What Is VA “Special Monthly Compensation” And How Do You Qualify?

April 2, 2020 by

What Is VA "Special Monthly Compensation" And How Do You Qualify?

Even if you’re receiving VA disability payments, you may be eligible for additional tax-free benefits called Special Monthly Compensation, or SMC. This is in addition to regular VA disability compensation, and is made available to veterans with specific service-connected conditions such as the loss of extremities or specific organs. You may also be eligible for SMC for a combination of disabilities.

The reasoning for SMC is that some conditions or a combination of them are more disabling than just one. If you’re afflicted with multiple conditions, the VA will pay a higher rate.

SMC Conditions

Some of the disabilities that the VA will consider for special monthly compensation include:

  • Loss of a hand or foot, or loss of use
  • Loss of sight in an eye, with only light perception
  • Deafness in both ears with a lack of air/bone conduction
  • Loss of a reproductive organ, or loss of use
  • Loss of both buttocks (complete), or loss of use
  • Loss of verbal communication through complete organic aphonia (physical loss of voice, which is different from catatonia)
  • Partial or complete loss of tissue from one breast or a complete loss of both breasts attributed to radiation treatment or a mastectomy

Combinations of disabilities that are eligible for SMC can include:

  • Loss of multiple extremities, such as loss of feet, hands, arms, or legs, depending on the combination of losses
  • Bilateral blindness combined with severe hearing loss
  • Being housebound and requiring the assistance of someone else on a daily basis; the amount varies on the degree of assistance needed
  • Paraplegia that includes loss of control
  • Other service-connected conditions combined with these disabilities that can lead to higher benefit payments

Levels Of Disability

The VA divides these conditions into levels, which they decide using the above combination criteria.

  • Levels L through O covers specific conditions and disabilities
  • Level R is assigned if you need help from another person for daily activities such as eating, dressing and bathing
  • Level S applies if you are housebound as a result of service-connected conditions

The VA may consider other specific combinations of disabilities when deciding on an award for SMC. You can also see the VA’s currently available rate table for SMC as of 12/1/2019.

Applying For SMC

You may not realize that you qualify for this benefit unless someone told you about it. And you should also be issued SMC automatically if you qualify. If you believe you qualify for SMC but have not been awarded anything, contact the VA.

You can apply at the closest regional benefit office, or call the VA at 800-827-1000. You can also contact a disability law attorney who works with veterans to help them work with the VA and understands the process.

Be forewarned that the VA will still need to review all available medical evidence as they do for any claim prior to awarding SMC benefits.

Helping Houston Veterans With Special Monthly Compensation

Do you believe you may be eligible for SMC but don’t know how to find out?

William Herren is a disability attorney who has helped more than 4,000 Houstonians get the benefits they deserve, including veterans. We understand the VA system and can work on your behalf to make the applications and appeals process a lot easier. 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 won’t owe a fee until we win your case.

Filed Under: Veterans Disability Tagged With: , ,

What Is VA Disability Back Pay And How Do I Qualify In Houston, TX?

February 17, 2020 by

In the course of applying for VA disability benefits, the issue of “back pay” may be part of the discussion. Maybe you know someone who received it, or you may discuss it with a VSO or disability attorney. Receiving back pay—and how much you receive—will depend on the date of your application, and when you begin receiving benefits.

What Is VA Disability Back Pay And How Do I Qualify In Houston, TX?

The Effective Date

The VA defines this as the later of two dates:

  • The date of your claim filing
  • The date that your disability reveals or escalates

Most claims use the date you filed your claim. The second date is usually when a veteran files for an increase in ratings. In that case, the effective date is then the date when the disability escalates, not the original date of the claim filing.

There are occasions when an effective date may be earlier, but not much. They are:

  • Recently discharged veterans, depending on the date of discharge and the date the disability either manifests or escalates
  • Claims for an increased rating
  • Agent Orange Exposure claims, since there are special rules that apply because Agent Orange exposure is a presumptive service-connected condition.

Once these dates are established, the VA begins the claims process.

When Disability Back Pay Is Awarded

Because the VA is notorious for taking years to award benefits in some cases, the agency awards a lump sum of “back pay,” and you’ll receive monthly benefit thereafter.

Back pay is the collective amount of the payments you would have received if you were awarded benefits immediately.

For instance: you applied for VA disability benefits on January 1, 2015, but didn’t begin receiving monthly benefit payments until January 1, 2019. This means that although you begin receiving payments on January 1, 2019, you’re also entitled to benefits during the period where you waited for the VA to begin disbursement. Therefore, back pay would be the four-year sum of your monthly benefits from January 1, 2015 through December 1, 2018 until your regular monthly benefit payments begin on January 1, 2019.

It’s also possible that you could receive back pay when you’ve appealed a decision and the VA subsequently rules in your favor. Back pay may also be awarded if your condition worsens and the VA increases your monthly benefit payments. You’ll also receive a lump sum of the increased amount after the new ruling, based on the date your condition escalates.

A Claim Must Be In Writing

It may sound a little odd to mention, but some veterans may believe they’ve filed a claim because they’ve discussed it with a VSO or an adjudicator. All claims must be submitted in writing, and you don’t have a claim until you do.  The VA does not do a good job of notifying veterans that they may have a claim. The effective date of your award is always on, and not earlier, than the date of your written claim.

Don’t Re-Apply After Denial—Get Help With Your Appeal ASAP

What some veterans do after they are denied benefits is to re-apply all over again. Don’t do that—you could lose thousands of dollars you’re actually entitled to. The VA works on the effective date, or the date that they receive your application. If you start over with a new application, the effective date, and could reduce or eliminate any back pay you could have received.

If your application is denied, it’s important to step up your game and get help with your appeal immediately. Whether you applied before your discharge date, within a year of discharge, or when you first began to need benefits, starting over with a new application wipes out your original application and starts the process over.

Using the previous example—if you applied on January 1, 2015 and your claim is denied, through the eventual appeal, you might receive a four-year sum of back pay.

But if you re-apply on January 2016 and are eventually approved, you would lose an entire year of back pay.

Getting help from a disability law attorney will help you navigate the appeals process and increase your chances of getting the benefits you need and deserve.

We Help Houston Veterans

Getting VA disability 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: ,

Valuable information for Texas Veterans on TexVet.org

December 4, 2019 by

If you’re a veteran in Texas, you may find yourself endlessly seeking out information online that may or may not apply to veterans in the Lone Star State. There are a considerable number of blogs written by veterans for the veteran community, with a wide range of information available. Some of it may not be applicable or accurate.

Valuable information for Texas Veterans on TexVet.org

What you may not know is that a group of people at Texas A&M in College Station are looking out for the veteran community here. They’ve have put together one website where you can find information you need specific to Texas veterans.

TexVet

Since its beginnings in 2007, TexVet has served as a catalog website for a wide range of services and trustworthy information available to veterans. Their mission statement:

TexVet is the state clearinghouse for trusted information, resources, data, technical support, and research relevant to service members, veterans, their families, and those who serve them.

The idea is to make it easy for Lone Star veterans to find what they need, as well as organizations that serve them to reach both the military and veteran communities.

While there are a number of small nonprofits and other organizations that serve the veteran community, many may not have the resources to gather as much information, or keep it current. TexVet’s intentions are for their single website to have current information that veterans need at their fingertips.

The website receives funding and support from Texas A&M University Health Science Center as well as the Texas Department of Health & Human Services. The website’s resources are updated regularly and audited yearly.

Available Information

The website’s information is categorized so that you can find what you need quickly. Choose from:

  • Mental Health Resources
  • Legal Assistance
  • VA Claims
  • Transportation
  • Events
  • Property Tax (an important issue in Texas)
  • Finding a job and starting a business
  • The Hazelwood Act (for Texas veterans education)
  • Homeless Assistance
  • Social Groups
  • Women Veterans

Additional menu selections include Transitioning Vets and a section for Fun/Free things for veterans and their families, including discounts.

If you’re looking for information about GI bill higher education, click here to go to their Higher Ed page. You can also find information on the Hazelwood Act for Texas Veterans and their families, as well as a list of colleges and universities that accept both the GI bill and the Hazelwood Act. In the Houston area alone, you can choose:

  • Alvin Community College
  • Houston Community College
  • Prairie View A&M
  • Sam Houston State University (Huntsville)
  • Texas Southern University
  • Texas Women’s University
  • University of Houston
  • Texas A&M Galveston

The website lists all the colleges and universities statewide that you can choose from to receive higher education.

Criteria For Listing On Texvet.org

There are a wide range of companies that offer help or services to veterans and their families. Unfortunately, not all of them are legitimate, nor are they helpful, such as payday loan companies, which profit from veterans but do nothing to help.

Most of the listings on the website are governmental agencies, local services and nonprofits that are vetted to ensure that they meet TexVet’s standards.

To ensure that companies and organizations are legitimate and genuinely care about the veterans who may contact them, any organization must meet TexVet’s Standards Of Trust in order to appear on the site.

While most for-profit companies aren’t listed, TexVet will occasionally list one and mark it as a “for-profit” entity.

Doing a search for “veterans assistance” will bring millions of search engine results, but may not be what you need. TexVet strives to be the first website Texas veterans visit when they need information or resources.

More Assistance For Your VA Disability Claim

We respect our military and veteran community, and we’re ready to help you when you need it.

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

Filed Under: Veterans Disability Tagged With: , ,

What Is The VA Service-Connected Disability Rating System?

November 27, 2019 by

During the process of applying for your VA disability benefits, you may have heard about the VA’s rating system.  The VA Schedule of Ratings Disabilities (VASRD) is a system that the VA uses to determine a veteran’s percentage of disability. The percentage determines how much a disability decreases your ability to function as well as your overall health. It’s a fair and consistent system for compensating disabled veterans for the same condition.

What Is The VA Service-Connected Disability Rating System?

How It Works

Your first step is to assemble your claim and submit it to the VA. Once the VA determines that your disability is service-connected, they assign you a rating.  These ratings are based on the impact of your earning capacity in civilian occupations. The rating is used to determine the amount of disability compensation paid to you monthly to compensate you for the loss of earning capacity due to your service.

The VA uses medical information you supply in your claim. This can include military and civilian medical records, as well as things like test results. Also used are findings from a VA Claim Exam (also called “compensation and pension” or “C&P” exam) and any other information the VA gathers, such as from federal agencies. The VA issues ratings in even, 10% increments from 0% to 100%. Multiple ratings are added and rounded to the nearest 10% (up or down) using the criteria set out in the VASRD.

Different conditions have different ratings, based on their severity. If you have more than one disabling condition, the VA uses their Combined Ratings Table to help determine your percentage of disability. This means that if your different conditions have percentages that add up to 100% or more, your final, rounded percentage will not be equal to 100% or more.

What If I’m Rated At 0%?

This means that although you have a condition, it doesn’t affect your ability to function. You won’t receive any disability payments, but you may still qualify for priority health care as well as other VA benefits. More than one 0% disability rating for different conditions may give you a 10% rating.

However, even with a 0% rating, you have established that your condition exists, and that it’s service connected. It is a “foot in the door” for later.  Should your condition worsen to the point of disability, you can file a claim to increase your rating.

You may also be eligible for outpatient dental care and more affordable life insurance within the first two years of your rating. There may also be state benefits available for veterans at 0%.

Confused About The VA’s Rating System? Herren Law Understands It

If you’re not sure what the rating system means to you, don’t try to decipher it yourself. William Herren is a Houston disability attorney who has been helping veterans through the VA’s system for more than 30 years. We understand how the VA works, the VASRD, and how to get your claim through their process as efficiently as possible to give you the best chance of approval.

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.

Filed Under: Veterans Disability Tagged With: ,

What Are The Most Common VA Disabilities?

October 21, 2019 by

Veterans can develop a wide range of illnesses after their tours of duty end and they return to civilian life. Much attention is given to the veterans who are experiencing things like PTSD (post-traumatic stress disorder), but not everyone has it.

What Are The Most Common VA Disabilities?

Some veterans may just find themselves with a fair amount of joint pain from jumping out of trucks while carrying a full backpack. Musculoskeletal conditions are frequently reported by veterans, due to the extremely physical nature of most jobs in the military. But while vets are currently receiving benefits for more than 21 million types of disabilities, there are some that show up the most.

The Top Ten

The most common disabilities seen by the VA are:

  1. Tinnitus—this annoying condition is the result of working around aircraft, gunfire or other munitions. It can be an underlying condition of hearing loss, neck injuries, a traumatic brain injury, as well as depression. Tinnitus ringing, buzzing, hissing or other noise in one or both ears, and can make concentration difficult.
  2. Hearing loss—another common condition in veterans, and requires a service connection in order to receive benefits. If you have both hearing loss and tinnitus, you may be able to have a separate rating for each.
  3. Limitations of knee flexions—knees may begin to “freeze up” and have limited ranges of motion as the years pass. Symptom severity will determine your VA ratings.
  4. Cervical or lumbosacral pain—neck and back pain that can be disabling and make daily life activities more difficult. Prescribed painkillers can present even more limitations for veterans who take them.
  5. Scars and scarring—even after healing, scars can still be painful. Injuries from combat and chemical burns can cause scars that leave lifelong problems as well as require multiple surgeries to treat. The VA rates based on the location and size.
  6. Post Traumatic Stress Disorder, or PTSD—a mental health condition that follows exposure to a traumatic event. While treatment is available, there is currently no cure.
  7. Limitation of motion in the ankles—much like knee problems, ankle problems are evaluated for stability, extension and flexion before a rating is assigned.
  8. General impairment of the knee—this includes injuries as well as knee replacement, both partial and total.
  9. Migraine headaches—the throbbing pain that is usually confined to one side of the head may require you to lay down until it passes. You may also experience dizziness, nausea, and sensitivity to sound and light. Some migraines may last for days.
  10. Sciatica (aka Paralysis of the Sciatic Nerve)—the largest nerve in the body, it runs from the lower back through the hips down to the leg. Pressure on this nerve causes pain to develop in these areas.

Other Common Veterans Disabilities

While the VA reports these as the most common disability claims they receive, there are more, like musculoskeletal. They are sometimes secondary conditions, and include:

  • Diabetes
  • Gastrointestinal disorders
  • Sleep Apnea
  • Chronic obstructive pulmonary disorder (COPD) or other respiratory conditions
  • Traumatic brain injuries
  • Other mental health disorders (depression, anxiety, etc.)
  • Peripheral neuropathy (numbness, tingling, or loss of movement in the limbs)
  • Bronchial asthma

As with any disability condition, a service connection must be proved for either cause or aggravation.

Your Houston VA Disability Attorney

Applying for VA disability benefits is a long process with a lot of obstacles, but there is no time limit on when you can apply. Whether you have one of these top disability conditions, or something else that’s service related, we can help you wade through the red tape involved in applying for the benefits you deserve after your service.

When you’re ready to start, or you 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: , ,

Can I Get VA Benefits For Hearing Loss In Houston, TX?

October 15, 2019 by

You may have noticed that you’re not hearing as well as you did before, or you keep asking people to repeat something. Did this happen during your time on active duty?

Doctor talking to an older female patient about Houston, TX VA disability benefits for hearing loss.

 

Hearing Loss Can Affect Anyone

Most people think of age-related hearing loss (the loss of the hair-like cells in your inner ear), or people who were born without hearing. But losing your hearing can happen to anyone anytime without an explanation. Even excessive earwax can cause hearing loss, but more common causes include:

  • Exposure to loud noises, including construction equipment, power tools, concerts, movies, and other high-decibel sounds without protection.
  • Listening to music too loud in earphones
  • Tinnitus (ringing in the ear, especially after loud concerts and movies)
  • Traumatic brain and other injuries to the head
  • Tumors and other growths in the ear area
  • Medications for conditions such as cancer and infections (antibiotics)
  • Sudden altitude and pressure changes during flying (or even driving)
  • Diseases in children such as:
    • Chickenpox
    • Smallpox
    • Meningitis
    • Measles
    • Mumps
  • Other chronic illnesses such as:
    • Heart disease and hypertension
    • Autoimmune diseases (such as Hashimoto’s thyroiditis and lupus)
    • Diabetes
    • Strokes

Veterans may have some of these causes, but their hearing losses are more commonly caused by experiences in the military, such as gunfire, transport, airplane and helicopter engines, and other artillery explosions (i.e., hand grenades.)

Like any VA disability claim, you’ll be required to establish a service connection for your hearing loss.

Three Steps

Just filling out an application will not help you get rated. In order to apply, you’ll need:

  • A current diagnosis of hearing loss from a licensed audiologist, who will administer two different diagnostic tests to be submitted to the VA:
    • Maryland CNC Test, which uses a 50-word list to determine how well you can recognize speech
    • Puretone Audiometric Test, which measures the lightest sounds you can pick up on and hear
    • Note: when you’re being tested, remove any hearing aids and let the audiologist know you’re taking this test to satisfy the VA’s requirement for establishing a service connection.
  • Establishment of a service connection, which may include examining your service records for evidence of any types of activity that could have contributed to or caused your hearing loss. Wartime service can be used to make that connection as well.
  • A corroborating medical opinion, one that can effectively link your hearing loss to your time in service

It’s not uncommon for hearing problems to develop some years after your discharge—but that doesn’t mean it isn’t service related. If you can demonstrate that you were exposed to loud noises during your time in the service, you still may be able to establish a service connection for your hearing loss.

Meniere’s Disease

This inner-ear disorder causes a number of symptoms, including hearing loss, vertigo, tinnitus, and pressure or “fullness” in the affected ear. It normally affects only one ear, and can also include fluid in the ear. While there are treatments for Meniere’s Disease, there is no cure.

The VA does rate on Meniere’s Disease, as much as 100% if you’re experiencing weekly bouts of vertigo and its related symptoms. Other inner ear disorders rate between 10% and 30%.

Hearing Loss Ratings

As with all disability ratings, the VA draws from the VA Schedule of Ratings Disabilities. Auditory (hearing) disorders are found under Section 4.87, in diagnostic codes 6200 to 6260. While tinnitus and hearing loss are common for veterans, there are other types of disorders that the VA will rate, including:

  • Cancer in the ear area. The VA gives a 100% rating for the six months following the end of treatments.
  • An inner ear problem called “peripheral vestibular disorder” rates at 10% if it causes you dizziness on occasion, and 30% if your dizziness is accompanied by staggering
  • The loss of one ear (external) is a 30% rating, whereas the loss of both ears rate at 50%, assuming that you have at least some hearing despite the loss of the ear itself.
  • The VA rates all cases of perforated eardrums at 0%.

If you have total hearing loss in both ears, you may also be eligible for a special monthly compensation.

Herren Law Can Help With Your VA Disability Benefits Claim

The VA does award disability benefits for hearing loss, but you have to apply, as you would for any type of disability. We can help make sure that your application is done correctly, and can also help with an appeal if your claim is denied.

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.

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

In Houston, TX, Does My Wife Get My Veterans Disability Income If I Die?

September 26, 2019 by

As a disabled veteran, one of the things that may you may be concerned about is the fate and welfare of your spouse and family after your passing. It’s a difficult subject, but one you may need to give thought to in respect to your will and other estate planning matters.

If your Veterans disability income is an important part of your monthly budget, it is possible that your spouse can receive it after your death, but it isn’t automatic.

Woman with a pen completing a life insurance policy and Veterans Disability Income paperwork.

Dependency and Indemnity Compensation (DIC)

A spouse, child or parent of a veteran who died in the line of duty, a survivor of a Vietnam veteran who died from a service-related illness or injury may be eligible for DIC. This is a monthly payment to surviving spouses, children, and occasionally parents, and it is tax-free.

However, there are eligibility requirements to apply for and begin receiving DIC. A surviving spouse must fill out an application to request these monthly benefits, as well as notify the VA that the veteran is deceased.

Criteria For DIC

The VA uses the following criteria to define a surviving spouse, if he or she:

  • Were married to the veteran in excess of one year
  • Were married for any time period and the spouse died
    • On active duty
    • During training while on active duty or inactive duty
  • Were married to the veteran within 15 years of his discharge, and the veteran’s death was caused by or exacerbated by a service-connected injury or illness
  • If the marriage date was prior to January 1, 1957
  • Had a child with the veteran, and was:
    • Living with the veteran until his/her death, or
    • Separated from the veteran and was not the survivor’s fault

A spouse may be eligible if the veteran died:

  • On active duty
  • From a service-connected injury or illness
  • While doing training on active duty or inactive duty
  • Was receiving disability compensation from the VA:
    • For at least 10 years before passing
    • From his or her discharge date, for at least five years before passing away
    • For at least 1 year if he or she were a prisoner of war

Remarriage

If a spouse remarries and before reaching age 57 or before December 16, 2003, the VA won’t consider them a “surviving spouse.”  But they would be considered “surviving” if the remarriage happened after the age of 57 and after that date.

Survivor’s Pension

For low-income, unremarried surviving spouses, the Survivor’s Pension may also be available if your spouse is a deceased wartime veteran.

The veteran must have:

  • Served for at least 90 days of active duty and at least one day during a period of wartime if he or she joined on or before September 1, 1980.
  • Served for at least 24 months or for the full period of enlistment with at least one day during a period of wartime if he or she joined after September 1, 1980.
  • Been discharged from the service under other than honorable conditions

Your family’s income must be less than the annual pension limit set by Congress, and the VA will use your “countable income” against the set limit. Some unreimbursed medical expenses may be deducted from the “countable income” and lower the income for the year.

Other Survivor’s Benefits

In addition to DIC and the Survivor’s Pension, spouses and children may also be eligible for:

  • Survivor’s & Dependent’s Educational Assistance Program, available for spouses and children of disabled and deceased veterans who are interested in educational and vocational training, including college-level and university-level courses. There are time limits involved, particularly for children.
  • Home Loans for service members, veterans, and spouses to buy a home, as well as repairs, refurbishing, remodeling and modifications to accommodate specific needs (such as a wheelchair ramp.)
  • Fiduciary services for veterans and beneficiaries who are unable to handle their own financial affairs.
  • Will planning and benefit training, with a free online will service. Financial services professionals are available 24/7.

An Advocate For Disabled Veterans And Spouses

If you’re a disabled veteran, or the spouse of one, don’t let the application and appeals process for Veterans disability income confuse you—get help from someone who can guide you through it.  Call The Herren Law Firm today 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: , ,

Veterans Disability For Autoimmune Diseases In Houston, TX

July 30, 2019 by

Autoimmune diseases encompass a number of different conditions that share one common trait: they attack the body’s tissues as if it were a pathogen by producing specific antibodies to attack the healthy cells.

Doctors aren’t sure what triggers this biological mistake, but some people are more likely to have it than others. Science has identified 81 different autoimmune diseases. These illnesses can develop at any age, but most commonly between 40 and 50.

Discussing Veterans Disability benefits For Autoimmune Diseases In Houston, TX with a disability benefits attorney

Types Of Autoimmune Disease

Of the 81 identified, the most common of these autoimmune conditions include:

  • Rheumatoid Arthritis
  • Multiple Sclerosis
  • Type 1 diabetes
  • Lupus
  • Inflammatory bowel disease (IBD)
  • Hashimoto’s Thyroiditis
  • Grave’s Disease
  • Vasculitis
  • Myasthenia gravis
  • Psoriasis
  • Chronic inflammatory demyelinating polyneuropathy
  • Guillain-Barre Syndrome
  • Human Immunodeficiency virus (HIV)

If left untreated, an autoimmune condition could lead to damage to different parts of the body, including joints, skin, nerves, and muscles.

Causes Of AD

While science doesn’t offer a direct cause, researchers suspect:

  • Genetics, since some conditions run in families (i.e., lupus and MS)
  • Increased exposure to chemicals and other environmental toxins
  • The “standard Western diet” (sometimes called SAD or Standard American Diet), consisting of highly processed foods, including a large amount of sugar and synthetic fats
  • The “hygiene hypothesis”—children use antiseptics frequently are now vaccinated for such a wide range of things that they aren’t exposed to the bacteria and other substances that they used to. Without the exposure to “everyday germs,” immune systems don’t develop properly, and tend to over-react to harmless substances.

PTSD And The Service Connection

Part of applying for VA benefits includes establishing a service connection, and proving that your condition or injury occurred during the time you were in the service. But with many conditions, that’s not as easy as it sounds, although PTSD is a common service-connected cause for VA benefits.

A study conducted at the San Francisco VA Medical Center demonstrates a strong link between PTSD and the onset of autoimmune diseases. With 666,000 Iraq and Afghanistan veterans as study subjects, those diagnosed with PTSD had a 51% higher chance of developing an autoimmune condition.

The research team cited a number of reasons for this correlation, including:

  • Immunity and/or hormonal changes that are brought on by PTSD
  • Habits that are prevalent in PTSD patients, such as smoking, drinking, a less-than-ideal diet, and insufficient sleep
  • Genetic and/or pre-existing genetic risk factors may lay the ground work for both conditions

It’s important to note that PTSD does not directly cause an autoimmune deficiency, only that there is a strong correlation. However, to prove a VA claim for compensation, one only has to establish a 50% probability of causation for the autoimmune condition. Therefore, the aforementioned VA study may be one part of your overall strategy.

Autoimmune As A Secondary Condition

If you already have a claim for PTSD, seeking a secondary service connection between the PTSD and the autoimmune condition may be your best bet for getting benefits for it.

Because no primary causes are established, it may be difficult to pinpoint where and when your autoimmune condition began. But proving that your autoimmune disease as a “side effect” of PTSD as a secondary service connection is a different matter.

You will have to prove your primary service connection first, which will require evidence including:

  • Medical records and diagnosis
  • Treatments
  • Psychological exams
  • Vocational reports
  • Other related, relevant documentation

Additionally, you’ll need to prove a connection to your primary condition in order to prove your secondary condition. This will require a letter from a medical professional demonstrating the connection between the two conditions. The VA offers some information here.

Getting help with your VA disability application is the best way to get a head start on what may be a long, difficult process. An attorney experienced in VA applications can help you get started. He or she understands the process, and will ensure that your application is done correctly.

Helping Houston’s Veterans

William Herren is a veterans’ disability attorney who has worked with veterans in the Houston area for more than 30 years to help them get the benefits they deserve. 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 don’t charge you a fee until we win your case.

Filed Under: Veterans Disability Tagged With: , ,

Filing A Veterans Disability Claim In Houston, TX

June 3, 2019 by

If you’re one of the thousands of veterans who were injured in the line of duty and are now disabled, chances are you’ve at least once attempted to apply for disability benefits. If you’re reading this blog post, it’s also possible your claim has been denied. But whatever your current status, there is a process to filing your Veterans disability claim.

Filing a Veterans disability claim in Houston, Texas.

The VA’s website is the place to start, and offers basic guidelines and tells you what evidence you need to support your claim. This includes:

  • VA medical records that are either related to your injury/illness, or demonstrate that your rated disability is worsening
  • Hospital reports and other private medical records that are either related to your injury/illness, or demonstrate that your rated disability is worsening
  • Supporting statements from friends, family, fellow service members and others that can provide additional information on how your injury/illness occurred, or how it has worsened. This is also called “lay evidence.”

You can apply online at the VA’s website, by visiting your local VA office, by calling by calling 800-827-1000, or by printing the application here and mailing it to your local VA office.

If you need help, please see our recent blog post on getting assistance with filing your application.

Medical Records And Evidence

The VA provides a list on its website of all the evidence you’ll need to gather for your claim application in addition to VA Form 21-526 and your DD-214.

There are two options for submitting your claim:

  • A Fully Developed Claim, in which you’ll take full responsibility for gathering, organizing and enclosing all of your relevant medical records, supporting documentation, and certify that the VA does not need to recover any more of your records to support your claim. Once you certify that all the relevant records are enclosed, you will be required to attend any medical exams the VA needs and requests for them to reach a decision on your claim.
  • A Standard Disability Claim, in which the VA takes responsibility for recovering any documentation needed for your claim. You’ll need to specify in your application where the records can be obtained or found, especially if they are not with a federal agency. You may be asked to obtain some of these records, such as medical records from a private doctor or hospital, and you will also be required to attend any medical exams the VA needs and requests to reach a decision on your claim.

Lay Evidence

This is evidence that doesn’t require specialized knowledge to deliver, including:

  • Your personal testimony regarding the symptoms of your current disability
  • Your spouse, children or other relative’s testimony about a diagnosis you received many years ago at a military hospital
  • A “buddy statement” that corroborates something that happened to you while you were in the service
  • Performance evaluations done before and after an incident that caused your illness, injury or disability

This supporting evidence is usually submitted as a written statement, and is included with your claim.

Bureau of Veterans Affairs

Once everything is submitted, the BVA will review your file, and determine whether or not you qualify for disability benefits, and if so, assign a percentage.

However, you are ineligible for benefits if:

  • Your disability was caused by misconduct
  • You were dishonorably discharged
  • You were avoiding duty when the injury occurred, i.e., AWOL or deserting
  • You were injured while in prison or detained in relation to a court martial or a civil court felony

If you are denied and would like to appeal, contact an attorney who specializes in disability law. You have a short time frame for appeal, so get started immediately.

Helping Houston’s Disabled Veterans

Have you had trouble applying and qualifying for VA disability benefits? Been denied and need to appeal? It’s time to reach out for help. William Herren is a veterans disability attorney who can make the claims and appeals process easier. Call The Herren Law Firm today 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: , ,

Where Can I Get Assistance Filing A Veterans Disability Claim In Houston, TX?

February 25, 2019 by

Filing a Veterans disability claim is often a difficult process that can be extremely frustrating and irritating. If you’ve had about enough of the VA and their endless forms and phone calls, you may realize that it’s time to ask for help. But where?

Veterans don’t have to feel helpless against the VA. Help is available, all you have to do is reach out for it. Here’s a list of some of the places you can contact for help filing a Houston Veterans disability claim.

Filing A Houston Veterans Disability Claim

TexVet.Org

This online referral service is run by Texas A&M, and is a state program for veterans, their families, and the groups that serve them, offering verified information and referral resources.

County Veterans Officers

There are two of these officers in the Houston area. The Veterans County Service Officer Association of Texas’ website here, with additional information. The VCSOAT is a 501c19 non-profit organization.

The Texas Veterans Commission

This Austin-based state agency was created in 1927 to be an advocate for veterans throughout the Lone Star State, to assist them in getting the benefits they’ve earned. Their focus is on nine programs:

  • Claims Representation and Counseling
  • Veterans Employment Services
  • Veterans Education
  • Communications and Veterans Outreach
  • Veteran Entrepreneur Program
  • Health Care Advocacy
  • Veterans Mental Health Program
  • Women Veterans Program
  • The Fund for Veterans’ Assistance

TVC has counselors available statewide to help with claims, appeals, and resources available, with a women’s veteran program available.

AMVETS

This nationwide organization offers veterans free help with claims, even if you’re not a paying member. There are two Houston-area posts, one northeast of the city in Rye, TX, with two points of contact, and additional posts throughout the state. AMVETS offers free assistance for filing Veterans disability claims, veteran healthcare advocates, career assistance and other related services through their National Service Department with a series of National Service Officers.

The Disabled American Veterans (DAV)/DAV Of Texas

If you live in Houston, there are a number of available services to help you file a Veterans disability claim. But what if you live in the outer environs, and can’t get to the VA Medical Center or someplace else?

Headquartered in Lufkin with additional locations in Houston, San Antonio and Waco, the DAV has help available from DAV National Service Officers throughout the Lone Star State. The DAV also has Mobile Service Offices (MSO) that travel to the smaller towns and rural areas for veterans that don’t live in town. These services are provided free of charge to disabled veterans and their families to help them access to benefits and services. Information seminars, outreach programs, employment assistance and other resources (including for homeless veterans) are available upon request, free of charge.

The Wounded Warrior Project

Founded in 2003, WWP was created to serve injured veterans who became injured after September 11, 2001. With an office located in Clear Lake, WWP is both a non-profit and a VA-accredited agency that can help you with both the VA and the DoD to get benefits and services you need. Team members work with veterans to make sure their claims are filed correctly, and through the process. You can also call their Resource Center at 888.WWP.ALUM (997.2586), 904.405.1213, or email at resourcecenter@woundedwarriorproject.org. WWP also offers health and wellness programs, family support, employment assistance and other programs to wounded veterans.

A Veterans Disability Attorney

With all the free help that’s available to veterans, you may not think hiring an attorney is necessary. But if your Veterans disability claim is denied, finding a veterans disability attorney who understands the process can make sure your application and any appeals are handled correctly, and according to the VA’s rules and regulations.

Organizations that work with veterans may be over-worked and understaffed. They may not be able to help with appeals. An attorney who specializes in VA cases is able to take the time to work with you and make sure everything is done properly. You can also speak with your attorney (or a member of staff) when you call to ask about your case.

The best reason to hire an attorney: both the VA and the United States Court of Appeals for Veterans Claims (CAVC) treat an application differently when the veteran is represented by an attorney, increasing your chances for approval or winning on appeal.

Helping Houston’s Veterans

William Herren is a Veterans’ disability attorney who has worked with veterans in the Houston area for more than 30 years to help them get the benefits they deserve. 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 don’t charge you a fee until we win your case.

Filed Under: Veterans Disability Tagged With: , , ,
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