Can I Get Back Pay For My Veteran’s Disability?

You may have already applied for your VA disability payments. You may already be receiving your benefit payments. But are you getting what you’re entitled to? You might be eligible for back pay.

Can I Get Back Pay For My Veteran’s Disability?

Disability benefits are paid from the date of application. But because it takes a long time to receive benefits, the VA begins benefit payments from the date of application. Since it takes so long before monthly benefits start, accumulated benefit amounts from the waiting period are usually paid in one lump sum. The VA even calls it “back pay.” You may receive a substantial amount of money at one time as a result of your waiting period.

Establishing The Service Connection

Injuries and illnesses that are deemed “service connected” are eligible for VA disability benefits. This includes a pre-existing condition that was exacerbated by your military service.

To be eligible, you must have served in the US military, active or inactive duty for training, received a discharge that was not dishonorable and incurred a disease or injury while in or was aggravated by your military service.

You’ll not only need medical evidence of the service connection (records, etc.), you’ll need evidence to show the relationship between your military service and your illness or injury.

The VA also presumes that certain veterans have a “presumptive disability” by nature of their service record, even if there is no direct evidence of a service connection.

Application Date

It’s important to note that when you apply directly relates to when your benefits start, and when you’ll receive back pay.

Ideally, you should submit your application within one year of your discharge from the military so that your application date is the same as your date of separation.

If you apply one year or more after your date of separation (even one day), the application date is the first day of the month after the VA receives your claim. Most veterans are not aware of this and have the potential to lose a year’s worth of benefit payments.

If your “effective date” is incorrect, the VA may owe you back pay. Many veterans and their families have been given incorrect application and effective dates, and don’t realize they could be owed money.

Re-opening Your Claim

If your original claim was denied, but you have new evidence to support your claim, this could lead to “back pay” when the claim is finally processed. If a medical condition is not noted in your service record, but a later medical exam offers evidence that it was, your claim may be re-opened and re-evaluated. Back pay would result from the original application date to current day.

Pre-Discharge Claims

If you’re now on active duty or in the National Guard and have a discharge date, the VA suggests applying within the period 180 to 90 days before you leave. Formally known as “Benefits Delivery At Discharge,” your claim can be processed much faster, and all medical records can be expedited. Should you be found to be medically unfit for duty, you’ll be given a proposed VA disability rating and a separation date. Use these to file your pre-discharge claim, and avoid losing any time or benefit money.

Are You Owed VA Back Pay?

If you believe the VA has underpaid you, unfairly denied your claim or you need help filing an appeal, The Herren Law Firm is ready to help. We’ve helped over 4,000 Houstonians get the veteran’s benefits they deserve, Call us at (713) 682-8194 or (800) 529-7707 for a free consultation for help with a VA claim. Our contingency fee arrangement means you won’t owe us anything unless we win your case.

A First Look At 2018 Veterans Disability Rates

If you’re receiving VA disability payments, you’re getting a raise. Check out the new veterans disability rates below.

Veterans who rely on disability benefit payments saw only a small increase of .03 percent in 2017, and there were no increases in 2016. But in 2018, veterans will see full 2% increase (called cost-of-living adjustment, or COLA) in their monthly disbursements.

A First Look At 2018 Veterans Disability Rates

House Bill 1329, titled the Veterans’ Compensation Cost-of-Living Adjustment Act of 2017 authorized this increase. The president signed it into law on November 2nd, 2017.

This is the largest increase in VA disability benefit payments since 2012.  The new, increased rate became effective on December 1, 2017, and will appear in payments issued beginning on December 31, 2017.

If you are a retiring veteran this year, you’ll also see a temporary COLA increase from the increase in active duty military pay given in January.

COLA Calculations

Cost of living adjustments are computed by examining the Consumer Price Index (CPI-W) from the US Bureau of Labor Statistics. Using the CPI-W from the third quarter of both the current year and the previous year (July, August and September), the COLA is based on the increase percentage from the 2016 third quarter to the third quarter in 2017.

This year’s weather disasters in the southern US may have contributed to the assigned increase as well, due to higher gas and other consumer prices  as well as other inflation-related items.

How Much?

If you’re at 10% disability and have no dependents, you’ll receive an additional $136.24 per month, or $1,634.88 for the year.

If you’re at 20% disability without dependents you’ll see an increase of $269.30 per month, or $3,231.60 for the year.

These ratings have no other adjustments for spouses, parents or children. However, things get a bit more complicated with higher ratings.

If your rating is between 30% and 60%, and you’re alone, you’ll receive $417.15 for 30% to $1083.52 for 60%. The rates increase with a spouse, a parent, spouse and parent (one or two), and an additional stipend for a spouse who needs “aid and assistance” (listed as a/a) as well as veterans with children.

For veterans rated 70% to 100% disabled with no dependents, the increased amounts start at $1365.48 for 70% disabled to $2937.96 for 100% disabled. With a spouse, dependent parents and/or children, there are also upward adjustments for each.

Your ratings consist of a single number for any and all conditions that rate you as “disabled.” You can review the complete breakdown of increase amounts here.

As A Reminder

VA disability payments are not listed as “gross income” on tax returns, since it is non-taxable.

Need Help?

If you’re applying to the VA for disability benefits, but can’t seem to get anywhere, call The Herren Law Firm. We’ve helped over 4,000 Houstonians navigate the VA’s complicated application and appeals process to get the benefits they deserve. Call us today at 713-682-8194 to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges.

How To Increase Veterans Disability Compensation

Getting your veteran’s disability started is difficult enough. What if the VA didn’t rate you properly for your disability? Can you get a “raise” if you service-related condition causes your health to deteriorate? Here, we’ll discuss the how you can increase your Veterans disability compensation and guide you through the process.

How To Increase Veterans Disability Compensation

What Is Veteran’s Disability Compensation?

If you have a medical condition that developed or was aggravated during military service that causes you to become disabled, the VA will evaluate your medical records to determine the severity of your injuries, disability and economic impact. Disability ratings are given in 10% increments, up to 100%. “Disability” is your inability to work, and how much based on the VA’s own Schedule of Ratings.

Why Ask For A Review?

If your original condition was not rated correctly the first time, or your service-related condition has worsened (such as bone degeneration) it may be time for a review. If you are experiencing increasing pain, or need additional treatment for your condition, a re-rating may give you additional compensation and possibly increased medical care.

Determine Your Current Disability Rating

First, find all the correspondence from the VA regarding your disability case. Locate every letter, file, form, and anything you’ve received about your case, no matter how far back it goes. Make sure you know what your current disability rating is before you proceed.

You can also check your current rating at the VA’s online eBenefits site. Don’t guess at what your rating might be. Find out for sure first.

Using the VA’s own Schedule For Rating Disabilities, compare your current rating to the current standards. Consult with your doctor (VA or private) to determine if  and how your condition has progressed, and your chances of a successful update.

You may find that you are getting the maximum available for your current disability rating. Note that getting a rating increase will only occur for an increase in disability, not an need for increased compensation.

Medical Records

Increasing your rate will require you to backup your request with medical records to substantiate your claim. You’ll need to supply the name and address of the VA facility that has your medical records (including military.) Don’t rely on the VA to find your civilian medical records, so make sure you assemble them to support your case. You’ll need to file this form to authorize your physician to speak with the VA.

Consider obtaining an independent medical opinion/exam before you file your claim. Find a physician who specializes in disability medicine, and can offer independent evidence to support your claim.

Filing

Once you’ve assembled your necessary documentation, it’s time to file. You can go online and use the VA’s form 21-526 EZ, or get help in person from a VA regional office, state or county veterans affairs office, or from an accredited veterans assistance organization.

Caveat (Warning)

Requesting a rating increase will cause the VA to reopen and re-review your entire case. They may uncover an error in the original finding, or find evidence of improvement and re-rate you at a lower rating and/or amount, decreasing your compensation. Make sure you have more than enough evidence to support your request of a higher re-rating to avoid the surprise of a reduction.

What Happens If The VA Denies Or Reduces Your Claim?

You have the right to appeal the VA’s decision. If your claim is denied, it may be time to call Herren Law for help.

We Can Represent You

Herren Law has helped over 4,000 Houstonians get the disability and veteran’s benefits they deserve, and we’ll be happy to help you. Call us at (713) 682-8194 or (800) 529-7707 for a free consultation. We’ll talk with you about your case and let you know how we can help. Our contingency fee arrangement means you won’t owe us anything unless we win your case. You don’t.

Getting Veterans Disability Compensation for Depression

Depression is something that we now know can affect anyone at any time, including veterans. It’s more than just feeling “blue” or down for a few days. If depression continues long term, it can be debilitating, and most people can’t just “snap out of it.” Veterans can be particularly susceptible, especially if they’ve served in a combat zone or another high-stress service connected work environment. If you’re a veteran who’s suffering from or has been diagnosed with service-related depression that impacts your life, you can apply for disability compensation through the Veterans Administration.

Getting Veterans Disability Compensation for Depression

Is It Service Connected?

The VA has two classifications for depression: dysthymic disorder and major depressive disorder, collectively called “mood disorders.”

The first thing the VA will do is determine how and if your depression is directly service connected. You’ll need to produce medical records and other documentation that point to the depression stemming from military service, or from a service-connected injury. Any documentation that proves the depression was service-related will be helpful. If there is nothing in the service medical record, the VA may request statements from individuals who served with the veteran that can corroborate the claim.

If depression existed before enlistment and was worsened by an event or activity during military service, the VA calls it an “aggravated service connection.” The veteran must prove that his or her depression existed before enlistment, and will need to back it up with a statement from his or her physician or mental health professional. Again, if there is no medical notation in the veteran’s service record, statements from fellow service members may be requested.

A veteran must also not have a dishonorable discharge or have any medical condition caused by the veterans’ own intentional misconduct.

Establishing Proof of Depression

In order to process an application and approve (or deny) a veteran’s benefits based on depression, the VA will require various forms of proof. This proof may include:

·         Current diagnosis of depression (from a VA doctor for aggravated service conditions)

·         Evidence of an incident during active duty that triggered or aggravated the depression

·         Medical evidence establishing the link between the current depression diagnosis or aggravation and the episode that occurred while on active duty.

·         A service-connected physical disability that has a direct connection to the diagnosis of depression (called “secondary service connection.”)

An attorney with experience filing VA claims for disability can help identify all the documentary proof needed for a successful benefits application.

Schedule of Ratings

The VA uses a schedule to rate disabilities, including various mental disorders. They rate psychiatric conditions at  0%, 10%, 30%, 50%, 70%, or 100% depending on the symptoms and the limitations of the individual’s condition. These ratings are assigned once the disability of the depressive episode has been established. To diagnose and rate these conditions, the VA uses the criteria from the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), the standard for counselors and psychiatrists and published by the American Psychiatric Association. The higher the rating, the higher the disability, but a 0% score also opens up eligibility for health care later.

The Global Assessment of Functioning (GAF) Scale is also used to determine disability ratings for a veteran’s mental conditions. Scores are awarded after the VA’s Compensation & Pension Exam. Ranging from 1-100, the GAF includes one’s ability to function at work, home, and in social situations, with the highest score being the highest functioning. The lower your score, the higher rating from the VA.

We’re Here To Help

You can apply online for VA benefits, or by visiting your local VA office.

If you’ve been denied benefits, or don’t know where to start, call us today at (713) 682-8194 or (800) 529-7707 to schedule your free consultation. Our attorneys are experienced in helping veterans successfully navigate through the application and appeals process, and we can help you too. Our contingency fee arrangement means you won’t have to pay any fees until you start receiving benefits.

Can A Veteran Rated 100% P&T Work Part Time?

If you’ve been successful in getting VA disability benefits, you may discover that it isn’t enough. A part-time job may become necessary to supplement your income. But can you work? Will working, even part time, affect your monthly VA benefits?

It might. But there are a few things to think about before you start filling out job applications and going on interviews.

working part time as a disabled veteran can affect your benefits

What Is P&T?

This stands for “Permanent & Total,” meaning that you are permanently and totally disabled as a result of injuries or medical conditions you acquired during military service. In other words, you are unemployed or unable to maintain substantially gainful employment (full time, paying wages greater than poverty level) as a result of a service-connected medical condition(s) incurred on active duty.

Schedular or TDIU?

There are two types of ratings assigned to veterans—“Schedular” and Unemployability, or TDIU. These ratings indicate your ability to work at the level you held prior to the injury. The VA considers only service-connected disabilities as the reason a veteran can’t be employed.

Schedular

Known as the Schedule of Ratings, or the VA Impairment Rating Tables, these are used to rate a veteran’s ability to return to work. You may be rated at 100% if you received a 60% or more rating from the Schedule, whether for a single disability, or for two or more that add up to at least 70%, creating a 100% disruption in your ability to generate an income. Even though you may not be completely physically disabled, you are allowed to work and earn any amount of income without any impact to your VA benefits.

Schedular disability is not the same as the determination of disability that is used for SSDI (Social Security) benefits.

Total Disability/Individual Unemployability (TDIU)

This version of VA disability means that your rating inadequately compensates you in your ability to generate an income for the disability as it’s awarded.

You may be able to earn a “marginal” income, which is at or below the US poverty threshold (in 2017, it’s currently $12,331 for one individual under 65, and $11,367 over 65.) Should you exceed that “marginal” level, your VA benefits may be reviewed for reduction.

You can, however, earn more than a “marginal” income if you are in a “sheltered position.” This may mean one of three situations:

  • If you’re working in a family business in a “protected environment,” where an employer makes a special effort to employ a disabled individual
  • In a position where specific accommodations are made for you or anyone in the position
    • If the position was created or modified just for you, and the company would not hire a replacement if you left
  • If a similar company wouldn’t hire someone like you for the same job and the same work, such as a position created/modified just to hire you, i.e, offering flexible work scheduling for medical treatments

This rating is usually assigned to veterans with conditions that may be temporary and resolve with treatment.

Should the VA question your employment or reduce/eliminate your benefits, it may become necessary to request documentation from your employer to defend your position. Our attorneys are experienced in VA claims, and can help you through the process.

If The VA Denies Or Reduces Your Benefits

Call us immediately—you must appeal quickly or lose the opportunity. Our attorneys can work with you to file your appeal in the VA’s system to get you the benefits you deserve.

We’re Here To Help

This is just a brief overview of VA disability and working, and should not be considered a complete guide.

The Herren Law Firm has helped over 4,000 Houstonians get the disability and veteran’s benefits they deserve, and we’ll be happy to help you. Call us at (713) 682-8194 or (800) 529-7707 for a free consultation. We’ll talk with you about your case and let you know how we can help. Our contingency fee arrangement means you won’t owe us anything unless we win your case.

Military Sexual Trauma, PTSD, and Your Houston VA Disability Benefits Case

Unfortunately, sexual assault does occur in the military, and according to the Department of Veterans Affairs (VA), sexual assault is classified as military sexual traumas (MST). Furthermore, according to Title 38 U.S. Code 1720D, MST is a “psychological trauma, which in the judgment of a VA mental health professional, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the Veteran was serving on active duty, active duty for training, or inactive duty training.”

Military Sexual Trauma, PTSD, and Your Houston VA Benefits Case

National data suggests that 1 in 4 women and 1 in 100 men experience sexual trauma while serving in the military, and although PTSD is commonly associated with military sexual trauma (MST), it is not the only diagnosis that can result from MST. As such, if you are a U.S. Veteran living in Houston or the Houston area, and you want to receive your rightfully owned VA disability benefits due to MST or PTSD, then it’s critical to contact a Houston VA disability benefits attorney as soon as possible.

At Herren Law in Houston, we’ve helped numerous Veterans with their VA applications, appeals, and other issues regarding disability benefits. For representation with one of the leading VA benefits attorneys in Houston, make sure to call Herren Law today at (800) 529-7707. We work on a contingency basis, and initial consultations are always free.

Overview of Military Sexual Trauma and PTSD

First of all, it’s essential to note that military sexual trauma is not a medical diagnosis. Because MST is a traumatic event, there are multiple reactions that a person can have. PTSD may be the most common diagnosis associated with MST, but other diagnoses often include depression, mood disorders, and substance abuse disorders.

Keep in mind that not every individual will have the same reaction. Some reactions to military sexual trauma can include:

  • Strong emotions, including depression, sudden and emotional responses to things, and feeling angry or irritated all of the time
  • Numb feelings, where you feel emotionally flat or have difficulties experiencing emotions such as happiness or love
  • Trouble falling asleep
  • Difficulties with attention, memory, and concentration
  • Problems with alcohol or drugs
  • Difficulties with things that may remind the Veteran of the traumatic sexual experience
  • Difficulties with relationships, such as feeling disconnected or isolated from others
  • Physical health problems

Military Sexual Trauma and the VA

Military sexual trauma is a very serious issue, and, fortunately, the VA has responded to MST claims and every VA health care facility has a designated MST Coordinator. The MST Coordinator often acts as the contact person for any MST-related issues, and the Coordinator can help you find and access various VA services and programs. Additionally, because MST is massively underreported (due to stigma and other reasons), VA health care providers often must ask a Veteran if he/she experienced military sexual trauma. For more information on MST Coordinators, and finding these individuals near, please refer to the VA’s official list of Military Sexual Trauma Coordinators.

When applying for disability compensation with the VA, you won’t receive compensation for MST itself, but for the conditions that resulted from the MST.

Evidence to Support a Military Sexual Trauma Claim

No matter the severity of your traumatizing event, the VA still requires documentation and evidence to validate your claim and provide regular VA disability benefits. Some common and effective pieces of evidence come from the Department of Defense forms used to report incidents of sexual assault or harassment, as well as investigative reports, while you were in the military. However, because sexual trauma isn’t often reported, the VA has “relaxed the evidentiary requirements and looks for ‘markers’ (i.e., signs, events, or circumstances) that provide some indication that the traumatic event happened.”

This evidence can include:

  • Records from law enforcement agencies, rape crisis centers, hospitals, mental health counseling centers, and others
  • Pregnancy tests or test results for STDs
  • Statements from family members, fellow Servicemembers and Veterans, counselors, clergy members, and others
  • Requests for transfer while the Veteran was in the military (reasonably attributed to the sexual trauma, assault, or harassment)
  • Deterioration in work performance
  • Substance abuse
  • Unexplained economic or social behavior
  • Relationship issues
  • Sexual dysfunction

Due to the evidentiary requirements, it’s absolutely critical to document as much as you can. Furthermore, it’s important to note that increases in MST awareness led the VA to offer special training for all VA regional office personnel who process MST-related claims and the mental health clinicians conducting the examinations related to these claims. This occurred in 2011, and if your past MST claim with the VA was denied before this date, you can request a re-evaluation from your local VA regional office.

For a Free Consultation, Call Herren Law in Houston Today

Military sexual trauma is a very serious incident that can have lifelong consequences for the victim. As such, if you were the victim of MST, sexual assault, or sexual harassment while you were in active service with the military, and you are continuing to suffer, make sure to not hesitate any longer and call Houston VA disability attorney William Herren today. We work on a contingency basis, meaning that you won’t pay a cent unless we win your case. Initial consultations are also free, so call Herren Law in Houston at (800) 529-7707 or (713) 682-8194 today.

Do I Qualify for VA Disability Backpay?

When applying for VA disability benefits in Houston, there is one thing you can certainly expect: waiting, and possibly waiting for quite some time for the Houston VA offices to make their decision. The VA is aware of this, and to make up for the time between the VA’s decision and your date of eligibility, the VA has instituted VA disability back pay.

Do I Qualify for VA Disability Backpay? | Houston VA Attorney Herren Law

If you have a service-connected disability and you’re applying to the Veterans Affairs for disability benefits, then it’s important to understand backpay and how it affects your claim. More importantly, you need to get a Houston attorney specializing in VA disability benefits. At Herren Law, we work on a contingency basis, meaning that you won’t owe a penny until you get your benefits. And after years of helping Veterans just like you, attorney William Herren understands what you’re going through and will work with you as well as the VA to get you the benefits you deserve.

Call our Houston law office today at (800) 529-7707 for a free consultation. In the meantime, you can learn more about VA disability benefits below.

Eligibility for VA Disability Backpay

If you are awarded disability benefits from the VA due to your service-connected injury, then you are eligible for retroactive benefits. If awarded benefits, however, the problem that many Veterans face is the amount of back pay they are entitled to. By understanding the relevant federal laws and the Houston VA disability process, you can make sure that the VA is providing a fair and full amount. To do this, the first aspect of VA disability benefits that you need to know is the “effective date.”

The Effective Date of Your VA Disability Benefits Claim

The “effective date” of your claim is the moment the Department of Veterans Affairs (VA) has received your application for disability benefits. When you finally receive disability benefits, which can sometimes be months, or even years, after the VA receives your application, you will receive disability benefits dating back to that effective date (starting the first of the month after the effective date). For instance, if the VA receives your application on March 3rd, 2015, and you’re awarded benefits in February 2017, then your benefits will be considered from May 1st, 2015 and onward.

This is true for most new claims as well as claims to increase the rating of a pre-existing, service-connected disability. However, there is some conflict regarding what actually constitutes a claim, including what specific documentation you need to include in your claim. Generally, the VA states that a valid claim is VA Form 21-526, citing 38 USC §5101(a). However, there are many types of communications which may qualify as “a claim,” outside of the VA Form 21-526. Also, if the VA receives an informal claim, it must send out VA Form 21-526. The veteran needs to return the Form 21-526 within a year, and if so, the date the VA received the informal claim will be the effective date.

There are also exceptions to these rules, and so, regardless of your situation, it can help to speak with your attorney.

Effective Dates for Direct Service Connections

When you were injured in the military or a pre-existing injury was made worse, then you have a direct service connection. If this is your case, your effective date can be:

  • The date the VA receives your claim, or
  • The date you first got your illness or injury

If the VA receives your claim within one year of the day that you left your military service, then the effective date can be as early as the separation date. For instance, you finished your service on August 4th, 2014, and you had a disability. You apply for benefits within a year on June 10th, 2016. The VA awards 40% disability and, because the VA received the claim within a year of service, the VA sets an effective date at September 1st, 2014.

Effective Dates for Presumptive Service Connections

When you are awarded disability benefits for a presumptive service connection, and the VA receives your claim within one year of your separation from the military, then your effective date may be the date that your first got your illness or injury. Otherwise, if you file a claim after one year of your separation from the military, then your effective date is typically the date the VA receives your claim.

Call Herren Law Today for a Free Consultation

It is important to note that there are many nuances to this law, whereas the effective date can also depend on liberalizing law changes, reopened claims, and with claims based on a Veteran’s death in service. As such, to navigate these complex issues and speak to an expert who will fight for fair and maximum disability back pay, then call Houston VA disability attorney Herren Law at (800) 529-7707 for a free consultation. Evening appointments are available.

How to Establish a Service Connection to Your Disability

Filing a claim with the Veterans Affairs (VA) for disability compensation for an illness or disability that resulted from your military service? In an ideal world, Houston area Veterans would be able to receive benefits from the VA simply and painlessly; unfortunately, VA disability benefits are quite complicated, the process can take a fair amount of time, and there is a lot of preparation involved.

Establish a Service Connection to Your Disability | Houston VA Attorney

Nevertheless, when filing a claim, one of the cornerstone pieces of evidence that you need is a connection between your disability or illness and your time in the military. In other words, you need to show the VA that your disability resulted from an incident during your service with a branch of the U.S. military, whether Air Force, Marines, Army, Coast Guard, Navy, or others. By calling Houston veterans disability benefits attorney William Herren, we’ll diligently investigate the details of your claim and build evidence to support that claim. Furthermore, we’ll vigorously fight on your behalf to ensure timely and fair benefits. For a free consultation with our law firm, call our Houston office today at (800) 529-7707.

Five Ways to Establish a Service Connection for Disability, Disease, or Illness

The VA has fairly stringent regulations regarding the establishment of a service connection for disabilities, diseases, and illnesses. To be clear, however, it’s important to note that “service connection” means that the disability was either developed or aggravated during active duty. In general, there are five ways that you can establish a service connection for your VA disability benefits claim. These methods include:

  1. Direct Service Connection — A direct service connection occurs when there is clear evidence that the incident occurred while the veteran was in service. For instance, a Veteran is paralyzed from a back-breaking fall that occurred while he/she was in military parachute training. The Veteran’s disability is clearly connected to his/her military service. Sometimes, if your symptoms manifested before you were discharged, you may not need a medical opinion to establish a link between your service and your disability.
  2. Presumed Service Connection — There are some disabilities, illnesses, and diseases that are “presumed” to be service connected, and the VA has compiled a long list of conditions that are presumed to be service connected during a certain date range. For instance, Veterans who were exposed to Agent Orange during the Vietnam War, and who now have Parkinson’s Disease, are presumed to have a service connection. Some other presumptive conditions include chronic illnesses, tropical illnesses, tuberculosis, multiple sclerosis, and Hansen’s disease, among others. Certain forms of cancer are also presumed to be service-connected in cases where the Veteran was subjected to radiation.
  3. Pre-Existing Injury Aggravated by Military Service — For this service connection, the Veteran had a pre-existing injury that was made worse (aggravated) due to an event that occurred during his/her military service. The condition must have been reported in the Veteran’s entrance medical exam records, and there needs to be evidence that the condition worsened during his/her service connection.
  4. Secondary Service Connection — When one service-connected disability is the cause of another disability, you may have a secondary service connection. The secondary disability doesn’t have to be service-connected, but you do need to show that it wouldn’t have occurred without the service-connected disability. For example, the famous case regards a WWII Veteran who had tuberculosis and was treated with a medicine known for causing hearing loss. The hearing loss occurred because of the service-connected tuberculosis, and so the hearing loss may be considered as a secondary service connection.
  5. Service Connection due to Injury Caused by Treatment in the VA Health Care System — If your disability arose out of VA hospitalization, treatment, rehab, or therapy, then that disability is considered to be service connected.

Establishing a Service Connection for Post-Traumatic Stress Disorder (PTSD)

Post-traumatic stress disorder can manifest after your service, and this condition isn’t so black-and-white when it comes to a singular event that occurred during service. For these reasons, the VA has special rules for disability benefit claims involving PTSD. To establish a service connection for PTSD, you’ll need to:

  • Provide a statement regarding the traumatic event(s) that occurred during service
  • Have a diagnosis of PTSD
  • Get an opinion from a VA psychologist or psychiatrist that the stressor (traumatic event) was sufficient to cause PTSD

Call Veterans Disability Lawyer William Herren Today

The disability benefits application process can be time-consuming and it requires a keen attention to detail, especially with regards to documentation and deadlines. By calling Houston VA disability benefits attorney William Herren of Herren Law, we can provide expert legal counsel, guidance, and representation regarding every stage of the application process and, if necessary, the appeal. We also work on a contingent basis, meaning you won’t pay a penny until you get your benefits.

For a free consultation with Herren Law in Houston, call us today at (800) 529-7707.

How a Veterans Disability Lawyer in Houston Can Help

When filing a claim with the Veteran’s Affairs, we at Herren Law advise the benefits of having an experienced and professional veterans disability lawyer who’s mission is to help disabled veterans win maximum benefits for their total disability claim. As an experienced veterans disability lawyer in Houston, attorney William Herren has helped numerous veterans, just like you, win disability benefits from an injury or illness acquired while in active duty with the U.S. military, whether Army, Navy, Coast Guard, Marines, or Air Force.

How a Veterans Disability Lawyer in Houston Can Help | Herren Law

We work on a contingency basis, meaning that you won’t pay a thing unless we win your case. Although a disability lawyer isn’t mandatory when filing a claim, appealing a denial, or representing your case in front of the VA, there are many fundamental benefits that your attorney can offer. Below, you’ll discover some of the ways that a veterans disability lawyer in Houston can help, but in the meantime, you can speak directly with our Houston veterans disability law firm by calling (800) 529-7707 for a free consultation.

Why Success Rates Improve With a Veterans Disability Lawyer in Houston

Remember, having an experienced veterans disability lawyer is not mandatory, but keeping a leading attorney on your side who can help you traverse the claim filing and hearing process can be crucial to getting you the benefits you deserve.

In general, when filing with or without an attorney, an applicant must wait about 6 months before receiving a decision from a VA Regional Office (VARO) in Houston regarding a claim for service-connected compensation. If the claim is denied, the appeals process at the local VARO level can take another six months to two years before the case moves to the Board of Veterans’ Appeals (BVA) in Washington, DC. Once there, the process can take another two years, while delays at the U.S. Court of Appeals for Veterans Claims can take yet another two years. In some cases, the veteran can spend 10 years or more waiting for VA to make the right decision.

This is definitely an extremely long time to wait, and for this reason alone, it can be helpful to get an attorney on your side to streamline the process while giving you the most benefit and legal counsel before appeals and hearings. Furthermore, the average denial rate in front of the BVA is about 24 percent, while veterans represented by an attorney have an average denial rate of about 17.7 percent. Also, veterans with representation are among the most likely to have their appeals allowed with a 30 percent success rate.

What a Veterans Disability Lawyer Will Do For You

The success rate for your claim can improve by having an experienced and knowledgeable (and VA-certified!) attorney at your side. But what exactly will a veterans disability attorney do for you? Well, that answer is simple: your attorney will zealously advocate on your behalf. Your attorney will also answer any claim-related questions you may have and help you understand and obtain the evidence you need to support your claim.

How a Veterans Disability Lawyer in Houston Can Help | Herren LawFurthermore, with extensive experience helping veterans just like you, we at Herren Law in Houston can analyze your entire VA claim history while assessing the best and most efficient path to getting the disability benefits you deserve, including both the benefits you know about as well as those you don’t.

Your attorney will also assist you during sworn testimonies in front of the VA, whether at the VARO level or even the BVA level. Among other things, your attorney can also help seeking out vocational experts to provide expert opinions while setting up independent medical exams in support of your case.

Your Attorney and Contesting VA Findings

In addition to the above elements, your veterans disability benefits attorney will also be essential in contesting the Veteran’s Affairs findings. Without an attorney, it becomes incrementally more complex to contest the VA findings without an expert. According to the law, your local VA office (whether VARO or BVA) must treat the veteran without an attorney just as they would treat a veteran with an attorney, but in practice, it makes sense to have an attorney who can scrutinize the VA’s decisions and litigate a vigorous appeal. For instance, the veteran can submit written questions to the VA’s physicians to obtain information about their findings and assessments, and VA medical examiners must consider presumptive and direct theories of service connection.

Contact Veterans Disability Attorney William Herren in Houston Today!

The veterans disability process can be quite complex, although it can be sympathetic to claimants. For the most part, it’s absolutely essential to include all of the necessary information and documents in your claim; without a full and comprehensive claim, there’s a higher chance of a denial and increased waiting to possibly receive your disability benefits later on.

To get a complete picture about how Houston veterans disability attorney William Herren can help, you can take advantage of our free consultations and call us today! Call now at (800) 529-7707 or (713) 682-8194.

Hiring a VA-Certified Veterans Disability Lawyer

When applying for disability benefits through the Department of Veteran’s Affairs (VA), it’s important to be prepared for a long and frustrating process. For this reason alone, you should highly consider having an experienced veterans disability lawyer in Houston to help you navigate the VA disability claims processes so that you can reduce the number of headaches and complications.

Although a veterans disability lawyer cannot speed up the process, the legal assistance you’d receive from an attorney can help ease the process while fighting to get you more of the benefits that you’re entitled to.

Hiring a VA-Certified Veterans Disability Lawyer in Houston TX

At Herren Law, Houston veterans disability lawyer William Herren is VA-certified, and whether you applied for disability benefits and received a denial letter and intend to file an appeal, or you need a discharge upgrade to qualify for VA benefits, we at Herren Law have the experience and legal know-how to diligently represent your claim and vigorously fight for the benefits you deserve.

For a free, no-obligation consultation with attorney Herren, call our Houston law firm today at (800) 529-7707.

How to Find the Right Veterans Disability Lawyer for Your Case

As a general piece of advice, you should only choose a VA-certified veterans disability lawyer who can provide you with top-level legal representation. At the same time, you should always consider the benefits of acquiring an attorney who will fully represent your interests. To better help in your search finding a veterans disability lawyer, there are two questions you should always ask, including:

  1. Is the veterans disability attorney VA-certified?

⁃ At Herren Law, Houston veterans disability attorney Bill Herren is VA-accredited with accreditation number 9806 and POA Code 48G. Attorney Herren is also admitted to practice before the U.S. Court of Appeals for Veterans Claims (CAVC).

2. How long has the attorney been practicing veterans law?

⁃ Attorney William Herren has over 20 years of experience, and we’ve helped over 4000 people with their disability claims, including veterans disability claims.

In addition to these questions, you should make sure that your attorney will help you get the earliest effective date possible for benefits. Your attorney should also help you get the highest possible rating for your disability. Lastly, veterans disability law is quite broad, and it’s important to have an attorney experienced in a wide variety of claims. For instance, at Herren Law, we can help veterans with the following military-related injuries, including but not limited to:

This list is not all-inclusive, and keep in mind that if you don’t see your condition here, you may still qualify for benefits. Call Herren Law in Houston to see if you have a case.

When to Call Your VA-Certified Veterans Disability Lawyer

You can acquire a veterans disability lawyer at any point in the claims process, whether you’re organizing the documentation or appealing a denial. On average, about 70% of veterans disability claims are denied, and so it’s likely that you may need to appeal that denial with an experienced attorney at your side (not mandatory, but highly advised). Furthermore, although we at Herren Law are located right in Houston, we work at a federal level and can represent clients from all over the United States.

Hiring a VA-Certified Veterans Disability Lawyer in Houston TX

How Much Might a Veterans Disability Lawyer Cost

One of the first questions that we hear from potential clients is, “How much will a veterans disability lawyer cost me to represent my case.” Well, attorney William Herren works on a contingency basis, meaning that you won’t owe a thing unless we win your case. Furthermore, attorney fees for representing a veteran before VA, the Board of Veterans Appeals, and Court are determined by law (see 38 U.S.C. § 5904 and 38 C.F.R. § 14.636). Additionally, all agreements for the payment of fees for attorneys must be in writing and signed by both the claimant and the attorney.

Contact Herren Law in Houston TX

At Herren Law, our mission is to help you obtain your veterans disability benefits in a timely, stress-free manner. As such, when taking on your case, we’ll work closely with you, one-on-one, and carefully listen to your case, your service in the military, and the disability you obtained due to that service. Afterward, we will thoroughly investigate the details of the case and your claim with the VA, and represent those interests at every stage of the VA disability benefits process. For a free, no-obligation consultation with attorney Herren, call our Houston law firm today at (800) 529-7707.