Veterans Day Celebrated in the City of Houston In November

October 17, 2022 by

For veterans, November 11th is a day of celebration in the Houston area and throughout the United States. Because Lone Star State has more than 250,000 veterans, it’s the second-largest population of veterans in the US. The City of Houston’s Veterans Day Ceremony happens on Friday, November 11, 2022, at 10:00 am. Acknowledgments and local keynote speakers will be on hand to honor local heroes. Included is a moment of silence at 11:00 am to commemorate the 102nd anniversary of the signing of the Armistice that brought WWI to an end.

veteran days

The American Heroes Parade will begin at 11:30 A.M. The parade starts at Dallas and Bagby and will end at Lamar at Bagby. The route takes the parade from the starting point east on Dallas, north on Louisiana, west on Walker, south on Smith, and west on Lamar to the endpoint.

Also included are local veterans’ organizations, ROTC and Junior ROTCs, bands, and other supporters who will march in support of Texas veterans. These activities are also open to the public along the entire parade route.

Other Houston-area scheduled Veterans Day events to include:

• The Woodlands Township, 4:30 pm to 5:30 pm at Town Green Park, 2099 Lake Robbins Dr, The Woodlands, TX, 77380
• Downtown Houston Aquarium, 10 am to 10 pm, 410 Bagby (call for details)
• Kemah Boardwalk Aquarium, 10:00 am to 9:30 pm, #11 Kemah Boardwalk Kemah, TX, 77565

The Bay Area Chorus also has two scheduled performances in honor of Veterans Day.

What Is Veterans Day?

It’s a day to honor everyone who has served in the US military in any capacity, including:
• Army
• Navy
• Marines
• Air Force
• Coast Guard

First known as “Armistice Day,” it was a worldwide holiday to mark the end of WWI when the Allies formed an armistice to stop fighting on “The 11th hour of the 11th day of the 11th month.”

Then in 1947, the term “Veterans Day” was used in Birmingham, AL for National Veterans Day. WWI Veteran Raymond Weeks held the first Veterans Day to honor the living veterans along with their deceased colleagues. This began a tradition of honoring veterans from all branches, whether they served in war or peacetime. Civilians also honor veterans on this day alongside current and retired military personnel.

If you can not attend Veteran Day activities, you may want to take a moment in your day to reflect on the significance of the contributions of the service of out veterans.

Herren Law Helps Houston Veterans

Getting veteran’s disability benefits is can be a frustrating process that takes patience as well as understanding the law. William Herren is a disability attorney who has helped more than 4,000 Houstonians get the benefits they deserve, including veterans. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) 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. We help Veterans applying for benefits or with appeals.

Filed Under: Veterans Disability Tagged With: , ,

What You Need To Know About Camp Lejeune

October 1, 2022 by

You’ve probably seen the flood of new law firm commercials regarding Camp Lejeune water contamination cases.  Camp Lejeune, located in Jacksonville, North Carolina is one of the largest US Marine bases and has been home to millions of Marines, their families, veterans, and civilians who worked on the base.

camp lejeune water contamination

During the 1980s, the base officials discovered that water contamination had been occurring since the 1950s. It was recently determined that the contamination was allowed by the US government in the form of military personnel who were not checking the water supply as they were supposed to. It was the Camp Lejeune authorities that were responsible for the water supply. Their failure led to an investigation into this situation and to the current decision by Congress to allow for claims now. But claims must be filed within the next two years. That is why there is a scramble to get the word out and get folks to file their claims in that time period.

According to the Agency for Toxic Substances and Disease Registry (ATSDR), part of the Centers for Disease Control and Prevention (CDC), people exposed to these contaminants developed a much higher risk of serious medical conditions later.

A study from the National Library of Medicine reports that this water was contaminated with a host of toxic substances including benzene, chloroform, and vinyl chloride in amounts far above permitted levels. All these chemicals are known human carcinogens and are responsible for cancers, birth defects, miscarriages, infertility, and a host of other serious health conditions.

Were You At Camp Lejeune?

Individuals who could be eligible for compensation because of the water contamination fall into one of four groups:

• Active-duty military personnel stationed at Camp Lejeune

• Families, children, and other dependents of military personnel stationed at Camp Lejeune

• Civilians and subcontractors employed on board Camp Lejeune

• Children who have been exposed to contaminants during pregnancy while at Camp Lejeune

If you fall into one of these categories and were stationed at the base for at least 30 days from 1953 through 1987, you may have suffered illness related to water contamination.

The chemicals leaked into water supplies through underground storage tanks and were intentional dumping into storm drains. People unknowingly drank this contaminated water and used it for hand washing, bathing, and other contact applications. More than a million people were exposed to this water between 1953 and 1987.

Even though the government took care of the contamination, the effects were not immediate. People who were exposed to the contaminated water developed serious medical conditions years after they left.

The Veterans Administration

As a law firm that handles veterans’ claims every day, we understand dealing with the VA on your own. Overworked caseworkers deny claims without notifying the veteran of what they might need or the benefits that might be available for them. According to Bill Herren of Herren Law, you can have virtually anything, any chronic condition, especially cancer because cancer of any kind could be related to that toxic water.  Also if you previously filed and were denied, because of the rule of you can’t sue the government, your claim can be refiled.

The VA has since authorized benefits to veterans, reservists, and guardsmen who were stationed at either Camp Lejeune or MCAS New River. The government website details you must have been stationed there for at least 30 days while on active duty, or in the National Guard or Reserves. It also names the following presumptive conditions as qualifying conditions: Adult leukemia, aplastic anemia, and other myelodysplastic syndromes, bladder cancer, kidney cancer, liver cancer, multiple myeloma, Non-Hodgkin’s lymphoma, and Parkinson’s disease. Other presumptive conditions have since been added. Presumptive basically means it is presumed that this medical condition is related to the contamination and you do not need to prove it.  But as Herren has discussed, any chronic condition may be the basis for a claim. If you think you may have a claim, now is the time to explore it, given the current two-year window to file a claim.

What About Family Members?

Now family members have an opportunity to file a claim to recover compensation through the Camp Lejeune Justice Act. The Justice Act is part of the larger PACT Act, signed into law in August of 2022.

Spouses and children of veterans at Camp Lejeune and MCAS New River were also unknowingly exposed and later developed serious health conditions. These individuals are now able to file a claim for medical expenses and pain and suffering resulting from the water contamination. Furthermore, Camp Lejeune civilian workers may also be eligible to file a claim.

The act currently states the time frame is two years from the date of the signing, so all claims must be filed before the end date. That is why the sense of urgency.

Camp Lejeune Claim? Contact The Herren Law Firm Today

For more than 30 years, the Herren law firm has helped veterans and other disabled people with their benefits claims and appeals. We have extensive experience dealing with governmental agencies and the claims that are filed with them. We are in a position to help you file a claim.

If you or someone you know became ill after being stationed at Camp Lejeune, get in touch with us immediately.

Contact us today by calling (713) 682-8194 or using our online contact form our consultation is free, to discuss your situation.

Filed Under: Camp Lejeune Justice Act, Veterans Disability Tagged With: , ,

Find an Experienced Disability Lawyer in Houston

July 14, 2022 by

It is important to find an experienced disability lawyer in Houston as the process of applying for and getting disability payments through Social Security can be a long and frustrating one. Veterans trying to get disability awarded run into similar frustrations and don’t get us started on the frustrations folks find dealing with insurance companies for their long term disability claims! For this reason, William Herren and the staff at Herren Law offer its services as a way to help navigate the process. Mr. Herren’s over 25 years of experience in this area of law in the Houston area makes him uniquely qualified to help clients. He and his staff help with applications, appeals and representation when it comes time for a hearing.

Our goal is to have every qualified applicant receive the benefits they deserve and need. Unfortunately, not everyone who applies on their own have a good experience. That’s when they need to find an experienced disability lawyer to help them.

How Can A Disability Lawyer Help?

If you decide to apply for disability on your own, without help, you’re often required to fill out tons of forms, and gather relevant evidence such as medical records, all while dealing with your medical condition. It can be overwhelming and confusing. You sometimes wonder if the difficulties are designed on purpose so you will give up.

For example when you hire a disability lawyer to help you with the social security disability process, you are required to fill out about 40 pages of forms. When you hire William Herren, you hire an advocate who understands the Social Security disability process and disability law. He can handle the paperwork and evidence gathering for you, and make sure you have what you need. Hiring the right lawyer at the outset can make sure your application is done correctly and that you’re well represented throughout the process.

Another good reason for getting help from a disability lawyer is that they can help you prepare for a Social Security Administration (SSA) examiner’s interview for your case. When you attend this hearing alone, you may say the wrong thing or give too much attention to the wrong things during questioning, because you simply wouldn’t know what is important or relevant or what the examiner is looking for. While you may be focused on the immediate effects of your disability, the examiner is more focused on how your disability impacts your everyday life. A physician or other healthcare provider focuses on your symptoms and treatment and most don’t necessarily understand how the SSA system works. Therefore, your doctor may not be the best person to adequately prepare you for the eventual in-person hearing.

But an experienced disability lawyer should have specific knowledge directly related to the process of filing, the in-person interview, and the appeals process. Therefore, they can prepare for the examiners’ review ahead of time. The attorney will help you with what to say, and more importantly, what not to say. This gives you a better chance of answering the questions correctly and ultimately getting your needed disability benefits.

Reasons to Hire a Disability Lawyer In Houston

The number one reason to hire an experienced disability lawyer in Houston is, of course, you reside in Houston or in Harris County so hiring a local attorney makes sense for personal convenience. William Herren and his staff are very familiar with the insurance companies, the SSA, and area doctors, hospitals etc – meaning he knows who to deal with. His experience brings resources and contacts a less experienced lawyer may not have. Having good professional, and in some cases, friendly relationships help to get things done more efficiently for his clients. While a good doctor and treatment regimen is important for any type of life-changing disability, sometimes a good disability lawyer can help in other ways, such as:

• Be informative and answer any questions along the way
• Help with the initial application process
• Gather all required evidence you need to support your claim of disability
• Present your case in the examiner’s interview
• Assist with appeals if your initial application is denied
• Act as a “coach” ahead of time so that you’ll be prepared to answer all questions correctly
• Taking the pressure off you to get everything correct
• Update the SSA with changes in your medical conditions
• Represent you in a hearing with an administrative law judge if needed

Without the help of an experienced Houston disability lawyer, you’re on your own against a process that can be full of stumbling blocks and “red tape.” For example one of the most important factors is submitting the right medical evidence. Your disability lawyer will communicate with your medical providers and review all medical records to ensure that you have what you need. They have the experience to eliminate anything irrelevant to your case.

Another issue you may run into is the doctor who is unwilling to assist you in getting categorized for your disability. They may believe that the patient isn’t disabled. Perhaps the physician doesn’t understand the process or is just simply not interested in dealing with paperwork. However, these type of doctors will often speak with an attorney representing a patient, especially, as with Mr. Herren, the attorney has more experience dealing with doctors and other healthcare professionals.

Also because a disability lawyer understands the process, they should also make sure that all deadlines are met and you are kept up to date on everything. While the attorney handles the legal side of your case, you can concentrate on taking care of yourself.

Houston Disability Lawyer William Herren

We at Herren Law know the process, know our city of Houston, and are proud of helping more than 4,000 people get the benefits they need. We are ready to help you with your initial application and ensure that your application or appeal is done correctly. We are experienced in helping people successfully navigate through the disability application and appeals process and we can help you too. Our contingency fee means you won’t have to pay until you start receiving benefits.
If you’ve been denied benefits, or don’t know where to start, please call the Herren Law Firm today at (713) 682-8194 or (800) 529-7707 to schedule your free consultation. We look forward to being of service.

Filed Under: Long Term Disability, Social Security Disability, Veterans Disability Tagged With: , ,

Am I Able To Get Veteran Disability Back Pay?

March 16, 2022 by

Can you get veteran disability back pay? Because the VA is notorious for taking a long time to award disability benefits to veterans, you’ll be happy to know that there is a silver lining. And the longer you must wait, the better your chances of getting back pay.

Am I Able To Get Veteran Disability Back Pay?

Veterans who apply and have trouble getting their benefits may wait months and even years before receiving their monthly VA disability payments. This can lead to a one-time lump sum.

What Is Veterans Disability Back Pay?

There is usually a substantial wait between the time veteran applies for disability benefits and the time they begin to receive these benefits. Therefore, the VA generally pays benefits in full that the veteran is due. This can lead to a substantial payment to make up for the months (or years) waiting for the payments to begin.

Commonly called “back pay,” it’s the difference between the effective date and the date of the benefit award. This means that you may receive a lump sum that’s the total amount of money you would have received monthly if you’d been awarded benefits from your effective date.

Defining The Effective Date

The VA pays benefits from what it calls your “effective date,” which is the latter of two dates. These are the date of your application or the date that your service-connected disability either shows up or increases in severity.

For example: If you apply for VA disability benefits on May 1st, and your benefits are approved on December 1, your monthly benefit payments may not start until the following May. This means that you would receive a lump sum equal to the amount you would have been paid from your application date, which was the original May 1st when you applied. This original May 1st is the effective date.

For most claims, the date of your application is the effective date. However, the second date is usually when a veteran decides to file for the first time or to request an increase in their ratings. That’s why the second effective date would not be the original date of the claim filing.

Sometimes, an earlier effective date may be used. These would be for recently discharged veterans, claims for increased ratings, or Agent Orange exposure claims. The reason for that is because Agent Orange exposure is known as a presumptive service-connected condition.

The VA begins the claims process once the effective date is established for the veteran.

How Much Will I Receive?

As with any legal case, it’s impossible to give an exact dollar amount for a veteran’s disability back pay. Every veteran’s case is different, their benefit amounts are different, and they’re based on each individual’s disability rating.

The eventual back pay award will be based on:

• The amount that the veteran will receive monthly once benefits are awarded
• The number of months and/or years that the veteran has been waiting since his or her effective date.
• The differences in the benefit amount for the months or years that the veteran has been waiting, taking into account factors like cost-of-living adjustments.
• Any other special considerations, such as additional monies for aid & attendance, or other allowances.
The longer you have been waiting, the larger your possible back pay will be. As always, veterans’ benefits are tax-free. This includes anything you receive as back pay.

Appeal If You’ve Been Denied

For a handful of reasons, many VA claims are denied at the outset. If this has happened to you, don’t re-apply for VA benefits—file an appeal instead.

If you submit another application, your effective date will change. This means you could lose hundreds and even thousands of dollars in back pay. Using the above example, if your claim is denied in December, and you reapply at that time, your new effective date will be December 1st, not the original May 1st. You will in this example lose six months of potential back pay, if not more.

After a successful review or an appeal, you may also receive back pay.

It’s important to note that all applications for VA disability benefits must be made in writing. If you have had discussions with an attorney, a veterans service officer (VSO), or a VA representative about filing a claim, don’t assume that it has been done for you.

The VA has considerable discrepancies in notifying veterans about the possibility of having a claim. Therefore, it’s up to you to begin the process. The effective date of your award is always on the date of your written claim, and not before. Working with a disability law attorney can make the process easier and make sure that your application is done correctly the first time and that any appeals are handled well.

Herren Law Helps Houston Veterans

Getting veteran’s disability back pay and benefits is a long, arduous process that takes patience as well as understanding the law. William Herren is a disability attorney who has helped more than 4,000 Houstonians get the benefits they deserve, including veterans. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) 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. You don’t owe a fee until we win your case.

Filed Under: Veterans Disability Tagged With: , ,

What If My PTSD Gets Worse?

January 11, 2022 by

Post-Traumatic Stress Disorder or PTSD affects more than 6% of the US population. Of this demographic, PTSD affects more than 12% of veterans. While PTSD can happen to anyone, veterans are particularly susceptible to PTSD even if they were not in combat. As a veteran, you can seek treatment through the Veterans Administration, or through a private physician.

Houston VA Disability Attorney

With treatment and time, many veterans with PTSD improve and are better able to handle the symptoms. However, this is not always the case, and some veterans find themselves with worsening symptoms. Aging veterans may face this problem after retirement when their situations change.

If your condition improves, it is possible that the VA may reduce your rating, and your monthly disability payment could decrease. But if you find that PTSD is getting worse, and improvement is unlikely, you can request that your rating be updated.

Changing Your Disability Rating

The VA assigns ratings based on how the disability affects a veteran’s life, health, and ability to function.
The VA could change your rating for PTSD, either up or down, and you’ll be notified when it happens. Your initial rating may have been too low, or your claim didn’t include enough information to justify a higher rating.

The ratings are assigned incrementally from 0% to 100%, based on the severity of the disability. The higher the rating, the more monthly compensation the veteran receives.

However, the VA’s ratings are not set in stone. As a veteran, you may ask the VA to reevaluate your disability rating if you believe the original decision was incorrect. You can also request a rating reevaluation if you are disabled by PTSD, and the condition has increased in severity.

However, if you make a request for re-evaluation within a year of receiving your disability rating, it is not considered a re-rating, but an appeal of the original decision.

Re-evaluation Requests

A veteran has three options for appeals to increase a disability rating. The type of review will depend on your individual circumstances.

• Higher-level review—a veteran can request this review with a senior rating specialist at a VA regional office. The veteran is required to submit VA Form 20-0996. A specialist will review the claim and determine if the original decision was correct or needs an update. The decision generally takes four to five months, but if you disagree, you can request a board appeal for your case for review by a Veteran Law Judge. This appeal must go through the Boards of Veterans Appeals. You could also file a supplemental claim if you have new evidence to submit.

• Supplemental claim—you will need to submit VA Form 20-0995. As the most common form of appeal by veterans, it takes four to five months for a decision. The reviewer decides whether the evidence will support an increase in your disability rating. Should you disagree with the decision, you can file another supplemental claim, or request a higher-level review, or a board appeal.

• Board appeal—if you disagree with either of the above or your initial claim decision, you can also file a notice of disagreement with the VA and request a Board Appeal. You will need to file VA Form101082 to request this appeal. Your case will be decided and reviewed by a Veterans Law Judge at the VA Board of Veterans Appeals in Washington DC.

A supplemental claim is an option if you have had the same disability for more than a year, but believe your current rating is no longer accurate. Filing this type will reopen your claim to request a rating increase. You will need to submit additional medical records that demonstrate your service-connected disability is worsening, you have a new service-related condition, or if you have additional and relevant evidence not previously used in the initial rating decision.

Because veterans’ appeals are complicated, we strongly suggest working with an experienced VA disability attorney to avoid having your appeal denied.

Houston VA Disability Attorney For PTSD

Whether you’re suffering from PTSD or other service-connected disability, we can help you apply, appeal, and make your case to get you the VA disability benefits you worked for.

When you’re ready to start your application, need help with an appeal, call The Herren Law Firm at 713-682-8194 (or use our online contact form) to schedule your free consultation. Our contingency fee basis means you won’t owe a fee until we win your case, and there’s no obligation.

Filed Under: Veterans Disability Tagged With: , ,

What is the VA’s Aid and Attendance Benefits?

December 27, 2021 by

Veterans who need assistance with everyday living may not realize that they can get additional financial support from the VA to cope.  The VA’s Aid and Attendance benefits program may be worth checking out. Wartime veterans who already received a VA pension may qualify. This assistance is not as well-known but is available for veterans who are in a nursing home or are spend all their time at home because of one or more disabling conditions.

What is the VA’s Aid and Attendance Benefits?

Because living assistance may increase a veteran’s expenses, this stipend can help offset the extra cost of that help.

Aid and Attendance Benefits

This is a benefit available to low-income veterans and their spouses who qualify for the VA pension. Whether they need in-home care assistance with everyday tasks like bathing, dressing, eating, etc., or if they live full time in a nursing home, Aid and Attendance can help make it easier to pay for their care.

A VA pension is not the same thing as military retirement pay. The VA pension is for veterans who have a financial need and a discharge that is not classified as dishonorable.

Aid and Attendance is not an automatic benefit. The veteran must apply for it separately.

The VA also has limits on income and assets, including a cap on the net worth at $129,094 for both. The veteran’s home is excluded up to a lot of two acres, even if the veteran resides in a nursing home. Medical expenses can be deducted from that limit. However, qualification is somewhat similar to Medicaid’s requirements. The VA has a three-year “lookback period” that examines whether any assets were gifted or sold below market value to lower the asset limit.

Qualifications

A veteran who served on active duty for at least 90 consecutive days which includes at least one full day during a time of war can be eligible for Aid and Attendance if they also qualify for the basic veterans’ pension and meet the financial and medical requirements. The veteran’s service does not have to include time in a combat zone.

For the veteran who went into active duty on or about September 7th, 1980, they must have at least 24 months of service with at least one day during a time of war, or other hostilities.  A widowed spouse of an eligible veteran may also qualify if they meet the same medical and income requirements and never remarried.

The Wartime Veteran

To qualify for the VA’s aid and attendance benefits, the veteran is required to be a veteran of wartime service. Those dates include:

• World War II—December 7, 1941, through December 31, 1946
• Korean Conflict—June 27, 1950, through January 31, 1955
• Vietnam Era—

o February 28, 1961, through May 7, 1975, for veterans who served in the Republic of Vietnam during the period
o August 5, 1964, through May 7, 1975, for those who did not

• Gulf War—August 2, 1990, through a future end date set by law or Presidential proclamation or law (the VA considers this war to be still in effect)

The veteran must also meet one of the following requirements to qualify for a basic pension:

• Age 65 or older with no little to no income
• Be permanently and totally disabled
• Receive Supplemental Security Insurance (SSI)
• Receive Social Security disability insurance (SSDI)
• Live in a nursing home

Surviving spouses may also be able to apply under the same criteria.

Need Help? Work With A Houston VA Disability Attorney

Call The Herren Law Firm in Houston at 713-682-8194 (or use our online contact form) to schedule your free consultation for VA disability and other benefits. Our contingency fee basis means you won’t owe a fee until we win your case, and there’s no obligation.

Filed Under: Veterans Disability Tagged With: , ,

What Are the Easiest VA Disability Claims?

December 8, 2021 by

It may sound like a contradiction, but there are some VA disability claims that are easier to be approved for than others. That doesn’t mean the process is any faster, but it does mean that some conditions increase your likelihood of approval.

What are Easiest VA Disability Claims

In 2021, there are ten top claims for which the VA awards disability. However, not all may include a 100% rating. As we’ve mentioned before, a compendium of lower-rated conditions can mean a higher rating based on the VA’s complex formula. This may or may not lead to a full 100% disability rating. But the combination of two or more conditions can give you a higher rating than a single condition might receive so filing properly for  VA disability claims is critical.

So what are the easiest claims to get VA disability approval for?

The Top Ten New Claims For Disability

According to the VA’s latest report to Congress, these are the top ten conditions that veterans are receiving when applying for the first time:

1. Tinnitus, with 157,152 new claims
2. Limitation of flexion of the knee, with 99,467 new claims
3. Hearing loss, with 76,102 new claims
4. Lumbosacral or cervical strain, or back and neck strains
5. Limitation of arm motion
6. General scars
7. Limitation of ankle motion
8. PTSD
9. Migraines
10. Paralysis of the sciatic nerve

Before applying you should have an understanding of your condition and what you’re asking for on your claim.

So What Are The Top Five Easiest For 2022?

Veterans have a high chance of approval for:

1. Tinnitus, or “ringing in the ears.” There isn’t a definitive test for it as a blood or audiology test. Veterans are prone to tinnitus if they were subjected to considerable exposure to loud noises such as munitions. Veterans can’t normally wear hearing protection because they can’t hear commands and orders, so they develop hearing problems including tinnitus over the course of their enlistment. Because it’s impossible to disprove tinnitus, if you say you have it, you’re very likely to be approved.

2. Mental Health Issues such as PTSD, anxiety, depression, sexual trauma, and somatic symptom disorders are considered “high-value claims” because they most frequently result in a 30% or higher rating. Four out of ten veterans are rated at 70% or higher due to a disabling mental condition. Like tinnitus, it’s subjective, and there isn’t a definitive test to prove or disprove the claim. NOTE: Many service-related conditions can exacerbate a mental health condition, so consider adding a mental health issue as a secondary condition if needed.

3. Musculoskeletal conditions such as pain and reduced functionality in the neck, back, arms, and legs, arthritis, knee/ankle injuries, sprains, and strains are common complaints among veterans, especially those who served in the infantry. You’ll need to demonstrate recurrent, persistent symptoms. However, most veterans rated for these conditions see 20% ratings, so it’s wise to list it as a secondary condition.

4. Scarring is visible and generally difficult to dispute but must be significant enough for a rating. They are usually mentioned in a service record, and a medical nexus is usually not in doubt. Scarring and scar tissue that affects mobility and reduced movement in the limbs, neck, or back may also qualify as a secondary condition under musculoskeletal.

5. Presumptive Disorders, that the VA presume are service-connected based on the veteran’s service record. For instance, veterans who served in Vietnam between Jan. 9, 1962, and May 7, 1975, and show one or more of a series of conditions are presumed to have been exposed to Agent Orange. Similar criteria exist for veterans of the Gulf War, including those exposed to burn pits, and “atomic veterans.” A medical nexus is not necessary, and it will be easy to get secondary diagnoses approved as well. You’ll need to show your DD-214 to prove that you were deployed to a specific area. Presumptive disorders may be rated from 0% to 100%.

Evidence Is Still Required

The claim that has adequate medical evidence that supports your claim, evidence of a service connection, and a current diagnosis is the one that you will win. This documentation is critical to proving your claim and showing how your condition impacts everyday life.

If you’re already rated for a condition but believe you might be under-rated, you can request to have your condition re-evaluated. This is especially helpful if you have a condition that has worsened over time, such as a musculoskeletal condition.

Need Help? Work With A Houston VA Disability Attorney

We’re not saying that filing one of these claims makes the process easier—far from it. But although these are the easiest claims to be approved for, you’ll still need to go through the complex VA application process. That’s where we can help, as well as with an appeal.

Call The Herren Law Firm in Houston at 713-682-8194 (or use our online contact form) to schedule your free consultation for VA disability and other benefits. Our contingency fee basis means you won’t owe a fee until we win your case, and there’s no obligation.

Filed Under: Veterans Disability Tagged With: , ,

What Are Veteran Disability Ratings?

November 8, 2021 by

After submitting your application to the VA, you’ll receive a letter informing you about whether or not you’ve been approved for certain veteran disability benefits. The letter will also give you a specific rating for your veteran disability, which ties into the type of benefits you’re entitled to receive.

Veteran Disability Rating
This rating applies to the severity of your disability, and how disabled you are. The VA rates your  veteran disability by reviewing all the medical evidence submitted with your claim. If you have more than one disability for which you’re applying, the VA has a combined rating table that determines a total rating from the multiple disabilities. However, that rating will never be more than 100%, and the VA will choose the highest rating available for the conditions.

The Rating System

The VA assigns ratings as a percentage, in increments from 10% to 100%. This veteran disability rating represents the amount of disability and how it impacts a veteran’s everyday life.

The VA’s Schedule Of Rating Disabilities is the rulebook in which medical conditions are individually rated. The conditions are rated according to the body system, such as cardiovascular, respiratory, and digestive, and then individually by severity. The VA bases its rating on

For instance, in the section for Dental and Oral Conditions, the percentages for different conditions are arranged and rated accordingly:

• 9900—Maxilla or mandible, chronic osteomyelitis, osteonecrosis, or osteoradionecrosis of Rate as osteomyelitis, chronic under diagnostic code 5000.
• 9901–Mandible, loss of, complete, between angles, 100
• 9902—Mandible, loss of, including ramus, unilaterally or bilaterally:
• Loss of one-half or more,
• Involving temporomandibular articulation
• Not replaceable by prosthesis, 70
• Replaceable by prosthesis, 50
• Not involving temporomandibular articulation
• Not replaceable by prosthesis, 40
• Replaceable by prosthesis, 30
• Loss of less than one-half,
• Involving temporomandibular articulation
• Not replaceable by prosthesis, 70
• Replaceable by prosthesis, 50
• Not involving temporomandibular articulation
• Not replaceable by prosthesis, 20
• Replaceable by prosthesis, 10

If you have another condition such as diabetes alongside a dental condition, the VA rates diabetes separately and uses the combined table to calculate a total rating.

0% Disability Rating

Note that a 0% rating indicates that you will not receive payments even though the VA recognizes that you have a medical condition.

However, a 0% rating does render you eligible for other benefits, including:

• Free healthcare and prescriptions through the VA, if you meet the income requirements
• Higher priority for eligibility for healthcare
• Travel cost reimbursements related to medical care from a VA medical facility or a VA-authorized healthcare provider
• Automatic 10-point veterans’ preference while applying for employment with the federal government
• The right to apply for life insurance through the Service-Disabled Veterans Insurance Program (S-DVI)
• Admission to commissaries, exchanges, and morale, welfare, and recreation (MWR) retail facilities, online and in-person

However, you can also file an appeal if you believe your disability should be rated higher than 0%.

Qualifying For Veteran Disability Benefits

Veterans who have a physical or mental service-connected disability that makes everyday responsibilities challenging may be eligible for benefits from the VA for that disability. The veteran must meet the criteria set out by the VA:

• A veteran who became injured and/or ill while serving
• A veteran whose injury or illness worsened while serving
• A veteran whose service-connected injury or illness was not obvious until after their separation date

When applying for VA disability benefits, you need to include medical evidence to support your claim, which can include:

• Military personnel records
• Military medical records
• All private medical records related to the condition that is not from the VA
• All VA medical records pertaining to the condition or related VA medical records that the VA can request on your behalf

Working with an experienced VA disability lawyer can make the process easier from start to finish.

Get Help From A Houston VA Disability Attorney

Whether you’re ready to start your application, need help with an appeal, or want to investigate a case review, we’re ready to assist. You do have the right to legal representation whether you’re starting your application, facing a hearing, or dealing with an appeal.
Call The Herren Law Firm in Houston at 713-682-8194 (or use our online contact form) to schedule your free consultation for VA disability and other benefits. Our contingency fee basis means you won’t owe a fee until we win your case, and there’s no obligation.

Filed Under: Veterans Disability Tagged With: , ,

Veterans To Receive Reimbursement for Out-Of-Pocket Expenses

July 22, 2021 by

Veterans who use the VA system for their healthcare are able to get the care they need without expenditures. But if the VA’s emergency care facility isn’t close enough, a trip to a local emergency room may be required.

A visit to an emergency room is just that—an emergency, usually a life-threatening one. Sometimes emergencies occur when a veteran isn’t able to make it to a VA facility. When time is of the essence, it’s important to find the closest available ER, whether or not it’s the VA’s.

Veterans To Receive Reimbursement for Out-Of-Pocket Expenses

Does The VA Cover Other Medical Expenses?

Veterans are told that if they need emergency care from outside the VA, they will be covered. But as veterans and their families have discovered, emergency care from a non-VA facility is quickly followed by bills. If a veteran has other health insurance, such as through their job, that may cover most of the expenses, outside of a deductible. But in many cases, private health insurance doesn’t cover absolutely everything, meaning that the policyholder must pay the balance out of his or her own pocket.

A veteran can file a claim with the VA to reimburse them for the balance, so long as that sum is no deductibles, co-payments, and co-insurance charges. Unfortunately, many veterans have seen their claims denied on that basis, even though that wasn’t the case.

The Deciding Court Case

In September of 2016, Coast Guard veteran Amanda Wolfe went to a local emergency room seeking treatment for an appendix that was ready to burst. Driving to the VA facility would be three hours and not enough time to be treated quickly as needed. With both her VA benefits and self-paid private insurance, Wolfe presumed that she would be covered.

Her expenses for the emergency visit totaled $22,348.25, and her private insurance covered all but $2,558.54. She filed a claim with the VA for the remainder, only to see the claim denied six months later. The reason, the VA said, was that amount fell under their exclusion for deductibles, co-payments, and co-insurance charges. This put Wolfe in financial hardship, and she personally paid off the amount in 2017.

Wolfe vs. Wilkie

In a case filed by Ms. Wolfe, the U.S. Court of Appeals for Veterans Claims (CAVC) found that the VA’s denial from a 2018 reimbursement regulation violates the Emergency Care Fairness Act of 2010 (ECFA). This regulation requires the VA to reimburse veterans for emergency care from a non-VA facility. The case was later certified as a class-action lawsuit on behalf of other veterans who were also denied reimbursements. The CAVC then ordered the VA to begin reimbursing veterans who saw their claims incorrectly denied.

The CAVC found that VA’s 2018 reimbursement regulation violates the Emergency Care Fairness Act of 2010 (ECFA) that requires VA to reimburse veterans for the emergency medical expenses they incur at non-VA facilities that are not covered by the veteran’s private insurance.

On April 6, 2020, the CAVC ordered the VA to begin mailing out “corrective notices” to more than 1 million veterans who were incorrectly notified that their expenses were not reimbursable by the VA. In the Wolfe case, the VA admitted that original notices with misinformation likely discouraged many veterans from submitting claims for reimbursements. The VA began sending out the corrective notices on April 13, 2020, and begin reviewing and re-deciding more than 72,000 denials beginning May 20, 2020.

Five years prior, in Staab v. Shulkin, the organization appealed to the CAVC after another veteran was denied $48,000 in reimbursements after open-heart surgery because he also had Medicare, which partly covered his bills. The CAVC found similar results in that case, and the VA violated the ECFA in its decision.

What This Means For Veterans Now

The VA’s website has a brief fact sheet on “community-based healthcare” for veterans available on its website.

For those who found their out-of-pocket expenses denied after an emergency room visit, it may be time to revisit the claim. You can call the VA to request information on your claim at 1-877-466-7124.

The VA’s Office Of Inspector General found that similar claim denials could add up to as much as $6.5 billion in repayments to veterans who were previously denied. The internal audit from the VA’s Inspector General is available online here.

Get Help From A Houston VA Disability Attorney

If you’ve been denied reimbursement for out-of-pocket expenses by the VA. You do have the right to legal representation when you come face-to-face with the VA’s bureaucracy.

Call The Herren Law Firm in Houston at 713-682-8194 (or use our online contact form) to schedule your free consultation for VA disability and other benefits. Our contingency fee basis means you won’t owe a fee until we win your case, and there’s no obligation.

Filed Under: Veterans Disability Tagged With: , ,

Does Macular Degeneration Qualify Me for Veterans Benefits?

July 1, 2021 by

Vision problems are one of the many reasons people apply for disability. Macular degeneration, or MD, is a leading cause of vision loss for people over the age of 50, and for people in the US. It’s most common in people over 60. It’s also called “age-related macular degeneration,” or AMD.

Does Macular Degeneration Qualify Me for Veterans Benefits?

As a veteran, you may also experience this condition as well as other vision problems. MD can make everyday life difficult, including driving, working, reading, and seeing what’s right in front of you. If you notice that you are having a difficult time seeing things the way you did before, you may be overdue for an eye exam.

What Is Macular Degeneration?

The macula is a part of the retina in the back of the eye, in the center. That means a person with macular degeneration loses their central vision, but not their peripheral. For instance, when you look directly at a clock, you may see the numbers but not the hands.

Most people don’t completely lose their vision, but simply don’t see what’s right in front of them. In other cases, the vision loss is mild.

There are two types of MD:

  • Dry, the most common type, roughly 80% of the cases, where the macula itself thins considerably leading to the growth of tiny clumps of protein, called drusen
  • Wet, less common but more serious type, where new blood vessels begin growing under the retina and leak fluid into the eye.

Smoking, obesity, cardiovascular disease, and other risk factors contribute to MD’s development.

MD comes on slowly, and most people don’t realize they have it until they begin having blurring. There isn’t a “cure” for MD, and dry doesn’t yet have a full treatment. Regular ophthalmologist visits can detect it early and help manage if you do develop MD.

What Does The VA Say?

For many years, the VA didn’t recognize macular degeneration as a disability. Fortunately, that has since changed, allowing veterans with MD to seek treatment and receive benefits.

The VA puts MD into the Schedule of Ratings as “Organs of Special Sense.” They use these three tools as the basis for determining your eye problems and the impact of MD on your sight:

  1. Central acuity, or the ability to distinguish details and shapes at a distance using an eye chart
  2. Visual field, or everything you can see when staring ahead at a fixed point
  3. Muscle dysfunction, or how well the eye moves around to pick up sight

As with any condition you present to the VA, you’ll need to show MD as a service-related condition (primary or secondary), or provide proof from a physician of the connection.

The C&P Exam

The VA will also require you to take a Compensation and Pension exam, or C&P. This exam determines the degree of your disability and the rating for a disability, and determining the service connection.

The VA requires you to undergo an exam by either a licensed optometrist or ophthalmologist. You’ll also need to provide:

  • A current diagnosis for your eye condition
  • Evidence of an in-service event, illness, or injury that’s related to your condition
  • A “nexus letter” from a physician that connects the current eye condition to an in-service event, illness, or injury

All of these show a direct service connection. However, a secondary service connection is also possible. An existing illness or medication is taken for a different service connection may also cause or aggravate MD as a secondary condition. They can include:

  • Strokes
  • Diabetes
  • Lyme disease
  • Rheumatoid arthritis

If you already qualify for healthcare through the VA, you can also obtain these eye exams and diagnoses from the VA as well. This includes testing for conditions like glaucoma.

Macular degeneration is a relatively newly rated condition under the VA’s disability rules. Getting help from an experienced disability attorney can go a long way in making sure your application is done correctly.

Let Herren Law Assist You With The VA For Macular Degeneration

If you’re a veteran with vision issues including macular degeneration, you can apply for and receive VA benefits for this condition. Should the VA either deny or under-rate your condition, it’s time to get help and increase your chances of success.

Call the Herren Law Firm 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 means you won’t have to pay until you start receiving benefits.

 

 

Filed Under: Veterans Disability Tagged With: , ,
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