Can I Get Veteran Disability Benefits For Anxiety Or Depression In Houston?

June 8, 2021 by

At one time, disabled veterans returning home after leaving military service were simply rated for their physical injuries. Mental disorders, including so-called “shell shock,”  were not considered for disability benefits. Fortunately, the VA has begun to recognize mental disorders like anxiety and depression and awarding veteran disability benefits to those who need them.

Can I Get Veterans Disability Benefits For Anxiety Or Depression In Houston?

Like civilians, veterans can find themselves with anxiety, depression, or both. The actual rate of these illnesses for veterans is two to three times higher than the rest of the population. Because veterans can be particularly susceptible, especially those who have experienced combat, the VA does award disability based on your level of disability and a service connection.

Mood Disorders

The VA uses the term “mood disorders” to classify anxiety, depression, and other mental disorders. Anxiety and depression are common, as is PTSD, sleep problems, compulsive behavior, sadness, apathy, and others.

These are two different disorders but frequently occur together. Anxiety is usually identified by feelings of dread, uneasiness, or fear that leads to physical stress. Depression is generally “feeling blue” along with sadness, hopelessness, apathy, and other long-term feelings, including thoughts of suicide. Left unchecked, the symptoms can become long-term, and do not resolve over time, requiring medical intervention.

Establishing The Service Connection

As with any medical condition, the VA requires proof and medical evidence. This requires a number of steps that clearly indicate your condition. Unlike a physical condition or injury, anxiety and/or depression require a somewhat higher standard of proof, as well as a service connection.

The mood disorder may be a direct connection or a secondary one.

  • A direct service connection is one that developed during your military service after your military health screening showed no evidence of psychiatric issues, and no evidence of any issues prior to service
  • A secondary service connection shows that the anxiety or depression occurred after a physical injury that is associated with chronic pain, or traumatic brain injury (TBI) that leads to additional physical and mental issues.

Mental and physical illness can also be connected. Depression and anxiety can also lead to symptoms such as rapid heartbeat, dizziness, sleep disorders, as well as and aches, and pains without an obvious cause. You may have considered or filed a claim for the physical symptoms, which could lead to a secondary claim for anxiety or depression.

Medical records are essential, including military and civilian, as well as current treatment records from either a VA or a private provider. A “nexus letter” from your physician is helpful in firmly establishing a connection between your military service and anxiety or depression.

Rating Schedule

The VA rates veterans for anxiety or depression depending on the degree of disability they are experiencing, as well as the level of impairment.

  • 0%–this indicates a mild case that isn’t disabling and probably won’t require medication, so it’s considered a “non-compensable rating.”
  • 10%–the veteran’s condition is easily managed with medication and doesn’t lead to major disability. This rating includes a small disability payment.
  • 30%–the veteran is still able to maintain employment as well as relationships with others, but may occasionally miss work due to self-isolation. Compensation is higher for this rating.
  • 50%–this indicates a higher level of impairment or an increase in it. The veteran may be experiencing difficulty in following instructions at work, completing tasks, making decisions that aren’t in line with previous ones, or symptoms that manifest in physical ways, such as a monotone voice. Compensation increases for the 50% rating.
  • 70%–this rating indicates that the veteran’s symptoms have increased exponentially, and he or she may have difficulty keeping a job or completing classes, leading to an increase of compensation for this rating.
  • 100%–for a veteran to receive this rating, he or she must be completely disabled and impaired with an inability to function. There is a marked decline in the veteran’s emotional and cognitive functioning, and the veteran is unable to work because of it. A veteran may be so anxious or so depressed that he or she is unable to get out of bed, take a shower, or otherwise take care of themselves.

A veteran who has more than one disability will not receive separate checks for each. Rather, the VA uses a complicated system to determine an overall rating that’s inclusive of both physical and mental illness. That is, if you’re rated for a back injury as well as depression, there will be a total rating that encompasses all of the disabling conditions, with a total dollar amount every month.

For Veterans Who Need Help Now

If you’re a veteran, or you know one who is in need of help, The Veterans Crisis Line is available 24/7. You can send a text to 838255, open an anonymous chat here, or call 1-800-273-8255, then press 1, all free. You’ll communicate with a trained crisis responder who can help connect you with counseling services across the US, as well as suicide prevention centers (SPC) in VA centers around the country.

We’re Here To Help

You can apply online for VA benefits, or by visiting your local VA office. Help is also available.

If you’ve been denied disability benefits, or don’t know where to start, 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: , ,

Can You Receive Both CRDP And VA Disability In Houston, TX?

April 6, 2021 by

Concurrent Retirement Disability Pay, or CRDP, is a specific type of payment for military retirees with a 50% or greater rating from the VA. It concurrently supplements the VA disability payments that a veteran may receive. Generally, veterans can’t receive benefits from both the VA and from the DoD in the form of military retirement pay. However, the CRDP changes that.

Can You Receive Both CRDP And VA Disability In Houston, TX?

The good news is that yes, you can receive both if you’re qualified. But there are a few things you need to know before you ask about receiving CRDP.

What It Is

This law was passed in 2004 to give military veterans both their VA disability benefits and their military disability through the DoD.

CRDP is a benefit that allows veterans who qualify to receive monthly benefit payments from both the DoD and the VA. It is a “phase-in” of benefits that gradually restores a retiree’s disability offset from the VA.

CRDP became fully implemented in January of 2014,

Are You Qualified For CRDP?

Veterans who are rated 50% or higher disabled qualify, if they are eligible for retirement pay. If you would be eligible for retirement if you were not disabled and receiving disability pay, you may be eligible. However, you must also meet one of these additional qualifications:

  • Be a reserve retiree with 30 years of qualifying service, have a disability rating of 50% or higher, and at retirement age.
    • The retirement age for reservists is generally 60 years of age, but some reserve retirees may reach eligibility prior to 60. Members of the Ready Reserve can have their retirement ages lowered below age 60 by 3 months for every 90 days of service during a fiscal year.
  • Retired under the Temporary Early Retirement Act (TERA) along with a VA disability rating of 50% or higher.
  • Be a disability retiree who earned your entitlement to the retired pay under another provision of law aside from only disability with a VA disability rating of 50% or higher. Your CRDP eligibility may occur at the time you would have otherwise become eligible for retirement pay.

If you are qualified, you should automatically receive monthly payments. The Defense And Finance Accounting Service conducts regular audits of accounts to ensure correct payments. If you were not previously being paid at your correct rate, it is possible that you could receive a retroactive payment from the DoD, based on:

  • Your date of retirement
  • The date at which you first became disabled at 50%

You are also eligible to receive both your VA disability compensation and your retired pay if you are a military retiree who meets all of the above requirements in addition to:

  • Rated by the VA as unemployable, also known as Individual Unemployability (IU)
  • Receiving VA disability compensation as a result of IU

The DFAS also forwards its audit findings to the VA so that they may conduct their own assessments.

Additional information is available on the DFAS website.

CRDP Caveat

Getting CRDP means you are compensated for retirement pay that you didn’t receive before. This means that it can also be subjected to a collection for things such as:

  • Any government debt
  • Alimony
  • Community property
  • Child support

Unlike the VA disability, you will be required to pay taxes on anything you receive as CRDP. These payments stop when a retiree passes away.

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: , ,

The Four Symptoms Associated with PSTD

March 23, 2021 by

PSTD is a condition well-known to service members as well as civilians who have either been involved with or witnessed a frightening event. Many people who have been through trauma have difficulty with coping and adjusting but can heal with self-care, reaching out for help and time.

The Four Types Of Symptoms Associated with PSTD

But for those who have more trouble coping and healing from a traumatic event are experiencing PTSD, or Post-Traumatic Stress Disorder.

Any kind of sudden, unexpected shock can bring on PTSD in anyone. However, veterans, especially combat veterans, can be particularly susceptible to PTSD. Risk factors that increase the possibility of PTSD include:

  • Childhood trauma
  • Little or no social support following the event
  • A personal and/or family history of mental illness and/or substance abuse
  • Additional stress following the event, such as the loss of a job, a home, a loved one, or other pain and/or injury

The Symptoms

PTSD is characterized by four distinct symptoms:

  1. At least one re-experience symptom. An individual with PTSD can be “triggered” by a number of external factors, including:
    1. “Flashbacks,” frequently accompanied by physical symptoms such as heavy breathing, heart racing, and/or sweating
    2. Other physical signs of stress
    3. Upsetting or tormenting thoughts
    4. Dreams or memories related to the trauma that recur
  1. One or more avoidance symptoms. Exactly what it sounds like, avoidance can take the form of staying away from people, places, and things that remind the sufferer of the flashpoint event. For instance, a person who has experienced a bad car accident may stay away from cars altogether. A traumatic event at work may lead to someone quitting their job or staying away from their office. Avoidance can also be the avoidance of thoughts surrounding the events.
  1. Two or more arousal or reactivity symptoms. These symptoms can cause sleep or concentration disruptions, anger and/or stress, or eating disorders. They include:
  1. A person startles easily
  2. Difficulty sleeping or staying asleep
  3. Difficulty with concentration
  4. Irritability, including angry and/or aggressive outbursts
  5. Feelings of tension or being “on edge”
  6. A person engages in reckless, destructive, and/or risky behaviors
  1. Two or more mood and cognition symptoms. These can begin or increase after the event and can lead to social isolation from friends and family members. They include:
  1. Continuing negative emotions such as fear, guilt, shame, and/or anger
  2. Difficulty remembering everything about the trauma
  3. Negativity towards themselves or the rest of the world
  4. Losing interest in formerly favorite activities
  5. Misleading thinking about the event that includes blame
  6. Social isolation
  7. Happiness, satisfaction, and other positive emotions are difficult

Children over the age of six may also re-enact their trauma while playing, or have frightening dreams that may or may not involve the trauma.

Why Do Some People Get PTSD And Others Don’t?

There are a number of factors as to why some people develop PTSD and others don’t after a traumatic event:

  • Getting help and support from family, friends, and/or support groups
  • Resolving feelings regarding their actions in response to the trauma
  • Having and using a coping strategy to get through and learn from the event
  • Having the ability to respond and be prepared to scary events as they happen despite the fear involved

Individuals who do develop PTSD and experience the crippling effects should work to find the help they need to recover so they can live better, without the effects. Those with little or no social support may be able to find help through their primary care physician or local mental health association.

Help is available for those who need it:

Houston VA Disability Attorney For PTSD

Whether you’re suffering from PTSD or something else that’s service-related, we can help you apply, appeal, and make your case to get you the benefits you deserve.

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: , ,

Texas VA Benefits Available for Dependents of Veterans

February 25, 2021 by

We told you last year about the benefits for veterans in Texas. But if you’re a veteran’s dependent, there are also available benefits available to you. Like veterans benefits, you may not realize that they are available, and how to qualify.

Texas VA Benefits Available for Dependents of Veterans

Benefits are available for dependents of veterans or surviving family members of deceased veterans. They are eligible through the veteran, not by themselves. Eligible family members are:

  • Spouse
  • Surviving Spouse
  • Child/children
  • Surviving child/children
  • Surviving parent(s)

A spouse must have a valid marriage with the veteran, including a “common law marriage,” which is a legal and valid marriage in Texas. The veteran may be required to provide a written statement attesting to the validity of the marriage. In some cases, a former spouse who has not remarried may also be eligible for benefits.

Children can be in or out of marriage, adopted, or a stepchild of the veteran, and under the age of 18. If they are over 18, they must be permanently disabled prior to 18. However, if a child under 18 joins the military or gets married, he or she will no longer be eligible for any benefits.

Property Exemptions

As we mentioned previously, veterans with a 100% rating can receive a waiver of all property taxes. Surviving spouses and children of veterans can receive a $5,000 property tax exemption, but you must apply for it.

There may be other tax breaks available, so it’s best to check with a qualified tax professional to find out what’s available in your area.

Education

The Hazelwood Act provides educational benefits for Texas veterans and their dependents. The act provides up to 150 hours of tuition exemption but doesn’t cover books, supply fees or living expenses. Under the Legacy Act, veterans can assign any unused hours of exemption to a qualified dependent child.

Spouses and children of veterans who:

  • Died in the line of duty
  • Died as a result of injuries or illness sustained through military service
  • Are missing in action
  • Became 100% disabled (for the purposes of employment) as a result of injuries from military service

Are also eligible for credit exemptions of 150 hours for higher education. There are specific qualifications for the Hazelwood Act, including a residency in Texas.

Two other scholarships are available for Texas veteran dependents:

  • The Marine Gunnery Sergeant John David Fry Scholarship (Fry Scholarship)
  • The Survivors’ and Dependents’ Educational Assistance (DEA) Program

Beneficiaries must choose between these two. Once selected, it can’t be changed.

“Death Pension”

Surviving spouses and unmarried children of deceased veterans with wartime service may qualify for the VA’s death pension. This can help bring an eligible person or family’s income up to a level designated by law.

The spouse must not be remarried, and have children under 18, or under 23 if they are attending a VA approved school. The spouse may also qualify if the child became permanently unable to take care of themselves before the age of 18.

The veteran must have qualifying service as well as a discharge that’s other than dishonorable.

Should the surviving spouse be living in a nursing home, is permanently housebound, or need the assistance of another person, he or she may be entitled to a higher payment amount.

Burial Benefits

Veteran’s families may be eligible for burial benefits, including:

  • Burial expenses (reimbursement)
  • Military funeral honors
  • Headstones and markers from the VA
  • Burial flags
  • Internment in the VA’s national cemeteries or other cemeteries for veterans.

You can learn more about these available benefits by contacting the Texas Veteran Commission at: (877) 898-3833, or by email at education@tvc.texas.gov. TVC also publishes a guide to Texas veteran’s benefits that’s available online.

Additional information is available from TexVet.org.

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, don’t face the VA alone. You do have the right to legal representation whether it’s a new application, a hearing, or filing 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 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: , ,

Important Facts about the Toxic Exposure and American Military Act of 2020 (TEAM Act)

November 19, 2020 by

Military veterans have long had to deal with illnesses and injuries as a result of their military service. From soreness and rashes to the most serious illnesses, veterans have long had difficulty in getting help and benefits from the VA to help them.

Important facts about the Toxic Exposure and American Military Act of 2020 (TEAM Act)

Most recently, veterans from Iraq and Afghanistan have had difficulty after toxic exposure to burn pits in those countries. They were used to burn all manner of trash, including medical and human waste, Styrofoam from food service, batteries, un-serviceable clothing, computer equipment, and jet engines. The open pits burned continuously near living quarters. Many service members breathed these toxic substances daily, leading to chronic respiratory and other illnesses, including rare cancers.

For veterans dealing with these illnesses—and the rejection that comes with it—there may be some help coming from Congress.

The TEAM Act Of 2020

The TEAM Act of 2020 Toxic Exposure in the American Military Act of 2020 was introduced on 10/2/2020 by Sen. Thom Tillis, R-N.C.

The bill currently has five sponsors:

  • Representative Gus Bilirakis, R-FL
  • Representative David Roe, R-TN
  • Representative Brad Wenstrup, R-OH
  • Representative Mike Bost, R-IL
  • Representative Brian Mast, R-FL

Tillis, whose home state of North Carolina has a considerable number of military bases and veterans, said in a statement:

“After working alongside veterans who were stationed Camp Lejeune and fighting for service members exposed to toxicants from burn pits in Afghanistan and Iraq, it’s clear the men and women who served our country deserve better. The bipartisan TEAM Act ensures that all veterans are given a fair and uniform process to receive the health care and benefits to which they are entitled following exposure to toxicants during their service.”

Improvements

The TEAM Act would require the VA to draft and create a specialized questionnaire for primary care appointments that would help them determine if a veteran experienced service-connected toxic exposure. It would also expand training for VA employees on the issue of toxic exposures during military service.

The VA would also be required to respond to updated scientific findings related to illnesses that develop from toxic exposures in the veteran population. Additionally, the VA would also be required to establish a commission to research these effects on veterans and follow up with reports to the VA and Congress.

The VA would also be required to enter into agreements with the National Academies of Sciences, Engineering, and Medicine in order to conduct further research into toxic exposures.

The TEAM Act also requires an online portal for veterans to access their Longitudinal Exposure Record. This would help veterans understand the risks of exposure. Currently, they can only access this through a request through the Freedom of Information Act. Currently, an estimated 25% of veterans who are post-911 are eligible for or choose to use the VA for their healthcare. The bill is also intended to address that population.

Burn Pit Resources

Veterans who have found themselves exposed to toxic exposures from burn pits currently face an uphill battle. However, they are not without support.

BurnPits360 is a nonprofit advocacy group created in response to the VA’s inadequate response to veterans who face multiple illnesses due to burning pits in Afghanistan and Iraq. The crux of this group is an independent and voluntary registry of veterans who have died from toxic exposure.

Survivors of these veterans can record their names in the registry. Veterans who have suffered from denial of care can also register. The data collected from the registry is shared with medical institutions and independent researchers to investigate and track illnesses, recoveries, and deaths.

BurnPits360 also has a page for support and resources as well as tools for taking action.

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, don’t try to face the VA alone. 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 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: , ,

How To Handle A VA Claim Denials In Houston, TX

August 14, 2020 by

You’ve filled out all the paperwork, sent all the requested information, and even did another physical exam (or two or more.) But the VA still denied your claim for benefits. Now, what do you do?

How To Handle A VA Claim Denials In Houston, TX

The first thing you must do is not give up. The second thing you must do is file an appeal.

Why They Said “No”

Start by figuring out why your claim was denied. Did they need more information? There may be any number of reasons, and the letter you receive will detail the denial.

The VA commonly denies veteran benefits claims for:

  • A lack of clear medical diagnosis for the condition or disability being claimed
  • No clear “nexus” or connection between your condition and your military service
  • No evidence (or enough) of disability symptoms

While there may not be enough evidence in your service record to justify a service connection, you will need to show that you currently have a medical diagnosis. This can be either from a VA medical provider or through a private medical provider, such as a primary care physician. Add this information to your appeal.

To be eligible for VA disability benefits, you must demonstrate that the symptoms you have today were caused or aggravated by your military service. Without this “nexus,” there is no reason to believe your condition is service-related, so it’s up to you to show that it clearly is.

Frequently, veterans discover that they have no medical evidence in their military service record to back up claims of a disabling condition. It may be more difficult to show years after your discharge, but it’s not impossible. Any medical evidence you submit must be recent enough to demonstrate your claim of disability.

You must also show that you are currently experiencing symptoms that affect your everyday activities, including your ability to work. The VA awards compensation for disabilities that impact and impair everyday life, including work and social functioning. The degree of disability determines your rating, that is, how severe your symptoms are from the disability.

Provide additional support your claim for symptoms:

  • Draft a VA Lay Statement—a personal statement that describes your current condition and why you believe it is directly service-connected.
  • Request that someone draft a “Buddy Letter” to describe your symptoms and how they impact your life. This would be someone over the age of 18 who has first-hand knowledge of your injuries, such as a family member, spouse, fellow veteran, or anyone who can corroborate your claim. This is also considered “lay evidence.”
  • Obtain a Disability Benefits Questionnaire from your primary care physician or other healthcare providers
  • Add any additional evidence from the VA as well as any private healthcare provider detailing symptoms

Time Limit For Appeal

To appeal a negative decision, you’ll need to use VA Form 21-0958, called the Notice of Disagreement (NOD). You’ll have one year from the date of the letter (not the date you received it.) If you miss this deadline, you may have to file a new claim.

It’s important to note that the NOD is simply to inform the VA that you disagree, and you intend to appeal their decision. In the NOD, you’ll include:

  • A letter with the words “notice of disagreement” at the top of Form 21-4138 or in your letter
  • The date of the denial letter and the decision of your ratings
  • The statement that you disagree with the denial letter and the entire decision of ratings
  • The statement that you intend to appeal the VA’s decision

The NOD is simply to preserve your appeal rights, and the right to appeal to all of them. Avoid detailing the specific reasons for appeal, or you may limit your ability to appeal something later. Save the specifics for the DRO (Decision Review Officer) or BVA (Board Of Veterans Appeals) meetings.

Get Help With Your VA Appeals

Appealing a VA claim denial can be frustrating and time-consuming. Without an understanding of how the VA works, you may be at a disadvantage. VSOs are not attorneys and may not be able to give you the help you need.

We’ve been helping veterans win the appeals process for more than 30 years. 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: , ,

2020 VA Disability Rates

June 24, 2020 by

The VA has increased the disability rates for veterans in 2020, but not by a considerable amount. The 1.6% increase is smaller than the one given in 2019 of 2.8%. The rate is a cost-of-living adjustment (COLA), and designed to keep up with inflation. The new disability rates went into effect on December 1, 2019.

2020 VA Disability Rates

The VA is required to keep up with and match the COLA adjustments that are made to Social Security benefits.

From 10% to 20%

Veterans at these ratings will receive:

  • At 10% disability, $142.29
  • At 20% disability, $281.27

Veterans with these ratings don’t receive additional compensation for children, parents, or a spouse who receives aid and assistance.

Veterans In Other Rating Brackets

The rest of the VA’s new disability payment schedule is available on their website.

For veterans over 30%, disability payments are calculated according to:

  • Status
  • Dependents, including:
    • Spouse
    • Children
    • Parents
  • More than one child under 18 or in a qualifying school program if over 18
  • A spouse who receives benefits for Aid & Assistance for daily activities, or “housebound” benefits

How Much Will I Receive?

The VA’s website offers a complete breakdown of the updated rates.

Determine your individual payment by starting with the basic rate for your status and rating, i.e., a veteran with no spouse or children. For instance, if you’re rated at 50%, without any qualifying dependents, i.e., spouse or children, your basic monthly payment is $893.43. Scroll down to the table with dependents, and a veteran with a spouse and 1 child that amount increases to $1,043.43 monthly. For a veteran with a child, a spouse, and two parents, the amount increases to $1,181.43.

Qualifying dependents include:

  • Minors, children under 18
  • Children who are still in school and between age 18 and 23
  • A Spouse
  • Parents who are also dependents

Once you’ve found the amount for your current living situation, you’ll be able to add up the amounts that you should receive and have an idea of what you’ll receive in monthly benefits.

Remember that your VA disability benefits are always tax-free.

What If I’m Under-Rated?

It’s possible that you are. If your condition has worsened, or you believe weren’t taken seriously the first time you were given a rating, maybe it’s time to consider requesting a review of your case. With the right documentation, you may be able to have your rating raised favorably.

If you are under-rated, it means you could be missing out on thousands of dollars in benefits that you’ve earned and are entitled to receive.

If you’re interested in a re-rating, seek assistance from a disability lawyer who understands the VA’s processes who will let you know what your chances are of an increase.

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, don’t try to face the VA alone. 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 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: , ,

How Do You Prove Your PTSD Is Service Related In Houston?

June 8, 2020 by

The VA recognizes that PTSD is an issue that many veterans face but maybe too afraid to discuss or seek treatment for. Unfortunately, the VA doesn’t make it easy for veterans.

How Do You Prove Your PTSD Is Service Related In Houston?

PTSD is one of the most common VA disability claims, but it’s the one with the least amount of treatment. Some veterans seek out treatment outside of the military to avoid discharge or other retribution, but many don’t seek any treatment. About 50% of veterans with PTSD actually seek treatment, and of those, about 50% receive adequate treatment.

PTSD And The Service Connection

One of the biggest hurdles is actually proving to the VA that the condition is a direct result of your military service. Since it’s not visible like a physical injury, it’s more difficult to quantify. So it’s up to you as a veteran to prove to the VA that your PTSD is positively service-connected.

The first step is to have a current medical diagnosis of PTSD from a competent expert who is qualified to offer a diagnosis. This must be a psychologist or other physician who has doctorate level training in diagnostic methods, psychopathology, and clinical interview methods along with a working knowledge of the DSM-V. Many veterans may seek help from licensed counselors and social workers, but the VA won’t accept a diagnosis from these providers.

Second, credible supporting evidence is required to show that the stressor (the event that triggered PTSD) actually occurred. This can take the form of service records (including service medical records), buddy statements from individuals who were present at the time of the stressor event, and records from programs where help may have been rendered, such as a veterans service group. A disability lawyer experienced in VA claims can make suggestions of additional forms of evidence to submit.

The third requirement is documented medical evidence of a nexus between the in-service stressor and current symptoms. This can be a statement from your treating physician along with supporting documentation.

Presumptive Service Connection

For veterans who were in specific circumstances and later file a claim, the VA is required to presume a service relationship for PTSD. In other words, if a veteran had certain experiences that could be considered a stressor, the VA presumes that there is a service connection. This can include:

  • Exposure to combat—if the stressor is obviously from the veteran’s time in combat, it’s presumed to be service-connected
  • Prisoner of war—generally, a lay statement is enough to prove the in-service stressor, and the VA will presume a service connection.
  • Military sexual trauma (MST)—because MST is under-reported in the military, the VA has a lower threshold for proof and corroboration. Acceptable evidence includes pregnancy and/or pregnancy testing, STD testing and/or diagnosis, mental health treatment, and rape crisis center reports. Other evidence can be submitted, such as requests for transfers and behavioral reports.
  • Fear of terrorist or military activity—while a lay statement can be helpful to describe the circumstances surrounding the veteran’s fears, a diagnosis from a qualified healthcare professional will also be required to substantiate the claim that the PTSD is the result of this fear.

In these cases, a medical nexus isn’t necessary to prove a service connection to PTSD.

Houston VA Disability Attorney For PTSD

This is just a brief overview of proving PTSD to the VA. Whether you’re suffering from PTSD or something else that’s service-related, we can help you apply, appeal, and make your case to get you the benefits you deserve.

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 Types Of Veterans Disability Benefits Are Available In Texas?

May 6, 2020 by

What Types Of Veterans Disability Benefits Are Available In Texas?

Disabled veterans living in The Lone Star State are eligible for a number of benefits. Unfortunately, they may realize that these benefits are available, so they don’t know to apply for them.

Fee Exempt Drivers Licenses

If you’re a disabled Texas veteran, you can apply for a fee-exempt license or state ID card if you’ve served in any branch of the US Armed Forces. The requirements:

  1. Have an honorable discharge
  2. A 60% or greater disability rating
  3. Received disability-related compensation
  4. Must not be subject to registration requirements for sex offenders

You’ll need to verify your disability in one of two ways:

  1. With a signed letter from the Veterans Administration
  2. Other official documents that certify the first three requirements above.

If you don’t have a letter from the VA, you will need verification from the branch of the military you served with.

The fee exemption does not apply to CDLs (commercial drivers’ licenses.)

Property Exemptions

If you are disabled at 10% or higher, you are eligible for a property tax exemption based on the appraised value of your property. The exemption is available for veterans, their surviving spouse, and/or a surviving spouse and minor children of a service member who dies on active duty.

Veterans rated at 100% receive a waiver of all property taxes. Surviving spouses and children can receive a $5,000 property tax exemption.

You can apply for this exemption by contacting your local County Appraisal Office for the proper form to fill out and submit. (Harris County’s Appraisal District website is here, and the form for exemptions is here.) A letter from the VA is required to apply (contact them at 800-827-1000 to get one.) Additional information is available here.

Home Loans For Texas Veterans

The Texas Veterans Land Board offers a number of services for veterans, including loans that are considered “below market” interest rates for disabled Texas veterans who are rated 30% or higher for home, land and home improvement loans. Texas State Veteran long-term care facility homes are also available and offer conventional and alternative therapies for resident veterans.

Free State Park Admission

The State Parklands Passport provides free entry to any veteran disabled at a rating of 60% or higher, or a lower-body amputation that is service-related (such as the loss of a leg) and receiving benefits. You’ll need to show documentation of your disability and rating available from the VA, but you do not have to be a resident of the State of Texas to qualify.

Free Fishing & Hunting Licenses

Similar to the State Parklands Passport, the “Super Combo” Hunting and All-Water Fishing Package is available free to disabled veterans as well as active-duty military whose home residence is in Texas. A Federal Duck Stamp is required for waterfowl hunting but is not included, which costs $25.

Additional Resources For Veterans

The Texas Veteran Commission is a statewide collaborative veteran advocate organization. Their online portal connects service members, veterans, and their families to needed resources. The TVC website has a range of information about services for veterans statewide, including claims assistance, education, employment, entrepreneurship, grants, mental health, healthcare advocacy, and resources specific to women veterans. TVC also has a free app available for download for both iOS and Android to make accessing services and information more accessible. Visit their Facebook page here.

TexVet is a joint project from the Texas Health & Human Services and Texas A&M University Health Science Center. This website is a clearinghouse of veteran-relevant information to veterans and their families not available anywhere else. The site is regularly updated and audited yearly. It has resources for things such as physical and mental health, higher education (for both the veteran and his or her family), and an event calendar with activities statewide. The site also has a section for active duty and transitioning service members with a list of services available.

More Benefits Available For Veterans

Because the Lone Star State will soon have the highest number of veterans in the nation, Texas offers even more benefits for service members as well as veterans. Whether for yourself or someone else, it’s worth it to do a simple online search and find them.

Many businesses offer discounts to military and veterans as well, so it’s worth a few minutes of clicking around to locate these thank-you discounts.

For instance, O’Reilly Auto Parts offers an in-store 10% discount for military and veterans on most items. Some items may have an even more significant discount, so it pays to ask.

Are you interested in upgrading your iPhone? Apple also offers discounts to military and veterans.

Other discounts like these are easy to locate with a quick search.

VA Disability Help For Houston Veterans

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, or use our online contact form. 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.

Filed Under: Veterans Disability Tagged With: , ,

Can I Work In Houston, TX If I Have A 100% Military Disability Rating?

April 22, 2020 by

Can I Work In Houston, TX If I Have A 100% Military Disability Rating?

The short answer is: maybe.

There are two ways a veteran may be rated for disability:

  1. Individual Unemployability, also called TDIU (Total Disability/Individual Unemployability), primarily for veterans with conditions that prevent them from working, but don’t qualify for a 100% rating.
  2. Schedular, from the VA’s Schedule of Ratings, from 0% to 100% in 10% increments, which rates a veteran’s ability to return to work.

Both ratings depend on the severity of the veteran’s disability condition and how the condition affects their earning capacity.

TDIU is generally for veterans who are unable to find and keep substantially gainful employment as a result of their service-connected disability condition. That is, the veteran’s annual income meets or exceeds the federal poverty level for a single individual, and a 100% rating is based on the veteran’s inability to work, and is P&T (permanent & total, and not expected to improve.)

In some circumstances, a veteran may be able to still work and receive this benefit. If a veteran is able to have “marginal employment,” where the income does not exceed the poverty level, they can still qualify for TDIU at the 100% level. This can include “protected employment,” But because the VA believes that the veteran is disabled and cannot work, a veteran is not permitted to engage in “substantial gainful employment,” which would bring the income above the poverty level. At this point, the veteran is not eligible for the 100% rating and the VA will reconsider.

Veterans who are rated as 100% Schedular through the VA’s Schedule of Ratings (also called the VA Impairment Rating Tables) are allowed to work at whatever income level they choose.

Qualifying Service-Connected Conditions For 100%

You can qualify with either a physical or a mental condition, or both, or a combination of two or more conditions, such as:

  • Arthritis
  • Asbestosis
  • Asthma
  • Back & Neck Pain
  • Bronchitis
  • Cancer
  • Chronic Fatigue Syndrome
  • COPD
  • Diabetes
  • Fibromyalgia
  • Head Injury
  • Heart Disease/Hypertension
  • Joint Disorders
  • Knee Pain & Injuries
  • Mesothelioma
  • Migraines
  • Military Sexual Trauma (MST)
  • Rheumatoid Arthritis
  • Sleep Apnea and other disorders
  • Spinal Fusion and other disorders
  • Traumatic Brain Injuries

This is just a shortlist of the conditions that may qualify for a 100% rating under the VA’s Schedule of Ratings. You can see more on the VA’s website at the link above.

Claim Denied? Appeal

If your claim was denied, start the appeals process—immediately. Most veterans are denied on the first try, so don’t give up. Filing an appeal is more complicated, and you’ll have a short time in which to file. When you receive your denial letter, begin gathering up all of your medical records, military, VA and private, and speak with a VA disability and appeals attorney. Use your free consultation to learn more about your rights as a veteran, and discuss the next steps in your case.

Working with a Veterans Service Officer may have worked so far, but if you’ve hit an obstacle, he or she may not have the extensive experience that an experienced VA disability attorney has. A lawyer or law firm who focuses on disability claims has a better understanding of how the VA works, and doesn’t. Furthermore, a law firm that specializes in VA disability work has more resources and staff to represent a veteran favorably, rather than relying on a VA physician examination which may not favor the veteran.

We’re Here To Help

If the VA denied your 100% rating, or they’ve revised your current rating, consider discussing your case with a lawyer who understands VA disability benefits.

The Herren Law Firm has helped over 4,000 Houstonians get the veteran’s benefits they deserve, and we’ll be happy to help you get yours. Call us at (713) 682-8194 or (800) 529-7707 or use our online contact form for a free consultation. You can ask questions, and we can discuss your legal options. We offer a contingency fee arrangement, and you won’t owe us anything unless we win your case.

 

Filed Under: Veterans Disability Tagged With: , ,
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