The claims process can be confusing and one that service members and Veterans shouldn't try to navigate alone. That's why the Veterans Disability Advocates (VADA) was established to help all veterans, service members and their families.
VA Disability Advocate Info
Thursday, November 1, 2018
Should You Hire a Lawyer to File a VA Disability Claim?
If you were denied your VA disability claim in 2019, your time to appeal is running out. The more complicated your VA claim is, the better the evidence you are going to need to be successful, Get the facts! Don’t let the complicated VA disability benefits appeal process scare you. The VA Disability Advocate handles VA Disability Claims in Hawaii, Las Vegas, San Diego and nationally. Call: 702-209-5722, www.VADisabilityAdvocate.com Albert L. Thombs Jr., VA Certified Agent, OGC Accreditation Number: 45147
Monday, October 22, 2018
Are You a Veteran?
Are You a Veteran?
Know Your Eligibility for VA Benefits
Many individuals who are eligible for VA benefits are unaware of their veteran status. It is a common misconception that one must have been in combat or retired from the military to qualify for VA benefits. In reality, eligibility for VA benefits is not limited to these specific circumstances. https://www.vadisabilityadvocate.com/veterans-qualifications-and-discharge
To determine eligibility for VA benefits, it is important to understand the definition of a "veteran." According to the law, a veteran is defined as "a person who served in the active military, naval, or air service and was discharged or released under conditions other than dishonorable." This definition encompasses a broad range of individuals who have served in the military. It includes service in the United States Armed Forces and, in certain cases, service in the organized military or guerilla forces of the Government of the Commonwealth of the Philippines in the service of the United States Armed Forces.
However, there are a couple of conditions that may prevent veterans from qualifying for benefits. Firstly, a dishonorable discharge can disqualify a veteran from receiving benefits. Veterans with honorable discharges, discharges under honorable conditions, and general discharges will still be eligible for benefits, but those with dishonorable discharges will not.
Secondly, willful misconduct can affect eligibility. Willful misconduct refers to conscious wrongdoing or engaging in known prohibited actions. Veterans seeking VA benefits due to disabilities created by their own willful misconduct will be ineligible for those specific benefits. However, it is important to note that the burden of proof lies with the VA to demonstrate that the veteran's willful misconduct directly caused the disability.
If you are unsure about your eligibility for VA benefits, it is recommended to consult with a veterans' advocate or reach out to the Department of Veterans Affairs for clarification. Understanding your eligibility can open doors to valuable resources and support that you may be entitled to as a veteran.
Remember, being a veteran goes beyond combat or retirement status. If you have served in the military under conditions other than dishonorable, you may be eligible for VA benefits. Explore your options and ensure you receive the recognition and assistance you deserve for your dedicated service to our nation.
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
DEFINITION OF SERVICE CONNECTED. Las Vegas VA Disability Advocate
Service Connected Disability means a death or disability was incurred or aggravated during active service in the line of duty. Basically, you need to show that the original incident caused a particular condition for which you received treatment and how that treatment has continued. If you stop receiving treatment for a time, or if more than a year passes between the time you are discharged from service and you file your claim, proving the existence of a “nexus” becomes harder. Many denied veterans benefits are often the result of an inability to prove that a “Nexus” Exists.
- While a direct service connection can be established in any number of ways, this meaning of establishing service connection usually means that it is clear evidence of a disability, an incident that occurred while the the veteran was in service, and evidence of "linkage" between the two.
- Service Connection by Aggravation. In this type of claim, the veteran usually has some evidence that a condition existed before the veteran's time in service (usually an entrance examination), accompanied by evidence of an incident occurring in-service and again, evidence of linkage between the two.
- Service Connection by Legal Presumption. Certain conditions or diseases are presumed to be service-connected. There are lists of these conditions and their presumptive periods. Most of these conditions must manifest to a degree of 10 percent or more within one year from the date of separation.
- Secondary Service Connection. This type of service connection will occur when one disability is the result of another service-connected disability. One of the most famous cases are of a WW II veteran who was treated for tuberculosis with a medication known to cause hearing loss. In the Court of Appeals decision, the hearing loss was a disability with a secondary service connection.
- Connection due to injury caused by treatment in the VA healthcare system. 38 U.S.C. 1151 states that if a veteran is injured because of VA hospitalization, treatment, rehab or therapy that is not the fault of the veteran, the injury is treated as service-connected.
If you were denied your VA disability claim in 2019, your time to appeal is running out. The more complicated your VA claim is, the better the evidence you are going to need to be successful, Get the facts! Don’t let the complicated VA disability benefits appeal process scare you. The VA Disability Advocate handles VA Disability Claims in Hawaii, Las Vegas, San Diego and nationally. Call: 702-209-5722, www.VADisabilityAdvocate.com Albert L. Thombs Jr., VA Certified Agent, OGC Accreditation Number: 45147
Why Did My VA Claim Get Denied
Denials Commonly Result From These Areas:
- Not enough medical evidence to support your disability;
- Agreeing that you have a disability, but not finding enough evidence to show that it is connected to your military service;
- They may agree that you have a disability that is service-connected, but they might assign a rating that is too low for your actual symptoms;
- They may agree you have a disability, but find that is was pre-existing to your military service and not aggravated by your service.
- A VA appeal is separated into two main stages: (1) within the local VA office, and (2) continuing to the Board of Veterans’ Appeals in Washington, DC.
- The two most common reasons people appeal are: (1) VA denied you benefits for a disability you believe is related to service, or (2) you believe that your disability is more severe than VA rated it.
- Veterans disagreeing with a disability compensation decision must use VA Form 21-0958. The Notice of Disagreement form offers Veterans the choice between a "traditional" appeal to the BVA or a "de novo" review of their claim by a Decision Review Officer.
- Once you file a Notice of Disagreement, your local VA office will review your file again, prepare a written explanation of why your claim was denied, known as the Statement of the Case (SOC), and mail it to you.
- If you submit any evidence or request that VA obtains any evidence for you after receiving your Statement of the Case, you may receive a Supplemental Statement of the Case after your local VA office reviews that evidence.
- If you disagree with the Statement of the Case and would like to appeal to the Board of Veterans’ Appeals, file a Substantive Appeal. At this time, you can also choose whether you want an optional hearing before a Veterans Law Judge.
athombs@VADisabilityAdvocate.com
Gathering VA Disability Evidence, Call the Las Vegas VA Disability Advocate. VA Agent# 45147
- Military Medical Records – The Veteran has retained or acquired his/heir's Military Medical Records from Active Duty. (Form SF180)
- Military Personnel Records - Military personnel. Records can include DD 214s/Separation Documents, service personnel records found within the Official.
- Military Personnel File (OMPF), and medical records. Military personnel records can be used for proving military service or as a valuable tool in genealogical research (Form SF180)
- VA Medical Records - The Department of Veterans Affairs (VA) Release of Information (ROI) staff will be happy to assist you with requests for your VA Medical records.
- Private Medical Records – The Department of Veterans Affairs (VA) will ask you to provide the names, addresses and telephone numbers of all treating physicians and other health providers. You will also be asked to fill out forms allowing your medical providers to release private medical information to the Department of Veterans Affairs (VA).
- Lay Evidence – First-Hand Accounts
- Personal Statement – Tell your side of the story
- Buddy Statements – Statements from others soldiers who witness the event
- Family Statements – Statements from family to validate your impairment
athombs@VADisabilityAdvocate.com
How to Write Your Statement
- Discuss Alcohol and Drug Use - If you've used alcohol and drugs to cope with your PTSD symptoms, it’s ok to write about that. This is your chance to explain that you couldn’t handle having PTSD and that your alcohol or drug use began, or worsened after the stressful events occurred. You can also talk about whether you are now clean and sober and how long you have been in treatment, if applicable. If you still use alcohol and drugs, talk about why you do so, and how often. Again, this can be evidence of the impact PTSD is having on your life.
- Requesting Statements From Family Members or Friends - Your friends and family members have a special ability to describe how your life has changed as a result of traumatic events you experience while in the service. They can write about the person you were when you entered the service and the changed person you were when you returned home.
- Ask friends and family to describe in their statement what your personality was like before service and what is like now. Maybe you were outgoing and popular before, and now you are a recluse who does not like leaving the house. Or perhaps you were quiet and laid-back, and now you’re extremely angry a lot. Maybe you used to feel very close to your spouse, and now you are withdrawn from her (or him), or even abusive. Or perhaps you no longer feel that you are available for your children.
- All of these people can help by writing a statement giving examples of how your behavior has changed. Your child could say you used to help with homework and now you sit in front of the TV drinking. Your friends could describe how you don’t feel safe leaving the house, and everywhere you go you are always looking over your shoulder, on high alert. Your spouse could describe how you wake up terrified in the middle of the night from nightmares. Each person will need to describe their relationship to you, how long they have known you, and how much time you normally spend together. They should be as honest as possible and just let the facts about your behavior speak for themselves. Make sure they sign the letter and include their full name and address.
athombs@VADisabilityAdvocate.com
How to Talk to Your VA Doctor
- Take full advantage of your appointment, before an appointment! write down your question and medical concerns, this will help assure that you and your Dr. are on the same page. Make a practice of this!
- If you don’t understand something, ask your doctor to explain it again, your doctor may use technical terms and not realize they are unfamiliar or confusing to you unless you say something.
- Tell your doctor if something is bothering you, such as a pain, stress, and other symptoms. Don’t just wait to see if it goes away.
- Or, let your doctor know if you’re unsure about that surgery and want to hear about other treatment options.
- Be sure to tell your doctor about any current and past healthcare issues or concerns. It's important to share any information you can; personal information including whether you are stressed or if your life is changing…..even if you're embarrassed. You can create a “health journal” for yourself on paper or in a notebook, and bring it to your appointments.
- Don't be afraid to speak up. It's important for you to let your doctor know if you don’t understand something. If you don’t ask questions, your doctor will think you understand everything he or she has told you.
- Tell your doctor when you need more time to talk about something. If the doctor isn’t available to help, you should be able to talk to a physician assistant or a nurse. If no one else is available, see if you can schedule another appointment to continue your talk.
VA Disability Advocate - Things You Know About Your C&P Exam Before You Attend.
- THEY ARE MANDATORY: If there is one thing that I would like to remind all Veterans of is the importance of attending a C&P Exam. I have seen far too many Vets get denied because they simply didn’t attend their exam. Find any way possible to attend this exam.
- You will likely have more than one: Not only will you have an exam for each condition you file for but once the appeals process starts, you will likely have to go back again for the same condition. Often times Veterans have to have a C&P at every step in the process.
- You’re probably going to be upset after the exam. We work with Veterans all of the time, and we have been doing this for a while, so we know what happens at the exams. Frequently we hear stories from our clients about how the doctor was rude, didn’t fully examine We work with Veterans all of the time, and we have been doing this for a while, so we know what happens at the exams. Frequently we hear stories from our clients about how the doctor was rude, didn’t fully examine them or was just plain not interested in what you have to say. Not all VA examiners are like this, but some are, and that is why we are here. Because…
- We can get you an Independent Exam to combat what the VA says: We have a network of doctors set up that can independently evaluate you and give their honest medical opinion regarding your claims. This is in turn submitted to the VA to support your claim.
- You may not even be there: On occasion, your exam will simply consist of a doctor reviewing your files. This is often referred to as a “chart review.” While it is not always an ideal situation, it does not mean that you will get denied. Sometimes in-person exams are not necessary.
- It may not be at the VA: it’s possible to have a C&P exam at a non-VA location. For instance, the Winston Salem VA will occasionally contract their exams out to an organization called QTC. These are treated just like a regular C&P except they are just performed elsewhere.
- You may not even know about the exam: I’ve spoken to Veterans who have received notices in the mail to attend an exam a week after the appointment. If this occurs, or if you can’t attend on the date assigned, you can make arrangements to reschedule your exam.
athombs@VADisabilityAdvocate.com
VA Disability Advocate - Denied PTSD and MST Disability Claims
athombs@VADisabilityAdvocate.com
If you are unable to maintain substantially gainful employment as a result of your service-connected disabilities you may qualify for VA unemployability benefits.
- One service-connected disability ratable at 60 percent or more, OR
- Two or more service-connected disabilities, at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.
“Too many women veterans don't know that they are eligible for the full range of VA benefits.
- Breast and cervical cancer screenings
- Contraception
- Hormone replacement therapy
- Menstrual problems
- Menopause
- Urinary incontinence
- Sexuality
athombs@VADisabilityAdvocate.com