOC or all the issues from the SOC.

IMPORTANT: If you are in the Legacy Appeals Process and want to opt into the AMA Appeals Process, you can do so at this step of the process. If you choose to opt into the AMA Appeals Process, you will have 60 days from the date on the SOC to opt into the new decision review process. If you decide to opt into the AMA Appeals Process, then no further steps from the Legacy Appeals Process will apply to you.

Step 4 – Appeal Sent to Board – Legacy Appeals Process

The Board reviews cases in the order received, unless there are circumstances that call for an “Advanced on Docket” status for the appeal. Such circumstances include serious illness, financial distress, advanced age, or other sufficient cause. “Advanced on Docket” status gives an appeal priority over regular appeals and are reviewed in the order received.

Step 5 – Optional Board Hearing – Legacy Appeals Process

Veterans have the option to request a Board hearing. No decision will be made at this hearing, but the judge will ask the veteran certain questions. All questions and answers from the hearing will be transcribed and added to the veteran’s claims file.

Step 6 – Board Decision – Legacy Appeals Process

The Board will then decide on each claim in the appeal. Each claim will either be granted, remanded, or denied.

If the Board grants a claim, then the Board has granted the benefits the veteran was requesting, and the VARO must confirm the Board’s decision. If the Board remands a claim, then the Board has determined the claim needs more evidence or the VARO must correct an error. The claim will return to the VARO and a new decision will be made after the new evidence is received. If the Board denies a claim, then the Board did not grant the veteran the benefits they were requesting.

AMA Appeals Process

As stated, decisions dated on or after February 19, 2019, will be placed in the new AMA Appeals Process. This process was established by the Appeals Modernization Act of 2017.

There are three different decision review options available to veterans through the AMA Appeals Process: Supplemental Claim, Higher-Level Review, or Board Appeal. The best option will depend on the individual veteran’s situation.

U.S. Dept. of Veterans Affairs Fact Sheet on VA Appeals Modernization Decision Review Timeline.

Supplemental Claim

One option available to a veteran who disagrees with a decision made by the VARO is submitting a Supplemental Claim. To submit a valid supplemental claim, the veteran must submit “new and relevant evidence.” The VA defines new evidence as evidence “not previously part of the actual record before the agency adjudicators” and relevant evidence is evidence that “tends to prove or disprove a matter at issue in a claim.” See 38 C.F.R. § 3.2501(a)(1).

To file a supplemental claim, the veteran must fill out the Decision Review Request: Supplemental Claim (VA Form 20-0995).

Step 1 – Select benefit type in Part I, Question 12

For disability claims, the veteran would check “Compensation.” Please remember that only one benefit type can be selected. If the veteran has more than one benefit type to appeal (e.g.: compensation and insurance), then they must fill out a separate form for each.

Step 2 – List the issues you would like reviewed in Part II, Question 13

The veteran should list all the specific issues that they would like reviewed and the date the decision was made.

Step 3 – Gather new and relevant evidence to submit

The veteran can submit new and relevant evidence to the VA or identify evidence that the VA may need to gather themselves. The VA can attempt to gather evidence from any government or private medical facility. However, if the veteran needs the VA to gather records from a government facility, the veteran will need to list the name, location, and dates for the records in Part III, Question 15. If the veteran needs the VA to gather evidence from a private facility, then the veteran will need to fill out and sign VA Form 21-4142 (Authorization to Disclose Information to the VA).

Step 4 – Submit the form to the VA

Send the completed form and any supporting documentation to the VARO. The veteran can also turn the form in at the VARO in person. If requesting review of a compensation benefit, the veteran should mail the form to:

Department of Veterans Affairs

Claims Intake Center

PO Box 4444

Janesville, WI 53547-4444

Step 5 – Decision

If the veteran disagrees with the decision made through the Supplemental Claim process, they can request a Higher-Level Review of the decision or file for a Board Appeal. The veteran may also file another Supplemental Claim if they have any new and relevant evidence.

Higher-Level Review

Another option available to a veteran who disagrees with a decision made by the VARO is requesting a Higher-Level Review. A Higher-Level Review consists of having a senior claims reviewer looking at your claims file and case. Veterans CANNOT submit any new evidence in the Higher-Level Review option. However, the veteran will be given an opportunity to explain why the decision should be changed.

To file a request for Higher-Level Review, the veteran must fill out the Decision Review Request: Higher-Level Review (VA Form 20-0996).

Step 1 – Select benefit type in Part I, Question 12

Step 2 – Request an informal phone conference with the reviewer (Optional)

The veteran or veteran’s representative can speak with the reviewer, identify the issues, and explain why the decision should be changed. The veteran can request this informal conference on Part II of the Decision Review Request: Higher-Level Review form.

Step 3 – List the issues you would like reviewed in Part III, Question 15

The veteran should list all the specific issues that they would like reviewed and the date the decision was made.

Step 4 – Submit the form to the VA

Department of Veterans Affairs
Claims Intake Center
PO Box 4444
Janesville, WI 53547-4444

Step 5 – Decision

If the veteran disagrees with the decision made through the Higher-Level Review process, they can file for a Board Appeal. The veteran may also file a Supplemental Claim if they have any new and relevant evidence.

Board Appeal

Another option available to a veteran who disagrees with a decision made by the VARO is requesting a Board Appeal. A Board Appeal is an appeal to a judge at the Board of Veterans’ Appeals (Board) in Washington, D.C.

To file a request for a Board Appeal, the veteran must fill out the Decision Review Request: Board Appeal (VA Form 10182).

Step 1 – Select Board Review Option Part II Question 11

The veteran must select their desired review option. There are three different Board Review options the veteran can choose from:

Direct Review by a Veterans Law Judge –

This option does not allow any additional evidence to be submitted and the veteran would not have a Board hearing. However, this option is the quickest of the three Board Review options.

Evidence Submission Reviewed by a Veterans Law Judge –

This option would allow additional evidence to be submitted but the veteran would not have a Board hearing.

Hearing with a Veterans Law Judge –

This option would give the veteran the opportunity to submit additional evidence and have a Board hearing. The veteran would be required to submit any additional evidence within 90 days of the Board hearing.

Step 2 – List the issues you would like reviewed in Part III, Question 12

The veteran should list all the specific issues that they would like reviewed and the date the decision was made.

Step 3 – Submit the form to the VA

Send the completed form and any supporting documentation to the VARO. The veteran can turn the form in at the VARO in person. If requesting review of compensation benefits, the veteran should mail the form to:

Department of Veterans Affairs
Claims Intake Center
PO Box 4444
Janesville, WI 53547-4444

The veteran may also fax the form to (844) 678-8979.

Step 4 – Decision

If the veteran disagrees with the decision made through the Board Appeal process, they may file a Supplemental Claim if they have any new and relevant evidence. If the veteran has no new evidence, they may appeal the decision to the U.S. Court of Appeals for Veterans Claims. The veteran cannot request the Higher-Level review option for a Board decision. For more information on the U.S. Court of Appeals for Veterans Claims, click here .

Common VA Disability Questions

Thu, 24 Oct 2024 18:59:11 GMT

According to the United States Department of Veterans Affairs , 5.23 million veterans were receiving Veterans Affairs (VA) disability compensation as of September 2021. Countless more veterans are waiting for the federal agency’s decision on their claim for VA disability benefits, and thousands of others are struggling with denials. At Girard & Centonzio, our veteran benefits attorneys understand how frustrating, complicated, and time-consuming the disability claims process can be. Our knowledgeable attorneys are dedicated to helping veterans navigate the VA disability filing and appeal process and answering common VA disability questions. We represent veterans seeking VA disability benefits nationwide from our Kansas, Florida, and California offices.

Answers To The Common VA Disability Appeal Questions

Below are answers to some of the most common questions veterans have regarding VA disability benefits and appeals in the United States.

What Are VA Disability Benefits?

The term “VA disability benefits” refers to compensation that the Department of Veterans Affairs (VA) awards to eligible veterans who have served in the military. A veteran might be eligible for these benefits if they suffered physical or mental health conditions during service. Most VA disability benefits are awarded to veterans to compensate them for service-connected disabilities. Unfortunately, however, many of these legitimate claims are denied, which forces a veteran to navigate a labyrinth known as the VA appeals process.

Why Was I Denied Benefits? Who Is Eligible for VA Disability Benefits?

Veterans who suffered physical injuries or developed mental health problems during active duty service are eligible to apply for VA disability benefits. A veteran may also file for disability benefits if their condition was aggravated by military service. In order to receive VA disability benefits for a service-connected disability, a veteran must meet the following eligibility requirements:

They have served in the United States military (Navy, Army, Air Force, Marine Corps, Coast Guard).
Their military service was “active.”
Their discharge was not under dishonorable conditions.

According to the Department of Veterans Affairs , a veteran is not eligible for VA disability benefits if their character of discharge or service was under dishonorable conditions.

Again, many veterans that have a legitimate disability claim receive a denial and must go through a long and arduous appeal process. Consider visiting with an experienced VA disability appeal attorney to understand all of your legal options.

How Can the VA Deny a Service-Connected Disability Claim?

A disability is considered “service-connected” if the veteran can prove that their condition was:

Directly caused by active military service;
Aggravated by active military service;
Occurred while serving in the military; or
Caused by service-related conditions.

The Department of Veterans Affairs excludes conditions resulting from the use of alcohol and drugs from the list of service-connected disabilities. Some of these denials are appropriate, while others are not. Visiting with an experienced veteran appeal attorney can help you understand whether or not your service-connected disability claim denial can be appealed.

What Are the Most Common Types of VA Disability Appeal Claims?

Veterans received denials for their VA disability claims for every kind of injury and condition including:

Hearing loss
Tinnitus
Scarring
Eye injuries
Post-Traumatic Stress Disorder (PTSD)
Paralysis of the sciatic nerve
Loss of limbs
Knee problems, including limitation of flexion and arthritis
Back and neck pain
Spinal issues
Traumatic brain injuries
Degenerative arthritis
Musculoskeletal system conditions
Migraines

Regardless of the medical condition or impairment, a veteran might be eligible for VA

disability benefits and still receive a denial. Our experienced attorneys at Girard & Centonzio have handled countless VA disability appeal claims and are dedicated to serving our clients.

Why Are VA Disability Claims Denied?

In many cases, the Department of Veterans Affairs denies VA disability claims because they lack sufficient evidence to support the applicant’s case. Other grounds for VA disability claim denials include:

The veteran has fully recovered from the injury or condition;
The applicant missed deadlines when applying for benefits;
The applicant did not submit enough evidence to support their claim;
The doctor’s assessment of the condition is inaccurate or wrong;
There is no link between the condition and the applicant’s service;
There is no evidence to prove that the applicant served in the military;
The veteran failed to show up for mandatory medical examinations;
The applicant filled out and submitted the wrong form;
The applicant’s condition is not on the list of service-connected conditions; and
The applicant does not have the necessary disability rating to be eligible for benefits.

In many cases, a veteran will have a claim inappropriately denied based on one of these reasons. Visiting with an experienced attorney who understands veteran disability claim appeals can help you learn whether or not you have the legal standing to fight for justice and to receive the compensation you deserve.

Contact The Experienced VA Disability Attorneys At Girard & Centonzio

The Department of Veterans Affairs processes hundreds of thousands of VA disability claims every year. A large percentage of these claims are denied. At GC, our attorneys assist veterans in seeking VA disability benefits after a denial, proving that their conditions are service-connected, and guiding them through every step of the appeals process. If the common VA disability questions section above does not address your question, consider contacting us today for a case evaluation.

The Benefits Of Hiring A VA Disability Lawyer

Thu, 24 Oct 2024 18:58:18 GMT

Thousands of veterans seeking VA disability benefits do not know whether or not they can benefit from hiring a lawyer to help them with their VA appeal. In fact, many veterans navigate the VA appeals process on their own because they do not understand the benefits of hiring a VA disability lawyer. At Girard & Centonzio, our VA disability lawyers help veterans and their family members nationwide navigate the VA disability appeals claim process. We understand that veterans put their lives on the line for our country, so we are dedicated to working tirelessly with every client and offering personalized service.

Do Veterans Represented By Counsel For Appeals Have A Higher Success Rate?

The appeal process to receive VA disability benefits can be complex and time-consuming. The process often involves substantial paperwork and procedural requirements, which is why a veteran may not be fully aware of all the legal nuances, rules, and procedures to successfully overturn a VA decision regarding their disability benefits. That is why many veterans choose to hire a VA disability lawyer to help them navigate the appeals process and provide guidance every step of the way.

While applicants have a right to handle the VA disability appeal process on their own, many applicants consider the benefits of hiring a VA disability lawyer to help assist them. According to a report published by the Board of Veterans’ Appeals in 2018, veterans represented by legal counsel had a 45% success rate in having their claims granted. Without representation, only 27% of veterans had their appeal granted. The American Legion is a non-profit veterans service organization that provides assistance and guidance for veterans and military personnel across the United States. Of course, these statistics do not guarantee results. However, if you are interested in learning how a VA Disability Appeal attorney can help you, contact our law firm today.

What Does A VA Disability Appeal Lawyer Do?

VA disability appeal lawyers assist clients with the claim process after there has been a denial of a claim. When a veteran hires a VA disability attorney, they can expect their legal counsel to do the following:

Review the veteran’s unique case after it has been denied and determine what types of benefits may be available to them
Determine if the veteran meets eligibility requirements to apply for VA disability benefits
Gather sufficient evidence to support the applicant’s case for a claim
Prepare the veteran’s case for an appeal if their claim was denied

While applying for VA disability benefits might seem like a straightforward process, a veteran may encounter many challenges and obstacles when trying to convince the Department of Veterans Affairs to approve their claim after receiving a denial. A veteran may have a difficult or challenging time understanding eligibility requirements, gathering evidence to prove a service-connected disability, and handling other aspects of the appeal process. For this reason, a veteran might consider hiring a VA disability attorney to provide them with legal advice and guide them throughout the appeal process.

The Benefits Of Hiring A VA Disability Lawyer For Your Appeal

Hiring a VA disability lawyer may provide potential benefits to veterans seeking disability benefits after receiving a denial. The following are just a few advantages of being represented by a VA disability attorney:

Determine eligibility for VA disability benefits . When a veteran contacts GC, our attorneys will help determine the veteran’s eligibility for VA disability benefits and advise them on their options after they have received a denial. The Department of Veterans Affairs has strict eligibility requirements, which is why it can be difficult to determine if a veteran qualifies for benefits. If a veteran has been legitimately denied, our attorneys can let a veteran understand why they were denied benefits. However, if our attorneys determine that a veteran is eligible for benefits, we can also help ensure that their appeal is aggressively pursued in order to receive appropriate benefits.
Navigate the VA disability appeals process . Lawyers spend years or decades handling VA disability appeals, which is why they know the ins and outs of the VA system. A lawyer will help a veteran seeking VA disability benefits handle the legal aspects of their claim and fight for the compensation to which the veteran is entitled on appeal.
Collect the necessary evidence . The success of a VA disability claim depends on the applicant’s ability to present sufficient evidence proving the link between their active military service and their condition. The amount of evidence a veteran needs to establish the connection to the military service depends on their condition and the circumstances of their case. A skilled attorney is familiar with the documents and evidence that must be submitted to the Department of Veterans Affairs to increase the likelihood of a successful appeal case.
Provide guidance and support . The VA disability claims appeal process can take a considerable amount of time, which is why many veterans lose hope while waiting for the Department of Veterans Affairs’ decision. An experienced attorney provides their client with guidance and support throughout the appeal process to ensure that the veteran knows the status of their claim.

How To Choose A VA Disability Lawyer?

When hiring a VA disability lawyer, a veteran needs to make sure that their prospective lawyer has the following three qualities:

Accreditation by the Office of General Counsel (OCG) at the Department of Veterans Affairs . An attorney must be accredited by the OCG to represent veterans in VA disability cases.
Extensive experience . A veteran may want to consider hiring a VA disability lawyer with a proven track record of success. An experienced attorney will be able to provide valuable advice and guidance throughout the claims process at all levels including the Regional Office, the Board of Veterans Appeals, and the U.S. Court of Appeals for Veterans Claims.
Unwavering dedication . When choosing a VA disability lawyer, a veteran may want to consider hiring someone who genuinely cares about their client’s needs.

Our knowledgeable VA disability lawyers at Girard & Centonzio helped create case law in VA Disability Law, possess these three qualities, and are committed to representing veterans in VA disability cases.

VA Disability Lawyers At Girard & Centonzio

At GC, we appreciate the tremendous sacrifices veterans have made for our country. In return for these sacrifices, our country offers countless benefits to veterans. However, obtaining those benefits can be a complex and frustrating process, which is why many veterans consider hiring a VA disability lawyer to help them navigate the VA disability appeal process.

Appealing The Effective Date Of A VA Claim

Thu, 24 Oct 2024 18:57:32 GMT

According to the United States Department of Veterans Affairs (VA) veterans who were injured or became ill while serving in the military often qualify for disability benefits. These benefits are paid monthly and are tax-free, and often apply to veterans who suffer from post-traumatic stress disorder (PTSD), chronic illness, and other physical or mental conditions. It is not unusual for veterans to question whether the effective date assigned by the VA is correct, or how it was assigned. Those with questions about appealing the effective date of a VA claim may want to consider reaching out to Girard & Centonzio.

Effective Dates For VA Claims

Many veterans are not certain of the actual effective date of their VA claim. The Veterans Administration assigns a date to a veteran’s claim that, if approved, will pay retroactive benefits to that date. Some veterans assume the effective date is the date they submit a claim, however it is the date the claim is received by the VA. For instance, a veteran may submit a claim on August 3, 2021, and the VA receives it on August 7, 2021. August 7 would be the effective date. The effective date is critical as it has a huge impact on the dollar amount of retroactive benefits. Unfortunately for many veterans, errors are made that result in effective dates that are incorrect. Retroactive benefits are paid in a lump sum, which can make a big impact on the life of a veteran.

How Retroactive Benefits Are Determined

Retroactive benefits are essentially back pay which is determined by one of two potential effective dates:

The date the VA claim was filed
The date the disability becomes apparent or increases

In most cases the effective date is the date the VA claim was filed. There are countless instances in which a veteran may file a VA claim and not receive benefits for years. For instance, a veteran may file a claim for a back disability related to military service on February 3, 2013, which is ultimately denied on March 10, 2015, by the regional office. The VA claim is appealed, and remanded on April 3, 2018 by the Board of Veterans’ Appeals. Finally, the VA claim is granted two years later in 2020 by the regional office. Roughly seven years have passed since the initial claim was filed. Retroactive benefits are also determined by the level of disability which may be 30%, 50%, or any other percentage based on a physician’s determination on the extent to which a disability impacts the veteran.

Total Disability Individual Unemployability (TDIU)

There are veterans whose military service-related disabilities prevent them from working or participating in gainful employment. Even when a veteran is not at a 100% scheduler rating, that veteran may be eligible for VA benefits referred to as “total disability on the basis of individual unemployability,” or TDIU. According to VetsFirst a veteran’s inability to engage in substantially gainful employment is a primary issue in TDIU claims. The federal government determines the annual poverty level, which is the amount that must be paid to a veteran who is able to engage in substantially gainful employment. Veterans must meet certain requirements as outlined below to qualify for TDIU benefits:

A veteran’s service-related condition must be schedular rated at a minimum of 60% when there is a single related condition
When the veteran has a minimum of two service-related conditions, one must be rated at 40% or greater and the combined schedular rate 70% or higher
In either of the above, a veteran’s service-related conditions must be the cause of unemployability

Every VA claim for disability is revied by the Veteran’s Administration for TDIU, however it is recommended that veterans submit a specific claim for this benefit. Those with concerns or in need of legal guidance may want to consider scheduling a consultation with Girard & Centonzio.

Determining The Correct Effective Date

It would not seem as though determining an effective date of a VA claim is difficult, but it is not always clear and straightforward. While it may be as easy as the date a VA claim was received by the VA, there may be issues with the effective date such as:

A medical examination date may be incorrectly used by the VA rather than the date the claim was received
The VA used the date a claim was appealed rather than the date received
The VA claim is reopened, causing the effective date to be confusing for the veteran – the date the claim is reopened is the effective date
Changes in VA law
Disability benefits were applied for within a year of leaving the service – effective date is the day after leaving military service in this case

A veteran who does not agree with the effective date of their VA claim may want to consider visiting with an attorney who is skilled and experienced in veterans’ disability matters.

Appealing The Effective Date Of A VA Claim

Veterans may request a higher-level review when questioning the effective date of a claim. This is a review performed by a senior VA claims adjudicator who is more experienced in veterans’ disabilities and claims. Veterans do not have to submit additional evidence for this review. When a claim is continually denied, it may be necessary to appeal up to the Board of Veterans’ Appeals . Appealing an effective date can seem complex. However, an attorney may be able to help make the process simpler and less stressful.

Consider Scheduling A Consultation With GC

Veterans face difficult challenges long after they have left military service. From debilitating back injuries to paralysis and PTSD, veterans deserve to be compensated for physical or mental injuries they suffered in their duty to our country. Those who need assistance appealing the effective date of a VA claim may want to consider contacting us today for a case evaluation.

Your Guide to the VA Disability Appeals Process

Thu, 24 Oct 2024 18:56:31 GMT

The experienced veterans benefits attorneys at GC understand the unique complications inherent to the VA disability appeals process. If you are a veteran with a disability claim, the path forward is challenging, and if your claim has been denied or ineffectively addressed, it can be more so. The dedicated veterans benefits attorneys at Girard & Centonzio take a personal interest in veterans affairs and take considerable pride in helping veterans like you appeal your VA decisions and get the benefits you deserve for your dedicated service to our country. In our commitment to veterans, we offer you this guide to the VA disability appeals process.

The United States Department Of Veterans Affairs

In 2019, the United States Department of Veterans Affairs (VA) changed its legacy appeals process to what is now the decision review process. As such if you have received a VA decision that is dated on or after February 19, 2019, you have three options to choose from regarding a review of the decision you have received (in the continuance of your case).

These include:

A Supplemental Claim
A Higher-Level Review
A Board Appeal

This means that if the results of the first option you choose are not satisfactory, you can pursue another option (dependent upon eligibility).

Veterans Benefits Claims Are Complicated

One of the most important points to make about veterans benefits claims is that they are exceptionally complicated. The most common reasons for appealing veterans benefits decisions include:

Benefits were denied for a disability the applicant considers service related.
The benefits rating assigned is lower than the applicant considers appropriate.

As your guide to the VA disability appeals process, the trusted veterans benefits attorneys at GC are standing by to help.

Knowing Which Appeal Option Applies

Before moving forward with appealing the VA decision you have received, it is important to first determine the category of decision it falls into. The United States Department of Veterans Affairs’ Appeals Modernization Act (AMA) went into effect in 2017, and it directs your appeal options.

AMA Initial Claim Level Rating Decision

If you have received an AMA initial claim level rating decision, you can file your decision review request in any of the appeal venues (or lanes), including a supplemental claim, a higher-level review, or an appeal with the Board of Veterans’ Appeals (BVA or Board).

AMA Supplemental Claim Rating Decision

If you have received an AMA supplemental claim rating decision, you have the same breadth of options related to your decision review request that are available to those who receive AMA initial claim level rating decisions.

AMA Higher-Level Review Rating Decision

If you have received an AMA higher-level review rating decision, your appeal options are limited to either filing a decision review request via a supplemental claim or filing an appeal with the BVA. Higher-level review decisions cannot be appealed via the higher-level review process.

The Appeals Options

An important facet of appealing a VA disability decision is understanding what each level of appeal encompasses.

Supplemental Claim

At the supplemental claim level, the VA will proceed with re-adjudicating your case only if you can present or identify new, relevant evidence with the submission of your appeal.

Higher-Level Review

In the higher-level review lane, the VA will not take any new evidence into consideration regarding your case. You will, however, have the opportunity to engage in a one-time telephone conference with the reviewer in your case. This reviewer will engage in what is known as a de novo review, which is a standard of review that involves using the original record while applying the law to the evidence at hand without yielding to the original ruling (as appropriate). If the higher-level reviewer in your case finds an error in the VA’s Duty to Assist, your case will be returned to the lower level for the necessary corrections to be made.

Board Appeal

With a Board appeal, you have three options regarding the docket you want your appeal to be scheduled in, including:

The BVA Evidence Only Docket – With the BVA evidence only option, you can submit additional evidence at the time you file your BVA Notice of Disagreement (NOD) or within 90 days of submitting your NOD.
The BVA Direct Docket – With the BVA direct docket, you will not have the option of submitting additional evidence, and the BVA’s decision will be predicated on the evidence already of record. The advantage of filing on the direct docket is that you will receive your final decision more quickly.
The BVA Hearing Docket – With the BVA hearing docket, you will not only be provided with the opportunity to testify on behalf of your appeal at a BVA hearing but will also be allowed to submit additional evidence in defense of your case (either at the time of the hearing or within 90 days of the hearing).

There is no denying that the VA disability process is complicated and that the appeals process is more so. Having a formidable veterans benefits attorney in your corner from the outset is always well advised.

Seek The Professional Legal Guidance Of An Experienced Veterans Benefits Attorney Today

If your veterans disability claim has been denied or your assigned rating doesn’t match the level of disability you have experienced, successfully appealing the VA’s decision is a lengthy and complicated journey that calls out for professional legal guidance. Your case – and your future – however, are far too important to leave to chance. While your guide to the VA disability appeals process can help you make the right decisions for you moving forward, nothing can replace having a skilled veterans benefits attorney on your side. At GC we recognize the gravity of your situation and are committed to effectively employing the full force of our impressive experience in pursuit of your case’s most advantageous resolution.

Irritable Bowel Syndrome and VA Benefits

Thu, 24 Oct 2024 18:55:21 GMT

If you are a veteran who suffers from irritable bowel syndrome (IBS) and you believe that this medical condition is a result of your time in military service, you may have the legal right to receive VA compensation for irritable bowel syndrome. IBS can be an especially challenging ailment, and many veterans are afflicted with health concerns related to their digestive systems, including IBS. VA disability ratings for IBS are predicated on the frequency, duration, and severity of the symptoms you suffer. Ensuring that you VA benefits for this condition is important to help you live your fullest life. Unfortunately, many VA claims are denied on the basis of IBS.

IBS

The Mayo Clinic states that IBS is a common ailment that directly affects the large intestine of those who are afflicted. Some of the most common symptoms associated with IBS include abdominal pain, bloating, and cramping, which are difficult enough to endure. More serious cases, however, can lead to the following more dangerous symptoms:

An unexplained weight loss
Unexplained vomiting
Difficulty swallowing
Persistent pain
Iron deficiency anemia
Rectal bleeding

The Mayo Clinic also identifies triggers such as stress and risk factors such as mental health issues – both of which are common to many veterans (especially for those affected by Post-Traumatic Stress Disorder – PTSD). Because IBS is closely associated with a diminished quality of life and to mood disorders such as increased anxiety and depression, it is important to take the matter seriously.

The Link Between IBS And Veterans

The fact is that the United States Department of Veterans Affairs (VA) has conclusively identified a link between IBS and service in the military. While linking irritable bowel syndrome and VA benefits is challenging in individual cases, you should not let this stop you from seeking the benefits to which you are entitled and seeking an appeal if your VA claim was denied.

The Presumption Of Service Connection For POWs And Veterans Of The Gulf War

The VA recognizes an established presumptive connection related to IBS for anyone who was held as a prisoner of war (POW) for at least 30 days and for anyone who served in the Gulf War (in the Southwest Asia Theater of Operations). This means that, if either applies to you, you will not be required to prove a connection between your IBS and your service in the military. The presumption in these cases is that IBS and military service are connected, and this naturally helps to streamline the benefits process.

The Service Connection For All Other Veterans

For all other veterans, the connection between IBS and military service must be proven, and there are three circumstances that can establish such a connection, including:

The IBS in question first manifested or was first diagnosed during the veteran’s service, which establishes a service connection.
The IBS in question was diagnosed prior to military service, but the disorder became more pronounced after joining the military.
The IBS in question manifested during military service but was not diagnosed until after leaving the service.

Each of these approaches to proving a connection between IBS and military service involves its own challenges, but the knowledgeable veterans benefits attorneys at GC can help you with your VA appeal if your claim based on IBS was denied.

Manifestation During Service

If you acquired IBS while in the service and were diagnosed as such at the time, establishing your ailment’s connection to service is more straightforward. However, if you began suffering from IBS while in the service but the disorder was misdiagnosed, you will have additional obstacles to clear. For example, it is not unusual for IBS to be diagnosed early on as a food-borne illness, which is also very common to military service. Many instances like this result in a denial from the VA, which is why it is important to consider visiting with an experienced attorney to ensure your legal rights remain protected.

Made Worse By Service

If your IBS was exacerbated by your military service, the path forward can be exceptionally challenging. You will need to demonstrate in your appeal that the complications you are currently encountering are not a natural progression of the disorder but are, instead, service-related.

Diagnosed Post-Service

If your IBS was not diagnosed until after you left the service, you must be able to show in your VA appeal that your IBS-related disability manifested during your military service but was either misdiagnosed or failed to be correctly diagnosed at that time.

Disability Ratings

The VA’s disability ratings for IBS are addressed by the Code of Federal Regulations , which implements all the following names for the disorder:

Irritable colon syndrome
Mucous colitis
Spastic colitis

Regardless of whether the disorder is caused by the sufferer’s nerves, muscles, intestinal microflora, or intestinal lining, the disability rating applied by the VA is based on the level of abdominal distress experienced and by whether or not the case involves diarrhea.

A Mild Rating

If the case involves only mild and occasional abdominal distress and disfunction of the bowels, it is deemed mild, and the disability rating is 0 percent.

A Moderate Rating

If the case involves frequent occurrences of bowel dysfunction that is accompanied by abdominal distress, it is deemed moderate, and the disability rating is 10 percent.

A Severe Rating

If the IBS case involves diarrhea or alternating bouts of constipation and diarrhea – along with constant abdominal distress – it is deemed severe, and it receives the highest disability rating for IBS cases, which is 30 percent.

Consult With An Experienced Veterans Benefits Attorney

IBS can diminish your enjoyment of life and can preclude you from participating to the fullest. Unfortunately, many claims involving VA compensation for irritable bowel syndrome are denied. Irritable bowel syndrome and military service are commonly linked, and although proving the connection in your appeal case may be challenging, you have a legal right to receive VA compensation for irritable bowel syndrome. The veterans benefits attorneys at GC have extensive experience helping veterans like you obtain benefits through the appeals process, and we are ready to fight for you.

VA Reexaminations Explained

Thu, 24 Oct 2024 18:51:33 GMT

Veterans who receive disability benefits are often reexamined by the United States Department of Veterans Affairs (VA) , which leaves many concerned about what it can mean in terms of the benefits they receive. Military members who have served our country and suffered physical or mental injuries may be awarded compensation for these service-connected injuries. Having the VA tell you that the disability needs to be reexamined three, five, or even 10 years later can be quite troubling. Veterans often rely on these benefits for food, housing, and other needs. There are several VA reexaminations explained below to help veterans better understand what is often a stressful situation.

What Is A VA Reexamination?

Simply put, a reexamination is often requested by the VA to have a veteran’s disability or disabilities reevaluated. The VA schedules this medical reevaluation and sends notice to the veteran, who should never ignore it. Ignoring a reexamination notice from the VA may result in disability benefits being terminated automatically. Examples of reasons the VA may require a reexamination include:

It is anticipated the veteran’s injury or condition will improve with time
The VA must verify the veteran remains disabled
The VA must verify the severity of the veteran’s disability
Evidence has been received by the VA indicating the condition has changed since the veteran’s last medical examination

In most cases, those who are older than 55, have disabilities that are service-related and have failed to improve over a five-year or longer period, or whose disabilities are not expected to improve will not be subject to a reexamination. An example of a disability where improvement would not be expected is loss of limb or amputation injuries.

What Is The Reexamination Process?

When the VA evaluates a veteran’s case and determines a reexamination is necessary, it is required they:

Send a notice of the reexamination to the veteran
Provide 60 days for a response to the notification

When a veteran receives a letter from the VA regarding reexamination, the following is critical:

A hearing must be requested by the veteran within 30 days of receipt of the notice
Evidence supporting why the veteran’s rating should not be reduced must be provided within 60 days of receipt of the notice
When it is not possible to dispute the rate reduction proposal, it is urgent that veterans attend a scheduled medical reexamination

When disability benefits are rescinded by the VA and a veteran does not receive notice, it is possible to request benefits be reestablished. When the notice is received and ignored or a veteran does not request a hearing or attend a reexamination, benefits will be rescinded or reduced. When there is any confusion at all or there have been errors or miscommunication with the VA, a veteran’s compensation attorney with Girard & Centonzio may be able to help.

When It Is Impossible To Attend A Scheduled Reexamination

There are circumstances that in some cases may make it impossible for a veteran to attend a VA scheduled reexamination. Unless there is a reasonable excuse for not reporting to an examination, it is imperative to attend. However, the VA does reschedule reexaminations when there is a good reason or cause for not attending the original examination. When circumstances make it impossible to attend a schedule examination, the VA should be notified right away. Failing to show up for a scheduled examination or failure to notify the VA immediately that you cannot attend will result in disability benefits being reduced or terminated promptly. This will make reestablishing benefits far more difficult, if not impossible.

Note: Examinations scheduled by the VA are with physicians who are not interested in the doctor-patient relationship. They are simply reviewing the extent of a veteran’s disabilities and not providing medical treatment.

The 55-Years-Old Rule

It is not unusual for the VA to request reexaminations even though federal guidelines provide clear guidance regarding veterans who are 55 years old or older, and those who would be 55 on the date of a future examination. Veterans who are 55 or older are exempt from reexamination, however it is not guaranteed the VA will not request a reexamination. The Office of Inspector General (OIG) found in a 2017 review that among 300 requests for reexamination from the VA, more than a third (111) were not necessary. The OIG further estimated that the VA scheduled examinations for nearly 20,000 of 53,500 veterans that were unwarranted. Clearly, not every VA reexamination request is warranted. The VA either overlooks federal guidelines or is severely understaffed. Perhaps they simply do not want to put forth the time and effort necessary to protecting the benefits of veterans.

Disability Ratings Following Reexamination

VA-required reexaminations assist the VA in determining a veteran’s continued eligibility for benefits. After a reexamination, the VA may determine that:

A veteran is no longer eligible for disability benefits. This may be the result when symptoms of the disability are no longer experienced
A reduced disability rating may be applied. When symptoms lessen substantially but remain to some extent, the VA may determine to give a veteran reduced disability benefits that correspond to the reduced rating.
A higher disability rating may be assigned by the VA when a disability becomes worse, resulting in severe symptoms. This results in an increase in disability benefits that correspond with the higher rating

Consider Reaching Out To Girard & Centonzio

Hopefully, the VA reexaminations explained above will be of some help to veterans who want to better understand how reexaminations work and what may impact their VA disability benefits. The VA certainly makes its share of mistakes, so it is important to keep in mind that decisions made may not always be final. Those who have had their benefits reduced or terminated may want to consider seeking legal guidance.

The VA Appeals Strategy That Works for You

Thu, 24 Oct 2024 18:50:39 GMT

Girard & Centonzio assists numerous veterans each month who have been wrongfully denied VA disability benefits. The primary way this is done is by using the VA disability appeals process. In the past, this process consisted of a single procedure whereby veterans whose claims were denied could have their claims reviewed. It was a “one-size-fits-all” approach: every veteran whose claim was denied used the same procedure and had their claims reviewed by the same bodies.

Appeals Options for Veterans Since 2019

Since 2019, though, veterans have had several options when it comes to appealing their VA disability claim denial. The three options available include:

Higher-Level Review

First, veterans can ask a more senior official with the VA review their claim as submitted. This higher-level reviewer takes a fresh look at the claim and the documentation submitted with it and decides anew whether the veteran is entitled to benefits. No deference is given to the original decision when the higher-level reviewer makes their decision. A higher-level review is a good option when the original denial was clearly erroneous.

Supplemental Claim

Next, a veteran whose claim is denied can submit additional evidence supporting their claim to the VA and ask the VA to reconsider its decision in light of the new evidence. This is known as filing a Supplemental Claim, and veterans who choose this option need not start the claims process over again to take advantage of it.

Supplemental claims work best when the veteran is entitled to benefits but failed to include all the relevant documentation or records they could have when they first applied for benefits.

Board of Veterans Appeals

Last, the veteran can appeal a denial of their claim to the Board of Veterans Appeals. This body can review the veteran’s claim in an administrative proceeding. Or, if the veteran chooses, the Board will simply review the evidence and documentation submitted to the VA when reconsidering the claim. A veteran can also submit new evidence to the Board for its consideration along with the evidence and documentation originally submitted.

Additionally, under this new appellate procedure veterans are not limited to choosing just one of these options. So long as a veteran complies with all the procedural requirements and deadlines, they could take advantage of all appeal options.

Choosing the Right Appeal Strategy with a Lawyer’s Help

Just because all options are available to you does not mean you should avail yourself of them. Waiting for a decision can take weeks, months, or even years, depending on which appeal path you are taking. All the while, you are left without benefits that you and your family might need. The prospect of receiving retroactive benefits when your claim is eventually approved may be of little comfort if you are suffering financially now.

For this reason, you should consult with GC and one of our experienced VA disability appeals lawyers. We can assist veterans across the country with their VA disability appeal. We will review your claim and advise you of the fastest avenue available to have your claim approved.

How COLA Increases Affect Your Benefits

Thu, 24 Oct 2024 18:48:10 GMT

Earlier this year, President Joe Biden signed into law the Veterans Compensation Cost-of-Living Adjustment (COA) Act of 2023. Although this law is regularly passed with bipartisan support and signed into law without much commotion, it serves an important function. Specifically, this Act instructs the Department of Veterans Affairs to give VA benefits recipients the same cost-of-living adjustment as the Social Security Administration gives to Social Security recipients.

When the 2024 COLA Increases Take Effect

Although the law authorizing the COLA increase was passed in June 2023 and officially announced earlier this month, veterans will not see any increase to their benefits until January 2024. Until the COLA takes effect, veterans who are receiving disability benefits will continue to receive the same amount of benefits as they are presently receiving.

Amount of COLA Increase for 2024 Announced

VA benefit recipients will see a 3.2 percent increase to their benefits beginning in January 2024. For a veteran living alone with a ten percent disability rating, this means that their monthly benefit amount would go from $165.92 to $171.23. That same veteran with a 100 percent disability rating would see their monthly benefit increase to $3,737.85.

The COLA increase approved each year is tied to the Consumer Price Index, which is supposed to measure the change in the cost of goods and services in an urban marketplace. Last year, the COLA increase was nearly nine percent. This year’s increase is not even half of that, reflecting a slowing rate of inflation.

How VA Benefits are Impacted by the COLA Increase

If you presently receive VA disability benefits, you can expect to see those benefits increase automatically once the increase goes into effect in January. There is no additional action that you need to do other than to monitor your payments and ensure they increase as expected.

Veterans who apply for disability benefits and whose effective date is on or after January 1, 2024 should begin to receive benefits at the 2024 rates. Again, there is nothing the veteran would need to do other than to monitor their disability payments to ensure they are being paid at the correct rate.

Finally, if you are a veteran whose claim has an effective date prior to January 1, 2024, and whose claim is approved after the new pay rate goes into effect should receive retroactive benefits paid at the rate in effect from the time of their effective date up until January 2024, when the new rate would come into effect.

Assuming the claim is approved in 2024, future benefits would be paid at the 2024 rate until that rate increases because of another COLA increase.

If You Have Questions, GC Has Answers

Calculating VA disability benefits is not as easy as it may seem, especially when you are trying to calculate the retroactive benefits you are owed.

How Does the VA Address PTSD with Disability Benefits?

Thu, 24 Oct 2024 18:47:21 GMT

The National Center for PTSD reveals that as many as 23 out of every 100 veterans who receive care from a VA hospital or care center experienced posttraumatic stress disorder (PTSD) at some point in their lives. This statistic is even more alarming considering that only seven out of 100 veterans who do not receive VA care have experienced PTSD.

Not all of the injuries that veterans receive from their military service can be easily seen. This does not make them any less real or disabling, and nowhere is this seen more clearly than with VA disability claims based on a diagnosis of PTSD. Veterans with this diagnosis who apply for VA disability benefits should be prepared for what can be a challenge in getting the benefits they deserve.

Posttraumatic Stress Disorder Described and Explained

Posttraumatic stress disorder (PTSD) is considered a mental condition that is brought on by being exposed to a traumatic event. There is no exhaustive list of traumatic events that can lead to PTSD, but some can be:

Being involved in a battle, dogfight, or firefight
Witnessing a fellow soldier being injured or killed
Observing civilians being injured or affected by war
Listening to others describe traumatic experiences, referred to as secondhand trauma

Those affected by PTSD can experience a variety of symptoms. One of the most common of these symptoms is recurring, involuntary thoughts or nightmares about the traumatic experience. Individuals with PTSD can lose sleep, be unable to concentrate, or have difficulty completing even basic self-care tasks depending on the severity and pervasiveness of these thoughts.

How PTSD Impacts Your VA Disability Claim

If you have been diagnosed with PTSD and your condition is due to some experience you had while serving, you can obtain disability benefits. You can seek VA disability benefits for PTSD alone or in combination with other service-related conditions. In either case, the VA will consider your PTSD, either alone or in combination with all other conditions, and assign you a disability rating.

The disability rating you receive is connected to how limited you are in your ability to complete daily activities, including employment. Unfortunately for veterans, receiving the highest rating of 100% (and, by extension, the greatest amount of benefits) for PTSD alone can be especially challenging. The evidence supporting your claim must clearly demonstrate that your PTSD symptoms prevent you from completing any activities of daily living, including self-care activities.

Should You Speak to a VA Disability Lawyer About Your PTSD Claim?

If you are seeking VA disability benefits following a PTSD diagnosis, having Girard & Centonzio and one of our experienced lawyers help you with your claim can be vital to getting the maximum amount of benefits for your condition. Our attorneys can help you submit a well-documented claim, or we can review your current award and determine if you are entitled to a higher disability rating.

Get started with your PTSD VA disability claim by contacting us today for a case evaluation.

What Are Some Examples of VA Disability Claims?

Thu, 24 Oct 2024 18:46:36 GMT

Veterans who sustain any sort of injury or develop any condition in connection with their military service may have the right to apply for disability benefits through the VA. These include both physical ailments as well as mental health conditions that manifest themselves with painful symptoms that impact a person’s physical life.

While the VA evaluates each claim based on the evidence submitted to it, certain types of claims appear to be granted more often than others. The list of these commonly approved VA disability claims includes the following conditions:

Tinnitus

Tinnitus is described as a “ringing in the ears” sensation and is caused by exposure to loud sounds the type of which military members are repeatedly and often exposed to. While the sound is uncomfortable and may interfere with your normal ability to hear, it does not result in deafness and rarely receives a high disability rating. However, a total of 2.7 million claims for benefits based on tinnitus were approved in 2022.

Knee Injuries

A total of 1.65 million claims for knee injuries were approved by the VA in 2022. While there can be varying degrees of limitations as a result of knee injuries, this condition can be treated in most cases where it is severe. Less severe cases may not warrant treatment because of the minimal benefit that a person might receive. As a result, disability ratings tend to be on the lower end of the spectrum.

Hearing Difficulties and Hearing Loss

The same sort of noises that can lead to tinnitus can also permanently damage a veteran’s hearing and lead to deafness. The VA typically has no issues approving these claims because of the many ways and places veterans can be exposed to loud noises while in the service. Ratings are typically low as individuals can still work and care for themselves even with significant hearing damage.

Post-Traumatic Stress Disorder

This severe mental condition is frequently associated with military service, especially among veterans who serve in an active combat zone or who witness traumatic events. This condition, also known as PTSD, can leave a person with vivid flashbacks and nightmares that affect both their waking and sleeping habits. As a result, disability ratings tend to be higher for claims of this nature.

Spinal Injuries

Service members are expected to shoulder heavy loads, both emotionally and physically. Back injuries are common, which is why claims of spinal injuries and back injuries are often approved. Approximately 1.3 million were approved in 2022 alone.

Contact a National Recognized Veterans Law Attorney Today

Just because a type of claim is commonly approved does not mean your claim will be. Nor does it guarantee that your claim will be approved at the rating it should be. If you have any questions or concerns about your approval letter, or if your claim for benefits is denied, we are here to help.

December 2023 Update on Camp Lejeune Claims

Thu, 24 Oct 2024 18:44:53 GMT

The Camp Lejeune Justice Act was passed in August 2022 to provide relief for service members and their families who suffered adverse health consequences as a result of toxic water exposure. Some of these conditions include various forms of cancer like liver cancer, lung cancer, and non-Hodgkin’s lymphoma, along with other medical conditions, such as infertility and Parkinson’s disease.

Veterans who were honorably discharged from service and civilians who either lived or worked at Camp Lejeune for 30 continuous days or more between August 1, 1953, and December 31, 1987, are eligible to file a claim if they developed one of the more than two dozen recognized conditions.

Since the law’s passage in 2022, there has been some movement toward resolving the more than 100,000 claims filed .

No Settlement Reached Yet

At this time, although there has been some progress toward resolving claims, no settlement offer has been made and accepted. There has not been a payment by the federal government to Camp Lejeune toxic water victims for their injuries. Recent status conferences in the case reveal that discovery continues to be exchanged as the courts and attorneys seek to better understand the full scope of the harm victims have suffered.

Still Time to File a Camp Lejeune Claim

Although more than 100,000 claims have already been filed, that number will likely grow in the near future. That is because the statute of limitations for Camp Lejeune claims was set at two years from the date of the Act’s passage. As a result, individuals who believe they have a claim against the government for their toxic water-related illness have until August 2024 to file a claim and participate in any recovery.

Should I File a Claim for Compensation?

If you have not yet filed a claim for compensation to participate in the Camp Lejeune case, you may be wondering if it is worth it to do so. First, you would need to ensure you are eligible to bring a claim. A skilled attorney familiar with the Act can usually determine if you meet the eligibility requirements and obtain the documents necessary to prove your eligibility.

Assuming you are eligible, a significant consideration is likely whether it is financially worthwhile to file a claim. While amounts have not yet been announced, it is anticipated that victims will receive anywhere between $100,000 to beyond $1 million each as part of the settlement. Any amount you receive would depend on the severity of your condition and the losses you experienced.

There may also be other avenues available for you to receive compensation aside from under the Act, including through a VA disability claim.

Have More Questions? Contact Girard & Centonzio

Knowing whether you can and should file a Camp Lejeune claim may not be an easy decision for you. GC is here to help. We are more than happy to go over the Act with you, including the process for filing a claim and recovering benefits. We can also alleviate any apprehension you might have by representing you, filing your claim for you, and ensuring your interests are protected throughout.

You Can Still File for Agent Orange Disability Benefits

Thu, 24 Oct 2024 18:44:11 GMT

It has been nearly 50 years since the Vietnam War concluded, but veterans of that conflict are still struggling with the physical and mental impacts of the war to this day. No matter if you were recently diagnosed with a health condition or you have struggled for years with an illness, it is not too late to file for VA disability benefits.

Specifically, veterans who were exposed to Agent Orange during the Vietnam War and who later developed certain specified health complications may be entitled to benefits. The recent passage of the PACT Act expanded eligibility for Agent Orange claims, so that veterans who were denied benefits in the past may be entitled to receive them now along with back pay.

Explaining Agent Orange Exposure

Agent Orange is a herbicide that the U.S. military used during the Vietnam War to kill vegetation in the thick jungles of Vietnam. The mixture that comprised Agent Orange contained the dangerous chemical dioxin which has been linked to numerous health complications and birth defects. During the Vietnam conflict, the mixture was sprayed at concentrations up to 20 times greater than what the manufacturer recommended.

The Aspen Institute reports that millions of Americans and Vietnamese , and as many as 150,000 children, have been impacted directly and indirectly by this chemical mixture.

Conditions to which Agent Orange is Linked

There are over a dozen listed qualifying medical conditions that the VA considers linked to Agent Orange exposure. These include:

Soft-tissue sarcoma
Non-Hodgkin’s lymphoma
Multiple myeloma
Prostate cancer
Type II diabetes

The PACT Act, passed in 2022, added two additional conditions to the list: high blood pressure and monoclonal gammopathy of undetermined significance (MGUS). These are considered presumptive conditions, meaning that if you served in Vietnam in an area where you were exposed to Agent Orange and you have any one of these conditions, the VA will presume you are entitled to benefits.

Although there is no time limit for filing a claim, but the date on which you file your claim will determine the start date for when your benefits will begin to accrue.

How the PACT Act Impacts Agent Orange Claims

Veterans who applied for Agent Orange VA disability benefits in the past for high blood pressure or MGUS and were denied prior to the PACT Act should reapply. Not only are these conditions now recognized as being connected to Agent Orange exposure, you could be entitled to benefits back to the time you initially filed your claim.

Speak to Girard & Centonzio Today About Your Benefits

No matter how long ago you served, you are entitled to the benefits you have earned. GC will help you access them. This includes veterans of the Vietnam War who are struggling with the effects of exposure to the physical toxins and harmful, traumatic experiences of that war.

What Could It Be, If Not PTSD?

Thu, 24 Oct 2024 18:42:33 GMT

Post-traumatic stress disorder (PTSD) is a traumatic mental health condition impacting approximately 23 percent of U.S. veterans, according to the VA. Each veteran’s experience with PTSD is unique, but for most veterans with the condition, it is one that will follow them for the rest of their lives.

Although combat veterans and others who have served in stressful and traumatic situations are at risk of PTSD, this is not the only traumatic disorder that a veteran might develop and suffer from. Nor is it the only mental health condition that can support a VA disability claim. This knowledge can give hope to those veterans who are suffering from a mental condition that is impacting their lives but who have not been diagnosed with PTSD.

Common Symptoms of PTSD

Not everyone who has PTSD will experience all of the symptoms of this condition, or experience all symptoms equally. Some of the more frequently encountered signs of PTSD include:

Involuntarily recalling the traumatic experience or having nightmares
Isolation or avoiding situations that remind you of the traumatic event
Persistent negative thoughts and feelings
Feeling on edge or always tense

Just as each person’s experience of PTSD is unique, so too is their treatment plan. PTSD is commonly treated with therapy, medication, or some combination of the two. The goal of treatment is to lessen the severity of symptoms and their impact on your daily life.

Other Conditions That Can Cause Similar Symptoms

If your medical professional has told you that you do not have PTSD but you are experiencing symptoms that are similar to those listed above, ask your provider if you might have:

Acute stress disorder, which has many of the same symptoms of PTSD but develops within the first month following exposure to a traumatic event
Adjustment disorders, which can leave you with feelings of hopelessness, suicidal thoughts, or impulsiveness as you struggle to adapt following a stressful event
Personality disorders, characterized by unusual and rigid thought and behavior patterns
Dissociative disorders, leading to a feeling of being disconnected from the world

You might also have an anxiety disorder or a depressive disorder. Anxiety disorders make you feel anxious, on edge, and fearful. Depressive disorders, on the other hand, can leave you feeling withdrawn, hopeless, and suicidal.

Talk with Your Doctor

Any feelings or thoughts you are experiencing that interfere with your daily life should warrant a trip to your doctor. Once an Accurate diagnosis is obtained, you can begin receiving treatment to help you manage your symptoms. It is important to remember that no matter how you feel right now, these feelings are not permanent and there is hope through appropriate treatment options.

No matter what mental health condition you might have, if it is connected to your military service and affects your ability to care for yourself or work a job, you could be entitled to VA disability benefits. To discuss your situation and potential benefits, contact us through our website .

Three Things to Know About Traumatic Brain Injuries

Thu, 24 Oct 2024 18:41:33 GMT

Every year, millions of Americans, both civilians and military personnel, are diagnosed with traumatic brain injuries (TBIs). Tens of thousands die from these injuries, and thousands more will require hospitalization. Although medical professionals are still understanding the short- and long-term consequences of TBIs, it is clear that some brain injuries can have a dramatic and permanent impact on the victim.

Three Things Every Veteran Should Know About TBIs

Getting appropriate care and treatment for a TBI begins with educating yourself about these injuries and what to look for. Current servicemembers as well as veterans should know:

Military Personnel are at an Increased Risk of Suffering a TBI

It is estimated that about two out of every ten military veterans have been exposed to some type of traumatic brain injury . This is far above the incidence rate of TBIs among the general population. Military service presents numerous TBI dangers apart from the battlefield, including:

Being struck by falling objects
Slipping and falling on uneven or slippery surfaces
Striking your head on low-hanging ceilings or objects
Falling off of a ladder or from a height

As a result, veterans should be especially mindful of the symptoms of TBI following a head injury of any sort.

A Traumatic Brain Injury Can Manifest in Many Ways

The way you experience a traumatic brain injury is not necessarily the way other veterans will experience a similar injury. For example, some of the initial symptoms of a TBI include loss of consciousness, a headache, and nausea and vomiting. Long-lasting symptoms of TBIs encompass everything from seizures to behavioral and personality changes.

As a result, if you hit your head and experience any unusual symptoms thereafter, it is best to get evaluated for a potential TBI.

A VA Disability Claim Could Give You Benefits for Your TBI and Associated Conditions

Moderate and severe TBIs often result in a veteran developing other mental and physical conditions, such as posttraumatic stress disorder. It is critical, therefore, that when applying for VA disability benefits you identify not just the TBI but all the correlated conditions that you developed as a result.

For example, your medical team may have classified your traumatic brain injury as being of moderate severity. However, your TBI may have left you with PTSD that significantly interferes with your ability to sleep and work. When applying for VA disability benefits, the VA should be told of both the TBI and your PTSD so that you can receive an appropriate amount of benefits.

Experienced Help Filing Your VA Disability Claim

If you are seeking VA disability benefits for your TBI and associated conditions, be sure to reach out to GC for help with your claim. While the VA might approve your claim for benefits, they may assign you a lower disability rating than you deserve. Whether your claim is denied or you are approved for smaller benefits than you anticipated, reach out to us for help.

How to Increase Your Disability Rating

Thu, 24 Oct 2024 18:40:43 GMT

When your claim for VA disability benefits is initially approved, the VA assigns your various service-connected conditions a disability rating. This disability rating reflects the VA’s opinion as to how significantly your injuries or health conditions limit your ability to work, and it is your disability rating that determines the amount of benefits you will receive.

Like most everything else in life, your injury or condition is not guaranteed to remain as it is today. Injuries can get worse over time , and the symptoms you experience might increase over the years. A condition that was initially awarded a 20 percent disability rating ten years ago might be rated much differently today.

How to Upgrade Your Disability Rating

Fortunately for veterans, the VA allows you to submit a disability claim to request additional compensation for your injury or condition. Submitting such a claim does not adversely affect the benefits you are already receiving. In other words, so long as your condition has not improved, you would not face a reduction or revocation of your existing benefits if the VA does not agree that your condition has gotten worse.

To apply for an increased rating, you would submit a new claim which would go through the same approval process as when you filed your initial claim. Because you are alleging your condition has gotten worse, you bear the burden of providing evidence that shows this to be true. Failing to support your claim will almost certainly result in your disability rating remaining the same.

You Have the Same Appeal Rights, Too

Not only is the process for applying for an increase in your disability rating substantially similar to the process for initially claiming benefits, but the appeals process works in a similar way, too. The VA will consider your request for an increased rating and enter a decision. You can appeal that decision if your request is denied entirely or if your disability rating does not increase as much as you feel it should.

Because you would be filing this appeal after February 19, 2019, you would have the option of requesting a Higher-Level Review, filing a Supplemental Claim, or asking the Board of Veterans’ Appeals to review your case. Finally, just as is true with first-time benefits claims, you could potentially avail yourself of all three appeals options.

How Girard & Centonzio Can Assist Veterans

As a general rule, expect to encounter some resistance from the VA to raising your disability rating and be prepared to provide a robust medical file to support your case. If you have done your best but are still concerned, it is not enough, or if your request has been denied, GC is eager to step in and help you.

No matter where you are at in the process, we can advise you and, if necessary, take over presenting your claim. Contact us today for a case evaluation.

3 Things You Need to Start Your VA Disability

Thu, 24 Oct 2024 18:40:00 GMT

If you intend to appeal the denial of your VA disability claim , it is important that you make sure you have all that you need before doing so. Pursuing an appeal prematurely or before you have the requisite components is not just a futile exercise. It will almost certainly result in a denial of your appeal and a waste of the time and effort you spent in pursuing it.

Before considering filing an appeal, be sure you have these three components in place:

A Decision Letter

You cannot file an appeal until the VA has denied your claim or rendered a decision that you take issue with. The decision letter is the official statement of how the VA has ruled on your claim and what benefits, if any, they are awarding you. It also contains the rationale the VA employed in reaching its decision.

Without the decision letter, the VA has not reached an official decision on your claim. Even if it has been months or years since you submitted your claim, your VA claim’s status is still considered pending and not appealable until you get the decision letter.

If it has been some time since you heard from the VA about your claim, follow up on its status with the VA itself or enlist the help of an attorney to do so.

One (or More) Reason(s) to Appeal

This may seem fundamental, but before you file an appeal, be certain you know what part or parts of the decision you wish to appeal. If your claim was denied, be certain you understand why the claim was denied before you rush to file an appeal. A claim that was denied because of a lack of service-connection will be handled differently than a claim that is denied because the VA does not believe you are disabled.

A denial of your claim is not the only decision you can appeal. You can appeal the VA’s rating that they assign to your disabilities if you believe the VA did not properly interpret your medical and other evidence.

A Timely Appeal on File

Once you have your decision letter, you generally have only one year to file your appeal . Once that year passes, you must start the application process over again. In doing so, you will lose out on any benefits you might have been entitled ot from the time you filed your first claim to when you refiled your claim following the first’s denial.

Need Additional Help? GC is Here for You

If you have questions or concerns about your VA claim and appealing an adverse decision, a skilled veterans law attorney from GC is a great source of information and advocacy. We will let you know if your case is ripe and ready for an appeal or what needs to happen to get your claim into such a position. Once ready, we will pursue your appeal with vigor and skill, working to get you the benefits you deserve.

How the VA Should Rate Your PTSD

Thu, 24 Oct 2024 18:39:04 GMT

The nature of military service makes veterans especially at-risk of developing posttraumatic stress disorder, or PTSD. One study suggested that as many as 23 percent of all veterans using VA facilities for care have experienced PTSD, compared with only six percent of people in the general population.

Post Traumatic Stress Disorder is a recognized disability for which veterans can receive VA disability benefits. If you have been diagnosed with this condition as a result of your military service, your claim will likely be approved. The amount of benefits you receive, though, may not be what you are entitled to obtain.

Learn how the VA should award you benefits for your PTSD , and how they can try to shortchange you.

The VA Rating System: An Overview

With any claim for disability benefits, once the VA determines that you have a disability and are entitled to benefits, the next question they tackle is deciding how much in benefits you should receive. They do this by assigning your disability a rating ranging from zero to 100, in increments of ten. The higher the number, the more your disability impacts your daily life and employability.

How the VA Rates Mental Health Conditions

When considering any mental health condition such as PTSD, the VA should consider your individual symptoms and assign each of them a disability rating. One symptom may have a rating of 30, while another might have a rating of 70. The more a specific symptom impacts your day-to-day life, the higher the rating it should receive.

With a condition like PTSD, it is not uncommon to have numerous symptoms that each have different ratings assigned to them. When this happens, the VA is not supposed to take an average of your ratings. For instance, suppose you have five symptoms and they have ratings of 30, 70, 40, 70, and 50. Your total VA rating should not be 50, which is the approximate average of these numbers.

Instead, the VA should assign you benefits based on the most severe symptom you experience. In the example above, this would mean that the VA should give you a VA disability rating of 70. If they do not, you could be missing out on hundreds of dollars of benefits every month.

Make Sure You Get the Benefits You Deserve

When you receive your award letter after filing for benefits based on PTSD, make sure to check your disability rating. If it seems low, it could be that the VA did not accurately calculate your rating. Contact us today for a case evaluation. Remember that you only have a limited time to appeal an incorrect VA disability rating.

By contacting GC as soon as you receive your award letter, you can rest assured that we will get to work getting you the benefits your PTSD deserves immediately. Speak to us today about your case.

The Various and Painful Effects of PTSD

Thu, 24 Oct 2024 18:38:13 GMT

Post-traumatic stress disorder (PTSD) is not a condition that is strictly limited to military veterans. The National Center for PTSD estimates that about six percent of the general adult population will develop PTSD at some point in their lives. Veterans who see conflict or experience trauma while in the service are at a greater risk of developing PTSD.

Five Ways PTSD Affects Your Life

Many people experience trauma at some point in their lives and may experience some temporary disruption to their daily lives as they adjust to the event. The symptoms of PTSD are longer-lasting and more pervasive than these temporary disruptions. Symptoms of PTSD commonly develop within a month of a traumatic event, but in some cases, years can pass before you begin to notice symptoms.

Five common symptoms associated with PTSD include:

Flashbacks of the Traumatic Event

First, you will likely experience frequent and uncontrollable flashbacks or nightmares of the traumatic event. More than just memories, these flashbacks are vivid re-experiences of the traumatic event and cause you to relive much of the trauma that you initially experienced. These flashbacks can occur both during the day and at night.

Severe Anxiety

As a result of the flashbacks, those with PTSD tend to develop severe anxiety. They may feel unsafe and worried that the traumatic event can happen again without warning. For instance, a veteran who develops PTSD following an attack may be on edge months or years later, fearful that another attack is imminent. This can impact their relationships with others and their ability to enjoy pleasant experiences with loved ones.

Difficulty Concentrating and Sleeping

The anxiety and flashbacks that accompany PTSD often lead to poor sleep quality at night. You might fall asleep and wake several times during the night or have fitful and restless sleep. This can affect your concentration during the daytime. People with PTSD might report not being able to focus, having trouble remembering events or details, or experiencing difficulty with following instructions.

Self-Destructive Behaviors

In some cases of PTSD, a person is so desperate to avoid thinking about and having to relive the traumatic event that they engage in destructive behaviors. They may become dependent on alcohol, drugs, or over-the-counter medications like sleeping pills. These habits can interfere with the person’s familial relationships and friendships and further alienate the person from those people who care about them and who are trying to help them.

Veterans with PTSD Can Seek VA Disability Benefits

GC is available to help veterans with PTSD obtain VA disability benefits. The intensity and frequency of your symptoms can make working difficult, if not impossible. If this is your situation, you may be entitled to disability benefits through the VA.

Obtaining appropriate benefits for mental conditions like PTSD can be challenging, as the VA may not fully understand how serious your symptoms are. Depend on GC and our experienced team to help tell your story to the VA so you get the benefits you deserve. Contact us today for a case evaluation.

The Most Important Part of Your PTSD

Thu, 24 Oct 2024 18:37:18 GMT

Receiving a diagnosis of post-traumatic stress disorder (PTSD) can be bittersweet. It can be a relief knowing that your anxiety, depression, and recurring nightmares are all due to a common condition. However, PTSD is not a condition that is easily treated. Even with therapy and other interventions, your PTSD symptoms may linger for years or longer.

Just as the traumatic event that causes your PTSD may be different from other people’s, so too the way PTSD impacts your life can be different as well. However, if you are a veteran who has been diagnosed with PTSD and you are now seeking VA disability benefits, there is one aspect of your condition that you should pay particular attention to.

The Connection Between PTSD and Military Service

Some estimates claim that as many as seven out of every 100 military veterans will develop PTSD as a result of their military service. While traumatic events like skirmishes and battles can lead to PTSD, other traumatic events can also lead to PTSD. This includes seeing a fellow soldier or sailor injured in an accident, experiencing divorce, or another similar event.

While in most cases the symptoms of PTSD will begin developing within a few weeks or months after the traumatic event, some people begin to experience symptoms years after the traumatic event. Over the course of your experience with PTSD, it is not uncommon for your symptoms to alternatingly intensify and lessen in severity.

Your Experience with PTSD is the Most Important Thing

When you apply for VA disability benefits based on a PTSD diagnosis, you are claiming that your PTSD symptoms make it difficult or impossible for you to hold significant gainful employment. Because there is no objective way to measure the severity of your symptoms, the VA will rely on your reported experiences and any outside information to verify your reports.

Consider these tips as you prepare to file for VA disability benefits following a PTSD diagnosis:

Keep regular appointments with your doctor or therapist and always be honest about your symptoms
Do not minimize or overexaggerate how you are feeling, as either can negatively impact your claim
Consider keeping a regular journal about your feelings and experiences
Do not neglect to talk with friends and family, as this can not only be therapeutic but provide important witnesses who can verify your claims

Be sure that you follow all reasonable treatment recommendations from your provider and communicate about the effectiveness of your care. These steps can help ensure your PTSD is rated appropriately.

Get Help with Your PTSD Claim from GC

If you experience challenges or difficulties in obtaining the VA disability benefits you deserve for your PTSD benefits, GC is available to help. Our skilled VA disability lawyers can assist you if your claim is denied or if you receive a low disability rating. Contact us today for a case evaluation.

What Are the 4 Stages of PTSD?

Thu, 24 Oct 2024 18:36:32 GMT

Serving in the armed forces of the United States comes with many hazards. While most people tend to think about the physical injuries that a person may suffer, the fact is that veterans often deal with mental health concerns connected to their time on active duty.

Among these mental health conditions is Post Traumatic Stress Disorder, or PTSD. This often results from a person experiencing a terrifying event or learning that these events have impacted friends or family. Mental health professionals trace the progress of PTSD through four stages. Each of these stages comes with its own challenges but understanding them can help veterans live more stable and happier lives.

The Impact Stage, or When the Event Occurs

All incidents that result in PTSD begin with a traumatic event. The resulting conditions can arrive mere seconds or minutes after the event. However, for some veterans, these symptoms may not appear for months or even years after the trauma. People in the impact stage often experience fear, anxiety, helplessness, and survivor’s guilt.

The Rescue Stage

The rescue stage describes when a veteran begins to cope with the terrifying event. This can often take the form of numbness or apathy to life in general. However, it can also involve denial, fear, indecision, and flashbacks.

The Beginning Recovery Stage

In the beginning recovery stage, the veteran begins the healing process. This often includes seeking out help from a therapist or doctor to come to terms with their experiences and feelings. These professionals may use a combination of medications and talk therapy to help veterans cope with their past experiences and new reality.

The Long-Term Recovery Stage

The last stage of PTSD focuses on a veteran using their new coping strategies to live a more stable life. In many cases, this allows a veteran to minimize the impact of PTSD on their day-to-day routines. However, for others, long-term therapy is the best route.

Navigating the Four Stages of PTSD When Seeking Veterans’ Disability Compensation Benefits

There is no doubt that PTSD and the accompanying symptoms can serve as the basis for a Veterans Disability Compensation Program claim. However, the burden always lies on the veteran to be able to point to a specific point in their past that caused their symptoms and how those symptoms not affect their daily lives.

Understanding the four stages of PTSD can assist in this process. For example, a veteran may be able to show how they disconnected from reality after an incident and that this constitutes being in the rescue stage of PTSD. For others, they may be able to demonstrate how their consistent meeting with a therapist is an example of them being in long-term recovery. Pointing to these examples can help veterans show that PTSD is a constant presence in their life, even if they are not currently experiencing a mental health crisis.

The Legal Team an GC Could Provide More Information about the 4 States of PTSD and Veterans’ Legal Rights

PTSD is a permanent condition that can impact a veteran’s life for the foreseeable future. Even so, understanding the four stages of PTSD and how people react to them is often key to making your best recovery.

At the same time, a claim for veterans’ disability compensation benefits can center around a PTSD diagnosis. Comprehending this condition and how it has changed your life from the moment of the traumatic event to your current state can help you pursue a more effective claim for benefits. Reach out to GC today to see how they could help protect your legal rights during a claim for veterans’ benefits based on a PTSD diagnosis. Contact us today for a case evaluation.

Does PTSD Ever Go Away?

Thu, 24 Oct 2024 18:35:19 GMT

PTSD is a sadly common consequence of serving in the armed forces of the United States. Especially for veterans who served on the frontlines in active duty, the experiences of being in the military can have long-lasting mental health consequences.

Even more concerning is the fact that there is no cure for Post Traumatic Stress Disorder. While receiving medical care and therapy can help you manage your symptoms, the unfortunate truth is that this condition is something that is likely to impact your life for the foreseeable future. As a result, a PTSD diagnosis can often serve as the basis for a Veterans’ Disability Compensation Program claim. The team at GC could help you evaluate your legal rights and seek out the benefits you deserve.

PTSD and a Connection to Military Service

PTSD is a mental health condition that can have significant consequences for a person’s emotional and physical well-being. According to information from the Mayo Clinic, PTSD is a condition that has its roots in a person experiencing a terrifying event. It is easy to see how people serving on active duty in the military may come across these situations. In addition, for many veterans, the symptoms of PTSD do not begin for months or even years after the event in question.

Being able to connect one’s PTSD diagnosis to an event that occurred while on active duty is an essential part of a Veterans’ Disability benefits claim. It is critical to be able to point to a specific incident that occurred resulting in PTSD symptoms. An attorney at GC can provide more information about the Veterans’ Disability Compensation Program and what people must prove to connect a PTSD diagnosis to their time spent on active duty.

PTSD is Often a Permanent Condition

There is a collection of evidence that points towards the immense impact that traumatic experiences can have on a person’s brain. These changes often cause a person to suffer from a collection of mental health concerns that include:

Depression
Anxiety
Nightmares
Flashbacks

Because these traumatic events often change a person’s brain chemistry, there is no way to completely reverse the effects. However, doctors and therapists may be able to provide some relief.

Many veterans benefit from psychotherapy with the aid of a psychologist or psychiatrist. This lets veterans know that they are not alone and lets them work on behavioral therapies that assist them in living more stable, productive lives.

Other veterans have the option of taking medications to fight the symptoms of PTSD. Medications to treat depression and anxiety help balance out brain chemistry and may work to even out the highs and lows that often accompany PTSD. As a result, while PTSD is a permanent condition, appropriate treatment could help veterans lead more stable lives.

While Your PTSD is Unlikely to Ever Go Away, Treatment Options May Help Veterans Improve their Present and Future

PTSD is a common consequence of experiencing terrifying events. These events may have happened to you personally or you may now have mental health concerns after learning of terrible incidents that impacted friends or family.

Sadly, there is no cure for PTSD. Even so, working with doctors and therapists could result in the creation of a treatment plan that helps stabilize your mental health. The team at GC is ready to listen to your concerns and guide you through the Veterans’ Disability Compensation Program process to bring you the benefits you deserve. Contact us today for a case evaluation.

How Much Will VA Disability Increase in 2024?

Thu, 24 Oct 2024 18:34:24 GMT

Veterans of the various branches of the United States’ armed forces face many hazards while on active duty. In some situations, these result in them suffering illnesses or injuries that impact their current health and employment chances. When this occurs, veterans have the right to receive payments in the form of disability compensation.

If you are already receiving veterans’ disability payments in the form of basic compensation, you may be asking how much VA disability will increase in 2024. Thankfully, the team at GC is ready to explain the current VA disability pay tables and explore your monthly benefits package.

Veterans’ Disability Payments Function on a Sliding Scale
Obtaining Veterans’ disability benefits is often a complex and lengthy process. A major portion of this process is demonstrating that an injury or illness occurred while on active duty that now impacts a person’s civilian life. A successful claim will result in the receipt of a disability rating.

A disability rating is an official determination of how a medical condition impacts a veteran’s ability to care for themselves and take on a job. These ratings apply in ten percent increments from ten to one hundred. This percentage is the major determining factor that a veteran and the VA will use to calculate monthly benefits.

The other factor that determines VA disability benefits is the veteran’s family status. Married veterans or those with children will receive additional benefits if their disability rating is 30 percent or above. The team at GC can provide more information about how the VA determines a veteran’s disability status.

The Current 2024 VA Disability Benefit Payments
In December of every year, the VA issues new VA disability pay scales that will last until December of the following year. As a result, the VA disability payments for the 2024 months of January through November are currently available.

According to information from the Veterans’ Administration, recipients will receive an increase over their 2023 benefits based on cost of living adjustments. The minimum payment that a veteran will receive is $171.23 per month. This applies to all veterans who have a ten percent disability rating. These payments will increase to $338.49 if their disability rating is 20 percent.

Veterans who have a disability rating of between thirty and one hundred percent will receive monthly payments based on their current familial status. In general, the larger a veteran’s family, the greater the payments. Family members include dependent spouses, dependent parents, and children under the age of eighteen or children in college. The link above will connect to the current pay tables.

Calculating a veteran’s full benefit amount can be a complex process. Talking with GC which members of their family play a role in determining payments, and evaluate a current monthly benefit amount.

Speak with an Attorney Today to Learn More About How Much VA Disability Benefits will Increase in 2024
Receiving proper VA disability benefits is essential for any person who has suffered an illness or injury while on active duty that now impacts their civilian life. For those already receiving benefits, it is reasonable to wonder if those benefits will increase in 2024.

Thankfully, the Veterans Administration has increased the monthly benefit payments. As always, the final calculation will depend on your disability percentage and the size and composition of your dependent family. The team at GC is ready to help you calculate your 2024 veterans’ benefits payments and can fight to help you receive the payments you deserve. Contact us today for a case evaluation.

What is the VA Disability Claim Process?

Thu, 24 Oct 2024 18:33:18 GMT

Serving on active duty in any of the United States’ military branches is a hazardous undertaking. The unfortunate fact is that many people suffer from injuries or illnesses that now affect their ability to support themselves in their civilian lives. If this is your situation, you have the right to seek out benefits under the Veterans’ Disability Compensation Program.

Many people ask, “What is the VA claim process?” At the same time, they wonder what information they will need to provide to the VA to improve their chances of having a successful claim. The team at GC is ready to provide more information about the VA claim process and works to guide veterans toward the benefits they deserve.

How Do I Start a VA Disability Claim?

There are three ways to start a VA disability claim. The best and most direct way to do so is to create an online account with the Veterans Disability Compensation Program website. Here, not only can veterans start their claims, but they can also submit medical evidence and track their claim through the review process.

The Veterans’ Administration also allows people to submit a claim by mail. Veterans can download and print a paper application through the website or receive a paper copy through the mail by calling 1-800-827-1000. While any option can result in a successful claim, GC recommends filing an application through the online portal.

What Information will a Veterans’ Benefit Application Require?

Veterans seeking cash benefits due to a disability bear the burden of proving their eligibility to the VA. There are three steps to this process.

The first is to show that their current illness or injury traces back to their time spent on active duty. While this certainly includes wounds or diseases contracted while on deployment, it can also include conditions traced to time spent in training or while in a support job.

Second, applicants must provide medical records that indicate a disability. This can be records from a VA provider or from any licensed practitioner. The VA will use these records to determine a disability percentage from ten to one hundred. This percentage will play a direct role in determining a person’s monthly payment.

Finally, applicants must show that they received an honorable discharge from the military. A copy of your DD214 form is the most efficient way to meet this requirement. The legal team at GC can provide more information about what evidence is needed to give a veteran the best chance at pursuing a successful VA disability claim.

If You are Wondering What is Involved in the VA Disability Claim Process, Reach out to an Attorney Today

Receiving proper VA disability benefits is key to many veterans’ financial stability. If you suffered an illness or injury while on active duty that impacts your day-to-day life, you may be eligible for direct cash payments.

Even so, knowing what to expect when filing an application can help you be prepared and improve your chances of a successful case. You must be able to prove that your current condition has its roots in your time spent on active duty.

You must also show that you received an honorable discharge. Finally, you must be ready to provide up-to-date medical records.

Talking with a lawyer at GC could help you better understand this process and lets them take the lead in seeking out the benefits you deserve. Contact us today for a case evaluation.

Can a Sleep Disorder Form the Basis for a Veterans’ Disability Claim?

Thu, 24 Oct 2024 18:28:05 GMT

Many veterans find that they now have trouble sleeping in their civilian lives. This trouble may stem from chronic pain due to a nagging injury or wound. It may also be the result of psychological trauma that has its roots in time spent on active duty.

There is no doubt that not being able to properly sleep can have a devastating impact on a person’s overall health and wellbeing. Because of this, it is possible to seek out veterans’ disability compensation benefits if this sleep condition has its roots in time spent in uniform. The team at GC is ready to explore your legal rights as a veteran. This can include pursuing a comprehensive Veterans Disability Compensation Benefits claim or working to file an appeal if your claim has already met a denial.

Sleep Disorders that May Result from Time Spent in the Military

Being on active service in any of the United States’ military branches is among the most stressful jobs that a person could ever undertake. Naturally, serving on active duty in an armed conflict can certainly impact every part of a servicemember’s life while in uniform and when returning to civilian life. In addition, even time spent in training or while serving in a support capacity can expose veterans to significant traumas and stressors.

It is no surprise that many veterans now have trouble getting a proper night’s sleep after their discharge from the military. A collection of physical injuries may cause chronic pain or lack of range of motion that make finding a comfortable sleeping position nearly impossible. At the same time, mental health concerns such as PTSD, anxiety, or depression may contribute to insomnia, nightmares, or sleep terrors.

A lack of proper sleep can have a devastating impact on physical as well as emotional health. This means that a proper diagnosis of these sleep issues and their connection to time spent in the military can certainly allow a veteran to claim benefits through the Veterans Disability Compensation Program.

Connecting a Sleep Disorder to Time Spent on Active Duty

All veterans who wish to receive veterans’ compensation disability benefits must prove three things to the VA. First, they must show that they received an honorable discharge. Second, they must show that they now suffer from a diagnosed medical condition that impacts their daily life. Finally, they must be able to connect that condition to their time spent on active duty.

When pursuing benefits based on a sleep disorder, it can be difficult to connect that condition to an incident that occurred while in the military. Demonstrating this connection is one way in which the team at GC may be able to help. They can work to investigate specific incidents that occurred while on active duty that contributed to current sleep difficulties. They can also gather medical records that attribute a sleep disorder to these incidents. Obtaining this information could help make an initial application more successful or form the basis for a more effective appeal.

Speak with the Team at GC Today to Learn More About Sleep Disorders and Veterans’ Disability Benefits

Having difficulty sleeping after spending time on active duty in the military is a common problem that many veterans face. When these sleep issues impact your day-to-day life and have their basis in a diagnosed medical condition, you may be able to collect veterans’ disability compensation benefits.

If you are having difficulties collecting these payments, reach out to the team at GC now. They are ready to explain the claims and appeal processes. They then can work to make it clear that you deserve compensation because of your medical issues that stem from your time spent on active duty. Contact us today for a case evaluation.

Why Are Sleep Disorders So Common for Veterans?

Thu, 24 Oct 2024 18:24:19 GMT

Serving in the military places many stressors on the lives of current service members and those who are veterans. For people serving on the front lines, these incidents are clear as they may experience combat situations or even suffer wounds themselves. For others, they may hear about traumatic events or learn that a friend has met with tragedy.

These factors combine to have significant impacts on veterans’ physical and emotional health. For many, this results in difficulty sleeping, which now has a devastating effect on their civilian life. When this is the case, you have the right to seek compensation through the Veterans Disability Compensation Program. The team at GC wants to help you pursue these benefits and can provide more information about sleep disorders and how they may serve as the basis for a claim.

Sleep Disorders that May Result from Physical Injuries

One common source of sleep disorders for veterans are those that come about as a byproduct of physical injuries. Physical injuries are a common consequence of serving on active duty in any of the United States’ armed forces. Of course, these can include injuries that result from frontline contact with enemy forces. However, even more frequent are injuries that occur during training or even while serving in a support role.

Almost all these injuries include a pain component. This means that a veteran may need to rely on medications to ease their suffering. However, even with this help, pain from physical injuries or the accompanying limitations in function can make getting a proper night’s sleep difficult. Because of this, physical injuries that cause a veteran to lose sleep can serve as the basis for a veterans’ disability claim. An attorney at GC could help obtain information about an injury and connect that incident to a veterans’ current sleep issues.

Emotional Traumas are a Leading Source of Sleep Disorders

Many veterans find that their time spent on active duty has had a negative impact on their mental health. Conditions such as depression, anxiety, PTSD, and even schizophrenia can all trace back to incidents that occur while in uniform.

There is no doubt that a mental health concern may form the basis of a claim for compensation through the Veterans Disability Compensation Program. The fact that these conditions can also impact a veteran’s sleep patterns makes these claims for benefits even more powerful.

As always, it is a critically important part of any claim to be able to point to a specific incident that occurred while on active duty that led to mental health concerns. It is also crucial to have a formal diagnosis of a mental health condition and the impact on one’s sleep from a trained doctor or therapist. The team at GC is ready to obtain this key evidence that helps veterans pursue claims based on sleep disorders.

Speak with an Attorney Now to Learn More About Sleep Disorders and Veterans’ Compensation Benefits

Sleep disorders are a sadly common consequence of serving in the United States’ military. For some, these issues come about as a result of physical injuries that now place a veteran in a state of constant pain. For others, emotional traumas such as PTSD now cause issues with getting proper rest.

In both examples, these sleep disorders may be a reason to seek out veterans’ disability compensation payments. The team at GC is ready to listen to your story and provide more information about sleep disorders and why they impact the quality of life of so many veterans. Contact us today for a case evaluation.

How Do I Prove my VA Disability for Mental Health?

Thu, 24 Oct 2024 18:23:16 GMT

Many veterans pursue benefits through the Veterans Disability Compensation Program because of physical injuries that now impact their civilian lives. However, it is just as possible to receive these cash payments when mental health concerns now affect your well-being. It is no secret that serving on active duty can have a negative impact on a person’s mental health. In addition, many veterans who suffer physical injuries find that their emotional state also suffers because of these incidents.

An attorney at GC wants to help you receive the benefits that you deserve. This includes pursuing Veterans Disability benefits through first-time applications and working to pursue timely appeals. This especially applies when a veteran needs to prove their VA disability for mental health.

Mental Health Conditions that May Impact a Veteran

Serving in any of the United States’ armed forces places a great stress on a person’s body and mind. Even if a veteran is fortunate enough to avoid any long-term physical injuries, they may find that their mental health is now a pressing concern. Simply taking part in strenuous activities during basic training or while serving in a support role can substantially change a person’s brain chemistry. Additionally, stressors that may occur while serving on the front lines or as the result of an injury can also forever change a person’s mental health.

A variety of mental health concerns impact the lives of veterans. Any of these conditions may serve as the sole basis for a Veterans’ Disability compensation claim or work in tandem with physical injuries. These conditions may include:

Depression
Anxiety
PTSD
Military sexual trauma
Traumatic brain injuries

Because these mental health concerns can have a substantial impact on a veteran’s civilian life, they may be justification for a successful claim for benefits.

Using a Mental Health Diagnosis to Receive Fair Benefits

There are three components to any successful Veterans Disability Compensation Benefits claim. The first is that a veteran received an honorary discharge from their branch of the military. The second is that the veteran now suffers from a medical condition that impacts their civilian life. As applied to mental health concerns, the veteran must have a valid and current diagnosis from a trained medical professional. This may be a psychiatrist from the VA or any other licensed mental health provider. Ideally, the provider will be able to comment on how the condition both impacts the veteran’s day-to-day life and how that condition has its roots in time spent on active duty.

This plays into the third component: that the disabling condition began while on active duty or that a preexisting condition became worse because of time spent in uniform. For mental health cases, proving this concept can involve pointing to a specific incident that caused trauma or by showing that a preexisting condition is now worse due to time spent on active duty. Speak with the team at GC now to learn more about how mental health conditions can serve as the basis for veterans’ disability claims.

An Attorney at GC could Help You Prove your VA Disability Claim for Mental Health Concerns

Mental health conditions like depression, anxiety, PTSD, or even military sexual trauma are valid reasons to seek out benefits through the Veterans’ Disability Compensation Program. Sadly, many veterans do not understand how to pursue these claims or have received a denial on their applications.

The team at GC is here to help prove your VA disability for mental health. They can explain how these claims work and what you need to prove to receive the benefits you deserve. They aim to make the necessary connection between your time on active duty and your mental health concerns. Reach out to them now to learn more about how they are ready to help.

What Resources are there for Veterans Struggling with their Mental Health?

Thu, 24 Oct 2024 18:21:54 GMT

When most people think about medical conditions that may be impacting America’s veterans, they imagine physical injuries. However, just as common and debilitating are mental health concerns that can impact any person who served on active duty. Depression, anxiety, PTSD, and afflictions resulting from traumatic brain injuries are just a few examples of mental health concerns that change the civilian lives of veterans.

We often hear concerns from veterans about these issues. Specifically, they ask what resources there are for veterans struggling with their mental health. At GC, we strive to help veterans every day. We hope that this guide will help veterans care for their emotional well-being and live more fulfilling lives.

Seek Out Help from the VA

One of the benefits of serving in the military is free health care. This care extends beyond a person’s time spent in uniform. All veterans have the right to seek out medical treatment at any of their local branches of the VA. While this care certainly includes treatment for physical conditions, it also includes a variety of mental health services.

These services can include:

Psychiatric care from a doctor
Group and individual therapy sessions
Medication plans
Mental health crisis intervention

The team at GC could help you better understand if you qualify for free mental health care through the VA. They are also ready to help determine if your mental health condition could qualify you for cash benefits through the Veterans Disability Compensation Program.

Help from Non-Governmental Agencies

While the VA is a valuable resource for all veterans, it may not be the right choice for you right now. The fact is that seeking care from the VA can take a significant amount of time. For people seeking more immediate care, or those who simply wish to have someone to talk to, other, more local options may be a better choice.

Depending on where you live, there may be local mental health support groups that can provide help. For example, veterans living in California could reach out to the National Alliance on Mental Health’s California branch (NAMI). NAMI provides thorough information to veterans, their families, and caregivers about how to deal with mental health concerns and how to take better advantage of services available in their area.

Another option might be to reach out to veterans’ membership organizations, such as the American Legion or Veterans of Foreign Wars (VFW). While the other members in these groups cannot provide direct medical care, it can be helpful to know that others have many of the same experiences as you and may be dealing with many of the same mental health concerns. Simply having someone to talk to could help bring stability and joy back into your life.

Mental health concerns are a common issue for people returning from active duty. It is not uncommon for veterans to experience anxiety, depression, or other mental health issues upon returning to civilian life. Know that you are not alone and that there are a variety of potential resources available to you to help with your mental health.

You will always have the option to seek out care from your local VA branch. Their doctors and therapists can help you deal with your concerns through therapy and medications. In addition, you may want to look for help from veterans’ organizations such as the VFW.

Finally, more localized support groups like NAMI could help provide the help you need. Contact us today for a case evaluation.

Beyond the Battlefield: How Gulf War Syndrome Impacts Veterans’ Lives

Thu, 24 Oct 2024 18:21:04 GMT

The unexplained but all-too-real symptoms of Gulf War Syndrome affect countless veterans. Veterans experience unexplainable pain, memory issues, fatigue, and so many other symptoms. It affects their lives on a daily basis and can be debilitating for many who suffer it. The origins of this condition have eluded medical researchers for decades, and new theories continue to arise for its cause.

At GC , our VA disability attorneys know what you are going through. Our Gulf War veterans deserve compensation through the VA for their symptoms. Our highly experienced team has what it takes to seek compensation and benefits on your behalf.

What Is Gulf War Syndrome?

Gulf War syndrome refers to a cluster of inexplicable symptoms that veterans from that conflict suffer. While combat in the Gulf War only lasted 43 days, the severe health effects have lasted for decades.

For over 30 years, medical experts and the military have sought an answer to what causes these symptoms. To this day, many theories exist, including potential causes such as:

Exposure to the chemical weapon sarin
Chemical warfare agents such as nerve gas
Pyridostigmine bromide, given to soldiers who might be exposed to chemical warfare agents
Psychological factors such as post-traumatic stress disorder
Oil well fires, pesticides, and other noxious chemicals

While the exact cause is unclear, Gulf War syndrome is recognized by the military and the U.S. Department of Veteran Affairs (VA) as a legitimate condition.

Symptoms of Gulf War Syndrome

The symptoms of Gulf War syndrome affect thousands of veterans, even to this day. Every person experiences them differently, but common symptoms include the following:

Fatigue
Cognitive issues
Skin rashes
Diarrhea
Musculoskeletal pain
Memory problems
Fibromyalgia
Functional gastrointestinal disorders
Abnormal weight loss
Headaches and migraines
Menstrual disorders
Respiratory disorders
Sleep disorders
Anxiety and depression
Amyotrophic lateral sclerosis (ALS)

Many veterans from the Gulf War suffer these symptoms and deal with their effects daily. Many have paid for their own medical care, sought help, and found it difficult to get the benefits they deserve.

Improving the Quality of Life for Gulf War Veterans: VA Benefits

Gulf War veterans are often entitled to coverage from the VA. In fact, because the exact cause of these symptoms is still unknown, the VA presumes certain unexplained and chronic symptoms are related to Gulf War service if you served during that time. The VA may grant benefits without regard to cause in these cases.

You may also have a presumed disability if it appeared within 1 year of your date of separation, and the disability qualifies you for a 10% rating or more. Presumed disabilities include:

Campylobacter jejuni
Burcellosis
Coxiella burnetii (Q fever)
Shigella
West Nile virus
Nontyphoid salmonella
Malaria
Mycobacterium tuberculosis

If you served during the Gulf War or in its aftermath, you could be entitled to presumptive benefits with the VA. Too many veterans are unaware of or fail to utilize the benefits they are owed. You served your country so you deserve the benefits available to you.

Apply for Benefits Related To Gulf War Syndrome

You have the right to file for VA benefits related to your Gulf War syndrome. We know how complicated this process can be. We also know how frustrating it is when your application is denied. We help veterans nationwide appeal these decisions and fight for the benefits you deserve.

The dedicated VA disability attorneys at GC are ready to fight for you. We understand the system and the complex process related to Gulf War syndrome applications. Our team is ready to help you. Contact us today for a case evaluation.

Breaking the Silence: Why Reporting Military Sexual Trauma Matters

Thu, 24 Oct 2024 18:19:30 GMT

Service in the military is one of the highest honors anyone can perform, but sexual trauma during your service can affect your entire life. Too many service members hide what happened to them. They often fear the embarrassment of exposing what happened or worry that their superiors will do little to help solve the problem.

As a victim and survivor, reporting sexual trauma matters. Breaking the silence holds attackers responsible for their actions and helps break the cycle of continued abuse. You may also be owed services for your trauma, post-traumatic stress, and other hardships you have faced because of the abuse.

At GC , our VA disability attorneys have years of experience working with sexual trauma survivors. We know how to help you report your case and seek the benefits you deserve.

What Is Military Sexual Trauma?

Military sexual trauma refers to sexual assault or harassment that occurred during a person’s military service. It might occur whether the victim was on or off duty, or even off base. Perpetrators of these attacks might be anyone, from fellow service members to superior officers. Sexual attacks can occur between strangers, friends, or even intimate partners.

Examples of sexual activity that may cause military sexual trauma include, but are not limited to:

Forcible rape
Being pressured into sexual activities by threats or promises of rewards
Sexual activity or conduct without consent
Sexual acts performed while the victim is unconscious, intoxicated, or asleep
Being touched inappropriately in ways that make a victim feel uncomfortable
Sexual trauma during “hazing” experiences
Unwanted sexual advances or comments

Any of these acts and so many more could cause military sexual trauma. Reporting what you experienced is crucial to protecting your legal rights and your mental health.

How Common Is Military Sexual Trauma?

Military sexual trauma is an all too common occurrence for our service members. Approximately 1 in 3 female veterans and 1 in 100 male veterans report experiencing these encounters. While women are disproportionately affected by sexual assaults, male service members can just as easily suffer this harm.

Why Reporting Military Sexual Trauma Is So Important

Reporting your trauma is important for yourself and others as well. Reasons why it matters include:

Protecting Your Health: Your physical and mental health are incredibly important. You matter. What you experienced is traumatizing, both physically and emotionally. Hiding your experiences can worsen post-traumatic stress disorder and cause long-term health problems.
Preventing Further Abuse: Reporting sexual attacks can help prevent those attacks from happening again, both to you and to others.
Holding the Perpetrator Responsible: Attackers should face justice for their actions. They may face internal military criminal actions and possibly criminal prosecution outside of the military as well.
Breaking the Cone of Silence: The more that victims bravely speak out about their experiences, the more others will do so. Breaking the silence can help stop the systemic abuse that has occurred for many years, but it takes reporting to do so.

Assistance and Compensation for Military Sexual Trauma from the VA

The U.S. Department of Veterans Affairs (VA) offers multiple services and help for victims of military sexual trauma. They offer comprehensive services including:

Outpatient services for physical harm and mental health screening
Outpatient counseling through a VA community-based Vet Center
Potential disability compensation related to your military sexual abuse

Applying for the benefits you are owed can often seem daunting. There is a great deal of paperwork, not to mention the difficulty in reporting your sexual trauma in the first place. A qualified VA disability attorney can help you throughout the process.

Speak With a VA Disability Lawyer for Help with Military Sexual Trauma

Our experienced and compassionate VA disability attorneys at GC know how difficult it can be to report your trauma. We can help you properly report what happened and seek the benefits to which you are entitled. Our team cares deeply about our veterans and will work hard to protect your rights.

At GC , we care about you and what you are going through. Contact us today for a case evaluation.

Understanding Total Disability Individual Unemployability (TDIU): A Comprehensive Guide

Thu, 24 Oct 2024 18:18:34 GMT

Total Disability Individual Unemployability Benefits (TDIU) can help you gain 100% coverage, even if you do not meet the traditional criteria needed for that much coverage. If you struggle to get or maintain gainful employment because of your disabilities, you might qualify for this important coverage.

At GC , our VA disability attorneys understand TDIU and how to apply for it in your case. We know how hard it can be to maintain and get a good job because of your disabilities. We stand ready to help you seek the full benefits you deserve.

What Is Total Disability Individual Unemployability?

Total Disability Individual Unemployability benefits (TDIU) are a unique coverage that helps veterans who cannot hold down a steady job because of their disabilities. The disability must be service-connected, and you must meet specific criteria.

The phrase “gainful employment” is often confusing without a little more context, but is one of the things the VA considers when determine whether to grant TDIU. Gainful employment does not include odd jobs you might be able to get. Instead, it focuses on consistent work with appropriate pay considering your background, education, and experience.

Am I Eligible for TDIU Benefits Through the VA?

To be eligible for TDIU, you must be unable to gain or maintain gainful employment due to your service-related disability. You must also meet at least one of the following criteria:

You must have a single service-connected disability that has a VA disability rating of 60% or higher; or
You must have multiple service-connected disabilities, with at least one of those rated at least 40% and a total combined disability rating of at least 70%

The VA determines what disability rating your single or multiple disabilities receive. However, the help of a qualified VA disability attorney is critical in this process. Your attorney can help the VA properly determine your disability by presenting evidence and properly handling the application process. Your lawyer can also appeal any denials of disability claims or disability ratings that are too low.

How Do I Apply for TDIU Coverage?

To apply for TDIU coverage, you and your attorney must complete two very important forms:

Veteran’s Application for Increased Compensation Based on Unemployability: VA Form 21-8940
A Request for Employment Information in Connection with Claim for Disability Benefits: VA Form 21-4192

For certain disability benefits, such as a clothing allowance, you might need an existing disability claim before applying for TDIU. Regardless of your situation, your VA disability attorney knows the right way to help you apply for coverage.

Does My Disability Rating Change if I’m Eligible for TDIU?

This is one of the more confusing parts of TDIU coverage for many eligible veterans. Your disability rating is considered independently of your TDIU status. Under TDIU, you can receive the same amount of benefits as someone who has a 100% disability, but this does not change your actual rating.

For example, assume that a veteran has two disabilities, one at 50% and another at 30% for a combined 80% rating. He is unable to maintain gainful employment as a result of these disabilities. After applying for TDIU, he is granted the same benefits as someone else with a 100% rating. However, his disability rating is still 80%, regardless of the level of benefits he receives.

Learn More About TDIU Benefits From a VA Disability Lawyer

Our VA disability attorneys have a comprehensive knowledge of TDIU and how to win it for you. Our highly skilled legal team is ready to complete your application, file any appeals, and work towards full compensation from the VA.

At GC , we care about you and what you are going through. Contact us today for a case evaluation.

Maximizing Your VA Disability Benefits: Exploring TDIU as an Option

Thu, 24 Oct 2024 18:17:28 GMT

To maximize your VA disability benefits, you want to ensure you are getting the maximum coverage possible based on your disability rating. When appropriate, raising your disability rating can increase the amount of compensation you get from the Department of Veterans Affairs. In fact, your condition may have worsened over time, meaning you now qualify for more disability benefits that you did before.

Filing for Total Disability Individual Unemployability benefits (TDIU) can help you maximize your benefits. It may help you receive the same compensation as those considered 100% disabled, but is usually easier to be approved than getting a 100% disability rating under current VA criteria.

At GC , our VA disability attorneys are highly experienced in getting you the maximum VA benefits possible. We got to bat for you to thank you for your service and to win you the benefits you earned.

Understanding VA Disability Rating Calculations

The VA determines what percentage of a person’s body is impaired because of their service-connected disability. Ratings are approved in increments from 0% to 100%, and occur in 10% increments along that scale. For example, a 0% rating means that the VA believes the person’s disabilities do not exist or are not service-connected in any way. A 100% disability rating means the person is severely impaired and cannot live or work independently.

Many veterans have multiple disabilities, and these can complicate the way the VA considers your issues. In fact, the VA’s calculations can make it extremely difficult to get a 100% rating, even when it is appropriate under the circumstances.

Using TDIU To Improve Your Disability Benefits

If you suffer a service-related disability, your disability benefits may not reflect the true level of your condition. If you think your percentage rating does not match your actual life, filing for Total Disability Individual Unemployability benefits (TDIU) could be an effective option for you.

TDIU may provide you with a 100% rating, even if your combined disability ratings do not actually meet 100%. You must establish that you are unable to secure or keep gainful employment because of your service-related disability. To qualify for TDIU, you must meet at least one of the following requirements:

You have a single service-connected disability that has a VA disability rating of 60% or higher
You have multiple service-connected disabilities, with at least one of those rated at least 40% and a total combined disability rating of at least 70%

These are veterans who are not considered seriously enough disabled that they meet the 100% threshold under traditional criteria, but their unique circumstances are such that they are unable to get gainful employment because of their conditions. If you believe this is you, we can help.

Factors Considered When Determining TDIU Eligibility

TDIU will consider multiple factors to determine whether circumstances warrant coverage. The VA will look at the veterans:

Educational background
Work experience
Disability limitations
Earnings and past income
Circumstances of current or recent employment

The VA may consider these and other factors to determine whether to improve your overall disability rating and the compensation you can receive for your disabilities. An experienced VA disability benefits attorney knows the best strategies to apply for TDIU when you are eligible.

Speak With a TDIU Disability Lawyer for Help

Our VA disability attorneys know how TDIU works and what to do in your case. We analyze your unique circumstances and how it affects your life. Let us work with you to get the benefits you deserve.

At GC , we genuinely care about veterans and their right to VA benefits. Contact us today for a case evaluation.

The Importance of PTSD Treatment Records in VA Disability Claims

Thu, 24 Oct 2024 18:15:45 GMT

Dealing with post-traumatic stress disorder (PTSD) is an incredibly complex and difficult journey for many veterans. Your service created traumas that continue to follow you, but you are entitled to benefits through the VA for properly proven claims. PTSD treatment records can help you make your case and win the compensation you deserve.

At GC , our VA disability attorneys understand the importance of what you are dealing with. We care for veterans’ issues and help them work through the frustrating disability application process. Our experienced team of attorneys can help you with appeals and until the job is done.

What Is Post-Traumatic Stress Disorder?

A high percentage of veterans suffer from post-traumatic stress disorder related to their military service. According to the National Center for PTSD , approximately 7 percent of veterans will suffer this debilitating condition. This is even higher for female veterans, with a rate of 13% for PTSD.

PTSD is a mental health issue caused by some terrifying or traumatic event. That event may have occurred to the veteran or the veteran witnessed that event. It can cause great difficulty coping with the event itself as well as life moving forward.

Symptoms of PTSD You May Experience

Post-traumatic stress disorder symptoms typically begin within a month of the event, but some symptoms may not manifest for many months or even years. They can cause problems with relationships, work, and daily life tasks.

Symptoms often include:

Intrusive memories or flashbacks
Panic attacks and chronic anxiety
Avoidance behavior
Negative moods and changes in thinking
Becoming easily frightened
Difficulty sleeping
Depression
Suicidal thoughts or attempts

These symptoms and countless others characterize PTSD and may seem familiar to you. If your PTSD was caused by your military service, you have benefit rights from the VA.

Gathering Evidence for Your PTSD Claim

The trouble many veterans have when applying for VA benefits is not knowing what evidence to provide. PTSD does not have a single diagnostic test that conclusively proves the condition. Instead, it requires multiple sources of corroborating evidence to prove that you suffer from post-traumatic stress.

Evidence and treatment records that may help you prove your PTSD includes, but is not limited to:

Notes from medical doctors
Reports from psychologists or therapists
Medical records of treatment for PTSD symptoms
Lists of medications you take
Letters from friends and family that describe your symptoms and life limitations
Your testimony and written statement about your symptoms
Testimony concerning the cause of your PTSD

Every application is different, and the evidence that best proves your claim may differ from another applicant. A highly experienced PTSD benefits attorney knows how to investigate your particular application and utilize whatever evidence is best in your case.

Completing a PCL-5 Form

With the help of your benefits attorney, you will complete a PCL-5 form. This form requests information about the impact your symptoms have had on your life over the previous month. Your treatment records provide critical evidence needed to complete this form.

You will also be asked to complete a compensation and pension (C&P) exam . The exam helps the VA determine if your PTSD is service-related rather than caused by a non-military event in your life.

Apply for PTSD Benefits Using Your Treatment Records

Service members with PTSD deserve quality representation when applying for VA benefits. These applications require a lot of paperwork, answering important questions, and providing treatment records that corroborate what you are going through. This can be difficult to handle on your own, and many veterans are denied benefits when they apply alone.

The skilled VA disability attorneys at GC are ready to help you apply for PTSD benefits. Contact us today for a case evaluation.

Is It Hard To Get TDIU for PTSD?

Thu, 24 Oct 2024 18:13:48 GMT

Suffering PTSD is a difficult thing to live with every day. Veterans who suffer this condition may be entitled to a special VA coverage called Total Disability Individual Unemployability benefits (TDIU) that can make a major difference in their lives. However, how difficult is it to get TDIU when you suffer from PTSD? It can be hard to get TDIU for PTSD, when you try to do it by yourself.

At GC , our highly qualified team explains the TDIU process for veterans who suffer PTSD. We represent people just like you to win the VA benefits they deserve for their post-traumatic stress disorder symptoms. Work with us today to get started

Chances of Getting TDIU Post-Traumatic Stress Disorder

Post-traumatic stress disorder (PTSD) is a debilitating mental health condition that affects 7 percent of veterans overall. These rates are often much higher for those that served in Afghanistan and Iraq, often as high as 15 to 30 percent. This number also reflects the number of diagnosed veterans, not the many who likely suffer in silence.

For those who suffer from PTSD symptoms, there are a wide range of treatment options available to you through the U.S. Department of Veterans Affairs. Accessing these treatment options can be the difficult part. Getting the benefits you deserve requires a thorough and complex application process that proves your PTSD and that you require treatment.

Many veterans are unable to work as a result of severe PTSD symptoms, which may entitle them to Total Disability Individual Unemployability benefits (TDIU) . These unique benefits are intended to help veterans who struggle to find or keep jobs because of their debilitating symptoms. Veterans who qualify for TDIU are entitled to financial compensation to help cover their lost income and costs while they recover from their PTSD.

Is It Difficult To Apply for TDIU for my PTSD?

Many veterans learn the hard way that it is difficult to apply for TDIU for PTSD—at least when they try to do it alone.

Our attorneys have years of experience applying for benefits and know the common traps and mistakes veterans make when applying for TDIU.

These common issues include, but are not limited to:

Incomplete or Incorrect Application Forms: There are many important forms you must complete to win TDIU benefits. These forms cover your employment history, skills, educational background, and other critical details needed to determine whether you are covered. Without this information, the VA will likely deny your PTSD claim.
Misunderstanding Unemployability Criteria: The VA has very specific requirements before it will grant TDIU benefits. Many veterans misunderstand what evidence the VA wants to prove they are unable to maintain substantially gainful employment, or what limitations they face.
Lack of Evidence for PTSD: Proving PTSD is not always as easy as proving physical disabilities. There is no single test that proves you have PTSD. Instead, it requires several diagnoses and corroborating evidence that supports that diagnosis.

To win TDIU benefits, the VA must find that you cannot maintain substantially gainful employment because of the severity of your PTSD symptoms. You must have a rating of at least 60% for one condition, or a total rating of 70% for combined conditions to qualify for TDIU.

Get the TDIU Benefits You Deserve for Your PTSD

So, is it challenging to apply for TDIU for PTSD? It is when you try to do it alone. This complex application process often results in denied claims, even though it is clear you are entitled to TDIU benefits. With the help of a skilled PTSD benefits attorney, you can apply for TDIU from a position of strength. You can avoid the problems that result in denied claims for so many other veterans.

The experienced VA disability attorneys at GC are ready to help you apply for TDUI benefits. Contact us today for a case evaluation.