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 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: , ,

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: , ,
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