Well that’s a very good question. Many veterans are eligible for medical care even if they aren’t eligible for cash awards. I want veterans to remember that they might also have a claim for Social Security disability. If the veteran is unable to work and has Social Security credits, then he should think about applying for Social Security disability as well as for his veteran benefits.
There are numerous reasons for that. First of all, there’s the back log; secondly, there’s incompetence within the Veteran’s Administration; there’s resistance to change; there is an antiquated filing system in place; and on and on. There are numerous reasons for that. The best advice for veterans is to be very patient.
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.”
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.
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:
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.
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:
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.
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.
The legal fees for veteran’s claims are almost always done on the contingent fee basis and they are regulated. The veteran does not have to worry about paying fees up front. His fees come out of the award he’s given after all of the appeals are processed.
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.
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.
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 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.
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:
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.
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.
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.
Yes. There is a special court that’s formed only for veterans. That court has been operating for a little over 30 years. Since the court was established, it has made a big difference for veterans.
The veteran’s appeals process basically has two steps within the administrative area. First, the veteran applies with the regional office. The application then is processed with what they call the Veteran’s Regional Office, or sometimes it’s called the Agency of Original Jurisdiction. If the claim is denied at the regional office, then the veteran can appeal his claim to the Board of Veterans Appeals. The Board of Veterans Appeals takes the appeals and order in chronological order so that each veteran is taken in the order that his claim was filed. There’s a wait at the board, as well as the regional office, so veterans have to be patient to wait their turn for the board to hear his or her claim. If the claim continues to be denied at the Board of Veterans Appeals, the veteran then has the right to go to the Court of Veterans Claims. That essentially is the last place a veteran can appeal. Many cases are reversed by the court. I don’t want any veteran to give up, even at the Board. If you’ve had a claim denied, even at the Board, you should consider taking it to court, because the court does reverse a lot of claims.
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.
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.
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:
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:
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.
