Veterans with Lesbian, Gay, Bisexual, and Transgender (LGBT) and Related Identities: Advocating for Your VA Benefits and Discharge Upgrades

LGBT and related Identities - Discharge Upgrade and Denied VA Disabilities

he term "LGBT and related identities" encompasses a wide range of sexual orientations and gender identities. At our firm, we want you to know that every Veteran is not only welcome but also entitled to the support and benefits they deserve, irrespective of their sexual orientation or gender identity. We are deeply committed to ensuring that LGBT and related identity Veterans receive the respect and assistance they need, free from discrimination.

The Significance of Identity in Your VA Benefits: Your sexual orientation or gender identity plays a crucial role in your eligibility for VA benefits. Unfortunately, many LGBT and related identity Veterans have experienced discrimination in their pursuit of these benefits. Discrimination can have significant consequences, affecting your access to healthcare and other essential services. We are here to ensure that you receive the recognition and support you've earned.

Understanding the Challenges: LGBT and related identity Veterans often face unique challenges, including higher rates of mental health issues, substance abuse, and delayed access to necessary medical care due to discrimination. We are committed to addressing these disparities head-on.

Our Firm's Commitment: At our firm, we are dedicated to providing you with legal representation that takes into account your unique needs as an LGBT or related identity Veteran. Our team of experts understands the importance of cultural competence in the legal field. We work tirelessly to create an environment where you can openly discuss your concerns and needs without fear of judgment or discrimination.

Seeking Justice: If you were discharged from the military because of your sexual orientation, we want you to know that we can help you fight to upgrade your discharge. Discrimination based on sexual orientation has no place in the military or in the pursuit of VA benefits. Our experienced legal team is ready to work diligently to rectify any injustices you may have faced. Please contact us promptly to discuss your case and explore the legal avenues available to you.

In Conclusion: Our firm's unwavering commitment is to ensure that all Veterans, regardless of their sexual orientation or gender identity, receive the benefits and recognition they've earned through their dedicated service to our country. Your identity should never hinder your access to the support and benefits you deserve.

If you have any questions, or concerns, or need legal assistance with VA benefits or discharge upgrades, please don't hesitate to reach out to us. We are here to serve you and to fight for your rights as a Veteran.

Register for your free consultation: https://app.lawmatics.com/forms/share/3 ... fdac18ccf0


Albert L. Thombs
The VA Disability Advocate
VA Accredited Claims Agent #45147,
Phone: 702-992-4883
visit us at www.VADisabilityAdvocate.com
athombs@VADisabilityAdvocate.com

You Need Evidence to Win Your VA Disability Claim

Understanding The Different Types of Evidence Accepted by the VA

We strongly encourage you to send any information or evidence within 30 days of the application process. However, you have up to one year to submit the information and evidence necessary to support your claim. If the VA decides your claim before one year, you will still have the remainder of the one-year period to submit additional information or evidence necessary to support your claim. If you receive a letter from the VA requesting additional information using VA Form 21-4142(a), you can authorize the release of your private medical records from outside the VA medical network, if you believe the information will help support your claim. Talk to the Advocate before releasing any records to the VA.

When it comes to filing a disability claim with the Department of Veterans Affairs (VA), having a thorough understanding of the types of evidence they accept is crucial. While the VA does have a duty to assist veterans in gathering their records, it's important not to rely solely on them to collect the necessary documentation on your behalf. Taking an active role in compiling the right evidence can greatly enhance your chances of a successful outcome. Let's explore the different types of evidence accepted by the VA for disability claims.

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Military Records: Your military records hold valuable information about your service and any incidents or injuries that occurred during that time. These records include service treatment records, personnel records, deployment records, and other relevant documents. They provide crucial details to establish the link between your disability and your military service.​

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Medical Records: Medical evidence plays a central role in supporting your claim for a service-connected disability. This includes both military and civilian medical records. Submitting comprehensive medical records that outline your condition, diagnosis, treatment history, and relevant test results is essential. These records help establish the connection between your current disability and your time in service.

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Lay Statements: Personal statements from yourself, family members, friends, or other individuals who have witnessed the impact of your disability can provide valuable insights. These statements should describe the onset and progression of your condition, how it affects your daily life, and any observed changes in your physical or mental health. They offer a unique perspective on your disability from those who know you best.

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Buddy Statements: Buddy statements are written testimonies from individuals who served alongside you. These statements can provide firsthand accounts of events or circumstances that led to your disability. They offer additional support by corroborating your experiences and establishing a connection between your disability and your military service.

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Expert Opinions: In certain cases, obtaining expert opinions can strengthen your claim. These opinions may come from medical professionals, specialists, or subject matter experts who can provide insights into the nature of your disability, its causes, and its impact on your daily life. Expert opinions offer an informed perspective that can further validate your claim.

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Service Records and Awards: Official documentation and awards received during military service are significant. They provide evidence of your duties, responsibilities, and achievements, giving context to your service. These records support your claim by showcasing your commitment and dedication to your service.

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Advocates Note:

It's important to remember that even if your military records are lost or unavailable, the VA still has a duty to assist you in gathering the necessary evidence to support your claim. While this may present a higher burden, the VA is obligated to explore alternative sources of evidence, such as buddy statements, secondary medical opinions, or other records that can substantiate your claim.

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Advocates Advice:

By actively participating in collecting and submitting the appropriate evidence, you enhance your chances of a successful outcome. Take the time to compile comprehensive documentation, including military and medical records, personal and buddy statements, expert opinions if applicable, and any other relevant supporting documents. Building a strong and well-supported case will greatly improve your chances of a favorable decision for your VA disability claim. Remember, your voice and the evidence you provide are instrumental in telling your story and advocating for the benefits you deserve.

Register for your free consultation: https://app.lawmatics.com/forms/share/3 ... fdac18ccf0

Albert L. Thombs
The VA Disability Advocate
Phone: 702-992-4883
VA Accredited Claims Agent #45147,
visit us at www.VADisabilityAdvocate.com
athombs@VADisabilityAdvocate.com

What Type of Claim Can I File?

Navigating the VA Claim Process: Understanding Types of Claims

As of March 2023, the VA is averaging 120-150 days to process all claims and appeals except the Board of Veterans' Appeals (BVA). https://www.vadisabilityadvocate.com/va-claim-process

​As a veteran seeking disability compensation, it's essential to understand the VA claim process and the different types of claims available to you. The length of time it takes to complete a claim can vary based on various factors, including the type of claim, the complexity of your disabilities, the number of claimed disabilities, and the availability of supporting evidence. To help expedite the process, submitting as much evidence as possible with your claim is encouraged. The VA claim process typically consists of eight distinct steps, which may vary in duration based on your claim's complexity and evidence requirements. It's crucial to familiarize yourself with each phase to clearly understand the overall process and timeline.

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The formula for a successful claim involves three key elements: a record of in-service injury or illness, a current diagnosis and continued treatment since your separation, and a VA examination validating the conditions and determining their level. These components combined help establish the link between your disabilities and your military service. Any gaps in this process should be explained through your statements to minimize delays in your VA disability claim.

 

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Now let's explore the different types of claims you may encounter:

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1.  Original Claim: This is your first claim for disability compensation. If you've never filed a claim for disabilities before, this is the starting point to establish a service connection and seek compensation for your disabilities.

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2.  Increased Claim: If you're already receiving disability benefits but believe your condition has worsened, you can file an increased claim. Similar to an initial claim, the focus is on gathering medical evidence to support the increased severity of your condition. The VA may schedule a Compensation and Pension (C&P) examination to evaluate your condition

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3.  New Claim: If you need to file a claim for additional benefits or request other benefits related to an existing service-connected disability, you can submit a new claim. The VA will base its decision solely on new evidence you provide, such as recent medical reports or test results. Past evidence related to previous claims will not be considered for this claim.

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4.  Secondary Claim: A secondary claim is filed to seek disability benefits for a new condition that is linked to a service-connected disability you already have. For example, if you develop arthritis as a result of a service-connected knee injury or develop heart disease due to service-connected high blood pressure, you can file a secondary claim. The new disability must be directly related to your existing service-connected condition.

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Conclusion:

Understanding these types of claims will help you navigate the VA claim process more effectively. Ensure you gather comprehensive medical evidence, provide clear statements, and seek professional guidance if needed. Remember, the goal is to establish the connection between your disabilities and your military service to secure the disability compensation you deserve as a valued veteran.

Register for your free consultation: https://app.lawmatics.com/forms/share/3 ... fdac18ccf0


Albert L. Thombs
The VA Disability Advocate
VA Accredited Claims Agent #45147,
Phone: 702-209-5722
visit us at www.VADisabilityAdvocate.com
athombs@VADisabilityAdvocate.com