Archive for the ‘Veterans' Disability’ Category
Wednesday, January 15th, 2014
One court decision made on a veteran’s disability claim could have a far-reaching impact on other vets. It pertains to a case that went all the way to the U.S. Court of Appeals. A highly decorated Lieutenant Colonel wasn’t able to file an appeal on a denied claim because he missed the 120 day deadline to do so. But that decision was overturned.
The basis of the argument was that at the time his claim was denied, he was deployed a second time to Afghanistan. Because of this, Veteran’s Administration (VA) should have given him an extension to file the appeal.
Besides the challenges faced by service men and women deployed to combat areas, another issue that arose was the difficulty of readjusting to civilian life, which the court found could affect “his ability to protect his legal rights.” This may include filling out paperwork, gathering evidence and other complicated parts of the disability process.
The results of this case could make it easier for those who have been deployed or whose deployment substantially impacts their ability to appeal a claim, to receive an extension. Of course, each case is different. So it’s important to understand that not every decision will be the same. However, it does raise awareness of the difficulties that servicemembers could face when reentering the civilian world. For some, they are dealing with emotional and/or physical challenges from time served in combat.
Understanding deadlines, filling out forms, obtaining medical records and other aspects of filing a claim or appealing a denied claim can be yet another obstacle for a vet to overcome. But they don’t have to do it alone. If you need assistance filing an initial application for disability or appealing a claim that has been denied, contact the Law Offices of LaVan & Neidenberg, P.A. today: 888-234-5758.
Wednesday, January 8th, 2014
Military sexual assault is an often overlooked or ignored cause of Post-Traumatic Stress Disorder (PTSD) among veterans. Many instances of sexual assault or trauma may go unreported for years, and the damage from the event may last a lifetime.
The Department of Defense’s (DoD) Office of the Inspector General is answering allegations that the military does not properly handle cases of sexual assault by launching an investigation. The IG will review previous investigations concluded in 2013 to determine if the sexual assault cases are handled properly.
The IG will focus on the conduct of military criminal investigation organizations and determine whether their policies and procedures meet the DoD and service guidelines. There will also be a focus on whether the investigations of alleged sexual misconduct are brought to conclusion.
According to the Department of Veterans Affairs (VA), nearly one in five female servicemembers and one in 100 male servicemembers have experienced military sexual trauma (MST) during their military career. The effects of MST vary from person to person, and may include emotional distress, PTSD, sleep difficulty, substance abuse, and difficulty maintaining relationships.
As more veterans speak up about instances of MST and the stigma of reporting such events is lessened, the VA and DoD are stepping up programs for prevention and treatment.
Many veterans who are victims of MST and did not report the event when it occurred may face difficulty filing a claim for service-connected disabilities related to the attack. If your disability claim was denied due to a lack of evidence of sexual trauma to establish that a disabling condition developed from your military service, an attorney can help with your appeal.
Contact The Law Offices of LaVan & Neidenberg, P.A. to speak to a veterans disability claims specialist: 1-888-234-5758.
Monday, December 16th, 2013
Military veterans who suffered a traumatic brain injury (TBI) during active duty may see an increased disability rating thanks to recent updates to disability reviews. The Department of Veterans Affairs (VA) recently added five new illnesses that may manifest due to a service-connected TBI as eligible ailments for disability ratings.
Beginning on January 15, 2014, the VA will evaluate a veteran’s disability rating for a TBI with regards to the following five diseases:
- Parkinson’s disease;
- certain types of dementia;
- unprovoked seizures; and
- certain diseases of the hypothalamus and pituitary glands.
The change comes from review of a report from the National Academy of Sciences, Institute of Medicine that found moderate and severe cases of TBI were often linked to these five disabling conditions.
How a Secondary Illness Affects VA Disability Benefits
Veterans rated as disabled due to a service-connected TBI will now be evaluated for these five diseases as another qualifying condition to calculate the disability rating. If a veteran has already been rated for TBI, he can open a claim to be re-evaluated for the secondary illnesses and qualify for the expanded benefits.
To be eligible for expanded benefits, a disabled veteran with a TBI disability rating must meet the qualifications for TBI severity and the time between the injury that caused TBI and the onset of the other illness.
If you are already collecting veteran disability benefits for a TBI and believe you may be eligible for the expanded benefits, let The Law Offices of LaVan & Neidenberg, PA help you file your re-evaluation request. And as always, our veterans disability team is here to help if your claim is denied, so contact us today – 1-888-234-5758.
Thursday, December 12th, 2013
In a September interview with CBS, Army Colonel John V. Bodgan claimed that U.S. Military guards stationed at the Guantanamo Bay U.S. prison were twice as likely to suffer from Post-Traumatic Stress Disorder (PTSD) than combat troops. The statement has since been included in a 60 Minutes TV special and a BBC broadcast, both aired in November.
Now the military is restracting the claim, according to the Miami Herald. The statement was given without verification and was embellished by a female Army captain who was quoted on the BBC broadcast saying that guards at Guantanamo often suffer indignities such as having human excrement hurled at them by the more than 160 prisoners within the detention centers.
While not impossible, the claims of increased PTSD risk among Guantanamo guards remain unsupported, as no statistics have been produced to compare PTSD rates between Guantanamo guards and other servicemembers. This is partially due to the brief deployment times and mixed branches of military that make up the guard population, according to the Herald
PTSD is still a cause for concern among the Guantanamo guards often stationed on 14- to 16-hour shifts in unfavorable working conditions. Officials at Guantanamo cite their belief of high PTSD rates comes from their guards working long shifts in direct presence of the enemy, often suffering harassment by the inmates and under constant stress.
As the military continues to research and track PTSD cases, it is important for all military personnel to undergo regular mental health assessments while on active duty and when discharged. PTSD can occur in a soldier from any branch of the military in any occupation if exposed to traumatic situations.
The Law Offices of LaVan & Neidenberg, PA are here to help veterans who suffer from PTSD related to their military service seek a fair disability rating and the appropriate benefits. If your veterans disability claim has been denied or unfairly decided, contact our firm today – 1-888-234-5758.
Monday, December 2nd, 2013
In 2012 the Madigan Army Medical Center fell under heavy scrutiny after it was revealed that its forensic psychiatry team was under-diagnosing veterans with PTSD. Nearly 400 patients were called back to the center to undergo reevaluation and 158 were given PTSD diagnoses.
Even with a newly issued diagnosis, many former Madigan patients were still finding difficulty filing for disability benefits. Up until recently the Army Review Board for Correction of Medical Records continued to use the former reports that were contested in the investigation.
Finally, in November 2013 Assistant Secretary of the Army Karl Schneider issued a memo that ordered the review board to ignore the previous diagnoses or dismissals from the forensic psychiatry department.
Many former Madigan patients are now making progress in claiming their rightful disability benefits through the VA thanks to the corrected medical records.
When a disabled veteran files a claim for disability benefits to the Department of Veterans Affairs (VA), the application should be supplemented with all pertinent medical records. In some cases, the VA will contact other military departments such as the Department of Defense to obtain records directly from the veteran’s military branch.
If medical records are missing or erroneous it can often lead to denial of a valid disability claim. If you are a veteran whose disability claim has been denied due to invalid, missing, or erroneous medical records, a veterans disability attorney from The Law Offices of LaVan & Neidenberg, PA can help.
To learn if you are entitled to certain programs and benefits contact us today – 1-888-234-5758.
Monday, November 25th, 2013
Veteran’s Administration (VA) is making progress toward its goal of eliminating all backlogged disability claims by 2015. According to the VA, since its peak of 611,000 claims in March 2013, the agency has reduced the backlog by 34 percent (down to 400,835) claims.
Other positive strides include completing 93 percent of the claims over a year old and improving the accuracy of disability ratings assigned to veterans. The VA also indicates that between 65 and 70 percent of the claims submitted have been approved for benefits, which it noted in a November 7 press release is “on par with historical averages.”
This progress is thanks in part to mandatory overtime (although, it was stopped for a period in October during the government shutdown) and is expected to continue through November 23. VA physicians have also been placed in regional offices to assist with claim decisions by reviewing medical records and other documentation.
Efforts to eliminate the backlog will continue in the coming months. Claims that have been pending the longest will be a particular area of focus.
The VA will also be working on prioritizing claims for certain groups such as:
- Medal of Honor recipients;
- prior Prisoners of War;
- homeless veterans;
- vets under extreme financial hardship; and
- terminally ill.
Also, those filing Fully Developed claims (FDC) will continue to receive faster decisions. This option is available when all necessary documentation is submitted at the time of application. Veterans looking to speed up the claims process can not only choose the FDC method, but may receive a quicker decision by filing electronically.
Since many denied claims stem from missing information or inadequate evidence, it might also be a good idea to secure help from an attorney at the start. Whether you are filing an initial application, an appeal or otherwise need assistance with your claim, contact the Law Offices of LaVan & Neidenberg, P.A. today.
Monday, October 14th, 2013
Last week the Department of Veterans Affairs (VA) Secretary Eric Shinseki warned the House Veterans Affairs Committee that if the government shutdown continued through the month his department would lose critical functions, according to media reports.
Currently, VA benefits such as disability benefits will continue throughout October. However, if the staff furloughs and cut-off funds are not restored by the end of the month, November’s payments could be in jeopardy. The Veterans Benefits Administration (VBA) has already furloughed 7,800 employees and the five million disabled veterans it serves may not see a benefit check next month.
Veterans who are not yet receiving disability benefits and are waiting on a decision on a VA disability application or appeal have a different issue to consider. With the majority of the VBA staff furloughed, work on processing pending claims has dropped significantly. Progress on an estimated 250,000 claims has halted which is already reversing progress on the claims backlog. Last month was one of the first times the backlog increased since new policies for claims processing were implemented.
In September, the number of pending veterans disability claims grew by about 2,000, a significant setback considering the previous month had seen a decrease of 193,000. The previous months’ positive influence on the backlog had been thanks to the mandatory overtime and extra staff – resources now suspended because of the shutdown.
Even though the processing of claims has been delayed and suspended in some cases, if you have not yet filed for veterans’ disability benefits you are still encouraged to do so with the help of a professional veterans disability firm.
The Law Offices of LaVan & Neidenberg, P.A. is ready to help all veterans and their families learn about how to apply for the benefits to which they are entitled. Contact us – 1-888-234-5758.
Wednesday, October 9th, 2013
As the government shutdown continues to impact various departments and government services, the Department of Veterans Affairs (VA) has continued to operate in accordance with its contingency plans.
How the Shutdown is Affecting Claims Processing
For existing claims, most disability claims will continue to be processed as usual. However, there may be delays in obtaining critical information for incomplete claims. Veterans who file their claim post-shutdown will not see the claim processed until after the shutdown. But filing your claim now secures your effective date and places your information in the VA’s hands so your claim is ready to be processed as soon as the shutdown ends.
Disability claims that require an appeal are still stalled as the Board of Veterans Appeals will not be meeting for the duration of the shutdown. Likewise, Board field hearings on appeals will not be held.
November Disability Payments in Question
So far, October’s disability benefits have been paid, but the availability of funds for November’s payments is still questionable. If the shutdown is still in effect near the end of October, the VA will assess the situation and appropriate funds where available.
Contact an Attorney for Claims Help
The VBA’s Regional Offices public contact services, VA website, and many of the VA’s social media services are either suspended or updated intermittently. At this time, if you are in need of immediate answers on your pending claim or have emergency questions about your benefits, it is best to contact a veterans’ disability attorney.
The Law Offices of LaVan & Neidenberg, P.A. is a private business unaffected by the government shutdown – our team is here for you Monday through Friday, 8AM to 5PM! Contact our disability firm today – 1-888-234-5758.
Friday, October 4th, 2013
Due to the October 2013 government shutdown, many Department of Veterans Affairs (VA) services are now limited or suspended until further notice. As there is no determined date to when the funding for certain operations will once again become available, the VA has implemented its full contingency plan for government shutdowns.
Among the internal departments of the VA, the Board of Veterans Appeals will no longer conduct hearings for veterans disability decisions until the shutdown has ended. This means veterans who have been waiting on decisions or hearings for months will continue to wait until normal operations resume.
Unfortunately, this is a government-level decision and it impacts the veterans disability claims process. All veterans advocate services, veterans disability attorneys, and individual veterans will have to wait out the shutdown before they can continue to pursue an appeal hearing.
For first-time claimants who are not seeking an appeal, claims processing is still set to continue until late October. However, if the shutdown lasts longer, claims processing will have to be suspended when funding has been exhausted. In the event the shutdown lasts beyond the funded period, no new claims will be processed and existing claims will be stalled.
The Law Offices of LaVan & Neidenberg, P.A. continues to monitor the situation and keep our clients informed of the latest impact of the shutdown on their claims. We continue to do our best to push our existing claims through while the regular processing is conducted and hope that the shutdown does not impact our clients any further. Contact us today if you have questions regarding your existing claim or wish to file a new claim – 1-888-234-5758.
Wednesday, October 2nd, 2013
Agent Orange, the herbicide made famous during the Vietnam War for its use as a jungle defoliant in the late 1960s and 1970s, is now infamous for causing disabling health effects. Many military personnel who served during the Vietnam era, as well as their biological children, are still feeling the effects of this toxic chemical and therefore may be eligible for veterans’ disability benefits.
Vietnam veterans who served in the Vietnam area between January 9, 1962 and May 7, 1975 – even if they were not ground troops and only visited shore for brief periods or served on the inland waterways – are presumed to have been exposed to Agent Orange. Likewise, soldiers serving in the Korean demilitarized zone between April 1, 1968 and August 31, 1971 are presumed to have been exposed to the herbicide.
Veterans who were exposed may have an increased risk of suffering certain diseases known as “presumptive diseases.” This includes ailments such as many types of cancers, diabetes mellitus type 2, Parkinson’s disease, ischemic heart disease, and peripheral neuropathy. The diagnosis of one of the presumptive diseases and proof of service during the applicable time periods and locations typically result in an automatic disability rating for a Vietnam veteran.
In addition to the direct effects of Agent Orange, the biological children of Vietnam veterans exposed to the chemical may suffer certain birth defects. Children of male or female veterans are prone to spina bifida and may qualify for disability benefits from the VA. Children of female Vietnam veterans are prone to a more extensive list of birth defects not related to Agent Orange, but rather to the mother’s service in Vietnam.
Vietnam veterans, children of Vietnam veterans, and close family members of Vietnam veterans should be aware of the ailments associated with service in the Vietnam War and options for compensation. To learn more, The Law Offices of LaVan & Neidenberg, P.A. have dedicated veterans’ disability claim representatives to answer all your questions about starting or appealing a claim for benefits. Call today – 1-888-234-5758.