by Ken LaVan | Jan 31, 2020 | Veterans Disability
VA will award 100 Percent Permanent & Total disability benefits if the following criteria are met: 1) The veteran has a disability rated at 100%, and 2) Medical evidence shows that this disability is not likely to improve during the veteran’s lifetime.
Total Disability
Before you can prove entitlement to Permanent and Total disability benefits, you first need a total disability. For VA purposes, a total disability is one with a 100% rating. In general, VA will approve a 100% rating for any service-related disability that completely impairs the veteran’s ability to work. However, the criteria for a 100% rating varies depending on the specific disability. All rating criteria is listed in the Schedule of Ratings, which contains specific breakdowns of the symptoms represent a 100% rating.
VA 100 percent total
For some disabilities, VA cannot assign a 100% rating. For example, the Schedule of Ratings provides for a maximum rating of 10% for tinnitus (ringing in the ears). Chloracne, a skin condition associated with Agent Orange exposure, has a maximum rating of 30%. But there are many others for which VA may grant a 100% rating. At Disability Help Group, we have secured 100% ratings for hundreds of our veteran clients. Here are five of the most common disabilities VA rates at 100%:
- Psychiatric disorders such as PTSD,
Schizophrenia, Anxiety, and Depression
- Traumatic Brain Injury (TBI)
- Congestive heart failure
- Prostate cancer
- Respiratory cancers
As with most rules, there are exceptions. Regardless of the percentage, VA will deem certain disabilities Permanent & Total. Examples include the loss or loss of use of both hands, both feet, or sight in both eyes. In addition, VA would probably award Special Monthly Compensation.
Permanent Disability
After you secure a 100% rating, the question is: is this total disability also permanent?
A permanent disability is one that is unlikely to improve during the veteran’s lifetime. Because this is a medical question, VA will not accept the veteran’s own opinion. Instead, your treating doctor is in the best position to give an opinion on the likelihood of improvement. Ask your doctor whether your 100% disability is likely to improve during your lifetime. If the answer is no, then ask your doctor to put this opinion in writing. VA will most likely defer to your doctor’s opinion and award Permanent and Total disability.
VA 100 Percent Permanent and Total Disability Benefits
Although the terms “Permanent” and “Total” are often discussed together, it is possible to have a permanent disability that is not totally disabling. For example, a veteran may have a permanent disability (such as PTSD) at 70%. Her PTSD is not “Total” because it is less than 100%. On the other hand, you can have a total disability that is not permanent. For example, the same veteran’s PTSD may be temporarily rated at 100% during hospitalization for a suicide attempt. When his symptoms improve enough for the hospital to discharge him, VA would assign a lower rating to reflect the level of improvement.
What If VA Denied My Claim?
Call Disability Help Group for a Free Case Review, 800-700-0652
Case Studies, Disability Help Group
Case Study 1
A 50 year-old Gulf War combat veteran filed a claim for PTSD in 2009. In 2010, VA denied the claim despite the Combat Action Ribbon noted on his DD Form 214. After significant development, we won the case on appeal. The medical evidence proved that he met the criteria for a 100% rating. His symptoms included unprovoked irritability with periods of violence, impaired impulse control, audio hallucinations, and panic attacks more than twice per week. They were so severe that he could not hold a job. In addition, his doctor wrote that his symptoms would only get worse throughout his lifetime. VA awarded a Permanent and Total disability for PTSD.
Case Study 2
A 57 year-old Marine Corps veteran lost his wife to a deadly car accident. This happened 3 months into his active duty service. He was never the same after that accident. He was diagnosed with schizoaffective disorder, depressive type. Unfortunately, he turned to drugs and alcohol to self-medicate his symptoms. He was homeless for many years. When he filed a compensation claim, VA branded him a drug addict. At the local VA hospital, he met another veteran who referred him to DHG. DHG developed medical evidence, a lay statement from the veteran, and legal arguments. DHG also submitted a medical opinion from a private psychiatrist, who recommended a total and permanent rating based on the medical evidence. Shortly afterwards, VA awarded a Permanent and Total disability rating for schizoaffective disorder.
Additional Articles You May Find Helpful
by Ken LaVan | Jan 31, 2020 | Veterans Disability
Yankee Station Agent Orange – Blue Water veterans can now get presumptive service connection.
The Yankee Station
Yankee Station was a fixed coordinate off the coast of Vietnam where U.S. Navy aircraft carriers and support ships loitered in open waters. Starting in April 1964, it was initially located at 16 degrees North latitude, 110 degrees East longitude. However, with a massive increase in operations over North Vietnam in 1966, the military moved Yankee station about 145 miles northwest. During the Vietnam War, Yankee Station served as a launch site for air strikes over North Vietnam where the aircraft carriers of Task Force 77 played a leading role in these strikes.
Yankee Station was the northern Blue Water Navy staging area. Its southern counterpart, Dixie Station, was in the South China Sea off the Mekong Delta. The Yankee Station remained in use until August 1973.
Blue Water Navy
The Blue Water Navy refers to ships designed for open-ocean sailing. The most perfect example of a Blue Water navy ship is the aircraft carrier, which can easily sail across an ocean but is less able to travel on inland waters. Several aircraft carriers of the Seventh Fleet operated at Yankee Station. In addition, numerous smaller ships assisted the carriers with support operations.
Yankee Station & Dixie Station
At any given time, Yankee Station and Dixie Station included by two to four active duty carrier groups. Carrier crews varied in size depending on the class of the ship, but each carrier required a crew of about 3,000 to 5,500 men. Therefore, thousands of sailors who served in the Blue Water Navy in Vietnam served aboard aircraft carriers.
Operation ranch hand, Agent Orange
During the Vietnam War, the United States military sprayed nearly 20 million gallons of various chemicals, including Agent Orange. Known officially as Operation Ranch Hand, this mission was designed to clear trees and plants. As a result, Agent Orange exposure has caused many health problems to those who came into contact with it. By passing the Agent Orange Act of 1991, the U.S. government conceded a relationship between herbicide exposure and 14 medical conditions. However, VA had interpreted this law to exclude Blue Water veterans who never set foot in Vietnam.
Effects of Agent Orange Exposure, Yankee Station
One of the most toxic byproducts of Agent Orange is called dioxin. Dioxin is a highly-persistent chemical compound that lasts for many years in the environment. Most human exposure is through food because dioxin accumulates in the fatty tissue of fish, birds and other animals. However, exposure is also possible through airborne transmission. Consequently, anyone who served at Yankee Station could have been exposed to Agent Orange.
VA presumes that the following conditions are related to exposure to herbicides such as Agent Orange:
- Chronic B-cell leukemia,
- Hodgkin’s lymphoma,
- Multiple myeloma,
- Non-Hodgkin’s lymphoma,
- Prostate cancer,
- Respiratory cancers, including lung cancer,
- Soft tissue sarcomas,
- Amyloid light-chain (AL amyloidosis),
- Chloracne,
- Diabetes mellitus type 2,
- Ischemic heart disease,
- Parkinson’s disease,
- Peripheral neuropathy, and
- Porphyria cutanea tarda.
In addition, VA presumes certain birth defects in children of Vietnam and Korea veterans are associated with Agent Orange exposure. Until recently, VA refused to grant claims secondary to Agent Orange exposure for Navy veterans who served exclusively at Yankee Station. However, January 1, 2020, this changed for the better.
Call Disability Help Group, 1-855-855-8992 , If You Were Exposed to Agent Orange at Yankee Station or while serving.
You were most like exposed to Agent Orange if you served on Yankee Station. Ships that fall into one of the following categories during the Vietnam War era probably qualify for Agent Orange exposure:
- primarily or exclusively on Vietnam’s inland waterways,
- temporarily on Vietnam’s inland waterways,
- docked to shore or pier in Vietnam,
- Vietnam’s close coastal waters for extended periods with evidence that crew members went ashore, and
- Vietnam’s close coastal waters for extended periods with evidence that smaller craft from the ship regularly delivered supplies or troops ashore.
Yankee Station Agent Orange Ships
The current list of Yankee Station Agent Orange Ships is available here, even if your ship is not listed, you can still prove exposure with the ship logs. Furthermore, you can find Navy deck logs at the National Archives site by clicking this link.
If you answer “Yes” to the following questions call us immediately:
- Did you serve on a Navy ship offshore Vietnam
between January 9, 1962 and May 7, 1975?
- While you were on board, did the ship come
within 12 nautical miles of the Vietnamese coast?
- Do you have one of the 14 disabilities VA
presumes related to herbicide exposure?
What If VA Denied My Claim?
Keep fighting! After fighting for over 20 years, Blue Water Navy Vietnam veterans are finally eligible for the same presumptions as those who served inland. Firstly, VA’s previous denial does not necessarily mean that you don’t deserve benefits. Secondly, VA may have misunderstood the law or overlooked evidence. Thirdly, you might need just one more piece of evidence to complete the puzzle. But the experts at Disability Help Group can guide you through the process.
Disability Help Group, Call Now for a Free Case Review, 855-855-8992
Has VA ever denied your Agent Orange exposure claim because you are a Blue Water Navy veteran? You may be entitled to significant compensation. Contact us now for a free consultation.
Additional Articles You May Find Helpful
by Ken LaVan | Jan 26, 2020 | Veterans Disability, Veteran Disability FAQ
Starting, January 1, 2020, veterans can get TDIU for Blue Water Agent Orange Exposure.
Blue Water update
During the Vietnam War, the U.S. military used herbicides such as Agent Orange to clear trees and plants. Unfortunately, herbicide exposure has caused a myriad of health problems to Vietnam veterans. By passing the Agent Orange Act of 1991, the government conceded a relationship between herbicide exposure and 14 medical conditions. However, VA interpreted the law to exclude Blue Water veterans of the Vietnam War. Veterans advocates have sought an update ever since.
For over 20 years after the Agent Orange Act, VA split disabled Vietnam veterans into 2 distinct groups:
- Those who either set foot in Vietnam or served
on boats patrolling inland waterways (also known as “Brown Water”), and
- Those who served on ships off the coast of
Vietnam (also known as “Blue Water” veterans).
Blue Water Navy Vietnam Veterans Act of 2019, Agent Orange Exposure
This all changed on January 1, 2020, when the Blue Water Navy Vietnam Veterans Act of 2019 took effect. For the first time, Blue Water veterans are entitled to the same presumptions as those who served inland. In addition, Blue Water veterans who could not support themselves due to Agent Orange exposure now have a path to TDIU.
What is TDIU, Exactly?
TDIU is a special benefit for veterans who cannot support themselves due to service-connected disabilities. To qualify, a veteran must meet certain requirements. First, a veteran must prove that he cannot earn a living because of service-connected disabilities. Second, those disabilities must meet the percentage requirements. If the veteran has only one service-connected disability, it must be rated 60% or higher. If the veteran has more than one service-connected disability, then at least one must be rated 40% or higher. Also, there must be “sufficient additional disability to bring the combined rating” to 70% or higher. 38 C.F.R. § 4.16(a). These rules apply regardless of whether the disabilities are due to Blue Water Agent Orange Exposure.
TDIU – Total disability and individual unemployability
Also known as Unemployability, TDIU pays the same monthly amount as a 100% disability rating. Under 2019 rates, VA will pay TDIU recipients a minimum of $3,057.13 per month tax free. Before you can get TDIU for Blue Water Agent Orange exposure, you have to have a qualifying disability at a high enough rating.
Agent Orange is not a disability in of itself
Agent Orange exposure is not a disability in of itself; it causes disabilities. If you don’t have a diagnosed disability yet, then any VA claim would be premature. If you suspect you have a disability, then ask your doctor to confirm.
- Chronic B-cell leukemia,
- Hodgkin’s lymphoma,
- Multiple myeloma,
- Non-Hodgkin’s lymphoma,
- Prostate cancer,
- Respiratory cancers, including lung cancer,
- Soft tissue sarcomas,
- Amyloid light-chain (AL amyloidosis),
- Chloracne,
- Diabetes mellitus type 2,
- Ischemic heart disease,
- Parkinson’s disease,
- Peripheral neuropathy, and
- Porphyria cutanea tarda.
By law, VA can only assign up to a 30% rating for chloracne and Parkinson’s disease. For the 12 other conditions, VA may assign ratings of 60% or higher if the symptoms are severe enough.
A few examples of how VA would decide TDIU claims based on Blue Water Agent Orange exposure:
Case Study 1: VA 100% blue water agent orange exposure
A Blue Water Vietnam veteran served on the USS Intrepid CVS-11 during the applicable time period. About 25 years after service, his doctor diagnosed him with congestive heart failure. As a result of the congestive heart failure, the veteran was forced to stop working. The veteran filed a claim for TDIU and congestive heart failure secondary to Agent Orange Exposure. Because congestive heart failure fits the definition of ischemic heart disease, VA would likely grant a 100% rating. VA would then declare TDIU moot because it pays the same as a 100% rating.
Case Study 2: TDIU blue water agent orange exposure
A Vietnam-era Navy veteran served on the USS Bronstein DE-1037 during the period. About 15 years after service, he developed chronic b-cell leukemia. As a result, he stopped working and hired a full-time home healthcare aide. He filed a claim for TDIU and b-cell leukemia secondary to Blue Water Agent Orange exposure. Here, VA would either grant the leukemia at 100% or grant TDIU.
Case Study 3: TDIU blue water agent orange exposure
A Vietnam-era Navy vet served on the USS Ajax AR-6. Due to peripheral neuropathy in both legs (rated 20% each) and residuals of prostate cancer (rated at 60%), he was forced to retire at 46 years old. His combined rating is 70% overall. The day after his retirement, he files a claim for TDIU. Because he meets all the criteria, VA would likely grant TDIU effective the last day he worked.
What If VA Denied My Claim?
Keep fighting! After fighting for over 20 years, Blue Water Navy Vietnam veterans are finally eligible for the same presumptions as those who served inland. VA’s previous denial does not necessarily mean that you don’t deserve benefits. VA may have misunderstood the law or overlooked evidence. Alternatively, you might need just one more piece of evidence to complete the puzzle. VA’s complex rules can make any veteran’s head spin. But the experts at Disability Help Group can guide you through the process.
Disability Help Group, Call Now for a Free Case Review, 800-700-0652
Has VA ever denied your Agent Orange exposure claim because you are a Blue Water Navy veteran? You may be entitled to significant compensation. Contact us now for a free consultation.
Additional Articles You May Find Helpful
Additional Information
by Ken LaVan | Jan 24, 2020 | Veterans Disability
Blue Water Navy News regarding agent orange exposure.
What is Blue Water Agent Orange?
What is Blue Water Agent Orange? During the Vietnam War, the U.S. military used herbicides such as Agent Orange to clear trees and plants. The military sprayed Agent Orange by aircraft, trucks, and hand-sprayers. It was very effective at removing foliage used by the enemy for cover and concealment. Unfortunately, the herbicides also contaminated food and water, which eventually caused diseases for both soldiers on the ground and sailors in the water. Blue water veterans are members of the Navy that served within 12 nautical miles of Vietnam.
Agent Orange Byproduct
One of the most toxic byproducts of Agent Orange is called dioxin. Dioxin is a highly-persistent chemical compound that lasts for many years in the environment. Most human exposure is through food because dioxin accumulates in the fatty tissue of fish, birds and other animals. However, you can also be exposed through airborne transmission.
Many health problems related to Agent Orange do not arise until years after service. The longer it takes a veteran to file an Agent Orange claim, the more likely VA is to deny it. If you are planning to file a claim many years after exposure, then you should hire an experienced representative to assist you.
Blue Water Navy News: Which Navy ships were likely exposed to Agent Orange?
Blue water navy news. VA has compiled a list of Navy and Coast Guard ships that were probably exposed to Agent Orange during the Vietnam War era. The list contains the following 5 categories of ships:
- operating primarily or exclusively on Vietnam’s inland waterways,
- operating temporarily on Vietnam’s inland waterways,
- docked to shore or pier in Vietnam,
- operating on Vietnam’s close coastal waters for extended periods with evidence that crew members went ashore, and
- operating on Vietnam’s close coastal waters for extended periods with evidence that smaller craft from the ship regularly delivered supplies or troops ashore.
Did you get sick because of Agent Orange exposure? Blue Water Navy News
In most circumstances, this is a medical question for your doctor. However, if you served in Vietnam or 12 miles offshore between January 9, 1962 and May 7, 1975, and you have any of the 14 disabilities, VA will concede a relationship to Agent Orange exposure:
- Chronic B-cell leukemia,
- Hodgkin’s lymphoma,
- Multiple myeloma,
- Non-Hodgkin’s lymphoma,
- Prostate cancer,
- Respiratory cancers, including lung cancer,
- Soft tissue sarcomas,
- Amyloid light-chain (AL amyloidosis),
- Chloracne,
- Diabetes mellitus type 2,
- Ischemic heart disease,
- Parkinson’s disease,
- Peripheral neuropathy, and
- Porphyria cutanea tarda.
What if I served in Vietnam but I never left the ship? Blue water navy news.
On January 1, 2010, the Blue Water Navy Vietnam Veterans Act of 2019 took effect. Blue water navy news – This law made it easier for the Blue Water Navy veterans and their families to get disability benefits due to Agent Orange exposure. If your answer to all of the following questions is “Yes”, then you are probably eligible for benefits under the Blue Water Navy Vietnam Veterans Act:
- Did you serve on a Navy ship offshore Vietnam
between January 9, 1962 and May 7, 1975?
- While you were on board, did the ship come
within 12 nautical miles of the Vietnamese coast?
- Do you have one of the 14 disabilities VA
presumes related to Agent Orange exposure?
What if I never served in Vietnam?
You were likely exposed to Agent Orange if you served in the following locations during these times:
- Korean Demilitarized Zone between April 1 1968
and August 31, 1971, and
- Perimeters of U.S. military bases in Thailand
between February 28, 1961 and May 7, 1975.
If you have an illness secondary to Agent Orange exposure, then you may be eligible for a VA cash payment every month. Contact us for a free consultation.
What If VA Denied My Claim?
Keep fighting! After fighting for over 20 years, Blue Water Navy Vietnam veterans are finally eligible for the same presumptions as those who served inland. VA’s previous denial does not necessarily mean that you don’t deserve benefits. VA may have misunderstood the law or overlooked evidence. Alternatively, you might need just one more piece of evidence to complete the puzzle. VA’s complex rules can make any veteran’s head spin. But the experts at Disability Help Group can guide you through the process.
Disability Help Group, Call Now for a Free Case Review, 800-700-0652
Has VA ever denied your Agent Orange exposure claim because you are a Blue Water Navy veteran? You may be entitled to significant compensation. Contact us now for a free consultation.
Additional Articles You May Find Helpful
Additional Information
by Ken LaVan | Jan 21, 2020 | Veterans Disability
Blue Water Navy Veterans can now take advantage of the Agent Orange Act of 1991.
Why is Agent Orange a Presumed VA Disability?
During the Vietnam War, the U.S. military used herbicides such as Agent Orange to clear trees and plants. Due to the toxicity and inherent danger of the herbicides, the Agent Orange Act of 1991 was passed, whereby certain diseases are presumed to be related to in-service exposure to herbicides (including Agent Orange). For over 20 years after the Agent Orange Act, VA split disabled Vietnam veterans into 2 distinct groups:
- Those who either set foot in Vietnam or served
on boats patrolling inland waterways (also known as “Brown Water”), and
- Those who served on ships off the coast of
Vietnam (also known as “Blue Water” veterans).
Brown Water Vietnam veterans enjoyed an easier path to VA disability benefits for certain disabilities. Specifically, VA’s policy was to grant compensation to any Vietnam veteran who could prove the following:
- Inland service in Vietnam between January 9,
1962 and May 7, 1975, and
- A diagnosis of one or more of the 14 specific medical
conditions.
On January 29, 2019, this all changed for the better for Blue Water Navy Veterans
On January 29, 2019, the U.S. Court of Appeals for the Federal Circuit concluded that the Agent Orange Act of 1991 also applied to Blue Water veterans. The Court found that the Act’s requirement for service in the Republic of Vietnam included both its landmass and its 12 nautical mile territorial sea. In short, VA had been misinterpreting the law for over 20 years. Because of VA’s mistake, it denied thousands of Agent Orange exposure claims involving Blue Water Vietnam veterans. The Procopio case drastically changed the game for Blue Water veterans. However, because court cases can be overturned, there was significant support in Congress to enact the Procopio holding into federal law.
Blue Water Navy Veterans Federal Law
On June 25, 2019, the President signed into law the Blue Water Navy Vietnam Veterans Act of 2019. It took effect January 1, 2020. This law made it easier for the Blue Water Navy veterans and their families to get disability benefits. In addition, it gave the same presumptions to veterans who served in or near the Korean Demilitarized Zone (DMZ) from September 1, 1967 to August 31, 1971.
Are you an Eligible Blue Water Navy Vietnam Veteran?
If your answer to all of the following questions is “Yes”, then you are probably eligible for benefits under the Blue Water Navy Vietnam Veterans Act:
- Did you serve on a Navy ship offshore Vietnam
between January 9, 1962 and May 7, 1975?
- While you were on board, did the ship come
within 12 nautical miles of the Vietnamese coast?
- Do you have one of the 14 disabilities VA
presumes related to herbicide exposure?
Which disabilities may be caused by Blue Water exposure?
VA presumes that the following conditions are related to exposure to herbicides such as Agent Orange:
- Chronic B-cell leukemia,
- Hodgkin’s lymphoma,
- Multiple myeloma,
- Non-Hodgkin’s lymphoma,
- Prostate cancer,
- Respiratory cancers, including lung cancer,
- Soft tissue sarcomas,
- Amyloid light-chain (AL amyloidosis),
- Chloracne,
- Diabetes mellitus type 2,
- Ischemic heart disease,
- Parkinson’s disease,
- Peripheral neuropathy, and
- Porphyria cutanea tarda.
If you have any of the 14 presumptive disabilities, and you served on a ship that operated within 12 nautical miles of Vietnam, then you may be entitled to disability compensation.
What if VA denied my Blue Water claim years ago?
Let’s say you filed your first Blue Water Navy claim for prostate cancer in 1990. In 1991, VA then denied your claim because you did not serve on the landmass or internal waterways of Vietnam. You then file a new Blue Water Navy claim on February 20, 2020. When VA grants your claim, it must be retroactive to the date of the 1990 claim. This amounts to a 30-year retroactive period.
Disability Help Group, Call Now for a Free Case Review, 800-700-0652
Has VA ever denied your Agent Orange exposure claim because you are a Blue Water Navy veteran? You may be entitled to significant compensation. Contact us now for a free consultation.
Additional Articles You May Find Helpful
Additional Information
