by Ken LaVan | Jan 21, 2020 | Veterans Disability
Blue Water Veterans get Agent Orange Benefits as of January 1, 2020, when the Blue Water Navy Vietnam Veterans Act of 2019 took effect.
What is 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. As a result, the spraying contaminated the food crops and water sources of both enemy combatants and nearby civilians. Unfortunately, our own troops have suffered the most of the collateral damage from Agent Orange use.
Dioxin
One of the most toxic byproducts of Agent Orange is called dioxin, which 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 Veterans previously did not get Agent Orange presumption
For over 2 decades, the Agent Orange presumption extended only to veterans who either set foot in Vietnam or served on boats patrolling inland waterways (also known as “Brown Water”). This excluded thousands of veterans who served on Navy ships offshore during the same period.
Which Navy ships were likely exposed to Agent Orange?
VA 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:
- 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 Due to Agent Orange Exposure?
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?
The Blue Water Navy Vietnam Veterans Act of 2019 took effect, January 1, 2020. 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?
Agent Orange and other herbicides used in Vietnam were used, tested, and stored around the world, including some military bases in the United States. If you served at the following locations in the respective time frames, then you were likely exposed to Agent Orange:
- 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.
What if VA Denied My Claim?
Keep fighting! Blue Water Navy Vietnam veterans are finally eligible for the same presumptions as those who served inland. The VA’s previous denial does not mean that you don’t deserve benefits. 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
You may be entitled to significant compensation.
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by Ken LaVan | Jan 20, 2020 | Veteran Disability FAQ, Veterans Disability
What is Blue Water and Why Does it Matter?
Blue Water Agent Orange Update 2020. 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 (“Brown Water” veterans), and
- Those who served on ships off the coast of Vietnam (“Blue Water” veterans).
The Brown Water 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.
Until recently, this easier path was not available to Blue Water veterans. However, on January 29, 2019, this all changed for the better.
The Case that Changed Blue Water Agent Orange
Blue Water Agent Orange Update – 2020. Alfred Procopio Jr. served on the USS Intrepid during the Vietnam War era. He developed at least 3 of the 14 presumptive conditions covered by the Agent Orange Act. Naturally, he filed claims based on his belief they were caused by in-service exposure to herbicides. VA repeatedly denied his claims because he was a Blue Water veteran. But Mr. Procopio refused to give up. He appealed his case all the way to the U.S. Court of Appeals for Veterans Claims (CAVC). After the CAVC rejected his appeal, he sought review in the Federal Circuit.
Blue Water Agent Orange Update – 2020
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 Federal Law Agent Orange Update 2020
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 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 Are Presumed Service Connected 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.
January 1, 2020, is When VA Starts Processing Blue Water Claims
What if VA Denied My Blue Water Claim Years Ago?
Many Blue Water Navy veterans gave up after VA kept denying their claims for lack of “boots-on-the-ground” service. However, if VA approves a new claim pursuant to the new federal law, then VA must grant the rating effective the claim that was previously denied. In a December 13, 2019 memorandum, VA’s Office of General Counsel confirmed that this will be VA’s interpretation for new Blue Water claims. Blue Water Agent Orange Update – 2020
Retroactive period, Blue Water Agent Orange Update – 2020
Let’s say you filed your first Blue Water Navy claim for ischemic heart disease in 1991. In 1992, VA then denied your claim because you did not serve on the landmass or internal waterways of Vietnam. You then hire Disability Help Group to help file a new Blue Water Navy claim on January 17, 2020. When VA grants your claim, it must be retroactive to the date of the 1991 claim. This amounts to a 29-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.
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FAQs
What are the 14 Blue Water Presumed Diseases?
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.
Should I hire an advocate?
Most importantly, you should hire a disability expert that has argued hundreds of VA Compensation claims.
What is a veterans disability advocate?
A veterans disability advocate represents you before the VA. Hire a representative that has argued similar fact patterns to your case.
by Ken LaVan | Jan 18, 2020 | Veteran Disability FAQ, Veterans Disability
Can I get VA 100% for Blue Water Exposure? Yes. Thanks to the Blue Water Navy Vietnam Veterans Act of 2019 and the Agent Orange Act of 1991, certain diseases are presumed to be related to in-service exposure to herbicides (including Agent Orange).
Generally, a veteran must prove 3 elements for service connection
Before VA will assign a rating for a disability, a veteran must first prove the disability is related to service. In general, VA will grant disability compensation if the following elements are met:
- current diagnosis,
- in-service event, disease or injury, and
- medical nexus between the first 2 elements.
Special rule, Agent Orange Act of 1991
Instead of proving the 3 elements listed above, a veteran only needs to prove:
- Inland service in Vietnam between January 9, 1962 and May 7, 1975, and
- A diagnosis of one or more of the 14 presumptive conditions.
Limitation of Agent Orange Act of 1991
For over 2 decades, this presumption extended only to veterans who either set foot in Vietnam or served on boats patrolling inland waterways (also known as “Brown Water”). This excluded thousands of veterans who otherwise would have received VA 100% due to blue water exposure while serving on Navy ships offshore during the same period.
Major win for veterans, Blue Water Navy Vietnam Veterans Act of 2019
Everything changed on January 1, 2020, when the Blue Water Navy Vietnam Veterans Act of 2019 took effect. As a result, VA extended Agent Orange presumptions to veterans who served in the offshore waters of Vietnam, permitting veterans to get VA 100% for Blue Water Exposure.
What does the Blue Water Navy Vietnam Veterans Act Mean?
The Blue Water Navy Vietnam Veterans Act requires VA to treat your Vietnam Agent Orange claims as if you served “boots-on-the-ground”. If you have any of the 14 presumptive disabilities, and you served on a blue water ship that operated within 12 nautical miles of Vietnam, then you may be entitled to VA 100%.
Presumed Disabilities Caused By Blue Water Exposure
VA presumes that the following conditions are related to blue water 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.
Which Presumptive Disabilities Can Be Rated VA 100% Due to Blue Water Exposure?
Below is the list of presumptive disabilities that can be rated VA 100% for Blue Water Exposure. Firstly, the criteria tells VA which ratings it may assign depending on how severe the symptoms are. Secondly, the Schedule tells VA the maximum ratings for each disability. Thirdly, VA may only assign a 100% rating for 10 of the 14 presumptive disabilities.
Chronic B-cell Leukemia
VA will assign a 100% rating while the leukemia is active or during a treatment phase. This rating continues for six months after the last treatment. When the six-month period expires, VA will rate it as either anemia or aplastic anemia, whichever would result in the greater benefit. Under DC 7700 for anemia, VA will grant a 100% rating for the following symptoms:
- Hemoglobin level at 5gm/100ml or less, with findings such as high output congestive failure or dyspnea at rest.
Under DC 7716 for aplastic anemia, a 100% rating is warranted if it:
- Requires bone marrow transplant,
- Requires transfusion of platelets or red cells at least once every six weeks, or
- Infections recurring at least once every six weeks.
Hodgkin’s Lymphoma, Multiple Myeloma, Non-Hodgkin’s Lymphoma, Prostate Cancer, Respiratory Cancers (including Lung Cancer), Soft Tissues Sarcomas
VA rates these Blue Water presumptive cancers identically. In short, VA will grant a 100% rating for any one of these cancers while it is active or during a treatment phase. This rating continues for six months after the last treatment. Thereafter, VA will schedule an examination to assess the appropriate rating.If the disease does not become active again, VA will rate it based on the residuals.
Amyloid Light-Chain (AL Amyloidosis)
AL Amyloidosis is a rare disease that occurs when an abnormal protein builds up in organs such as the heart, kidneys, liver and spleen. There is no cure to AL Amyloidosis, which subsequently can lead to life-threatening organ failure. VA will assign a 100% rating for this disability regardless of the current symptoms.
Diabetes Mellitus Type 2
Depending on the symptoms, VA may assign either 10%, 20%, 40%, 60%, or 100% for diabetes mellitus type 2. As a result, VA will grant a 100% rating for Blue Water Navy veterans if they require:
- More than one daily injection of insulin,
- A restricted diet,
- Regulation of activities (avoidance of strenuous
activities),
- Either 3 hospitalizations per year OR weekly
visits to diabetic care provider due to episodes of ketoacidosis or
hypoglycemic reactions, and
- Treatment for progressive complications such as
loss of weight or strength.
Ischemic Heart Disease
VA will assign a 100% rating if any of these requirements are met:
- Chronic congestive heart failure;
- workload of 3 METs or less results in dyspnea, fatigue, angina, dizziness, or syncope; or
- left ventricular dysfunction with an ejection fraction of less than 30%.
Examples of disabilities not eligible for 100% Rating
There are four diseases you cannot get a VA 100% rating for Blue Water Exposure. For example, the maximum rating for chloracne is 30%. Another example is peripheral neuropathy, which maxes out at 80%. VA may grant no more than 60% for porphyria cutanea tarda. And then there is the rating criteria for Parkinson’s disease. It starts with a minimum of 30%, but VA may grant additional ratings if there are severe residuals such as difficulty swallowing, speech problems, and bladder control problems.
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FAQs
What are the 14 Blue Water Presumed Diseases?
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.
Should I hire an advocate?
Most importantly, you should hire a disability expert that has argued hundreds of VA Compensation claims.
What is a veterans disability advocate?
A veterans disability advocate represents you before the VA. Hire a representative that has argued similar fact patterns to your case.
by Ken LaVan | Jan 15, 2020 | Veterans Disability, Veteran Disability FAQ
If you do not understand how VA rates or weighs TBI residuals this article will help.
Are Your VA TBI Residuals Related to Service?
Before VA will assign a rating for TBI, it must first determine whether it is related to service. The question is whether VA should award service connection for TBI. Generally, VA will deny service connection for TBI unless the following elements are met:
- Proof of a current diagnosis,
- Proof of an in-service event, disease or injury,
and
- Proof of a medical nexus between the first 2
elements.
Do you have a current TBI diagnosis
If you file a claim for TBI without a confirmed diagnosis, then you should expect VA to deny the claim. It is not enough for the veteran to say they have VA TBI residuals. Before VA will rate TBI, it must confirm that it has been medically diagnosed. For VA purposes, only one of the following specialties can diagnose TBI:
- Neurologist,
- Neurosurgeon,
- Physiatrists, or
- Psychiatrist.
Traumatic brain injury (TBI) occurs when a sudden trauma causes damage to the brain. If you had sudden head trauma during service, you may have VA TBI residuals in the following areas:
- Cognitive (such as decreased memory, concentration, or attention),
- Emotional/behavioral (such as anxiety, crying spells, short temper), or
- Physical (such as seizures or balance problems)
If you have any of these symptoms, then you should probably get checked for a TBI. To prove the current diagnosis element, one of the approved specialties must provide the diagnosis.
In-service event, disease or injury
According to the Department of Defense, more than 313,816 service members have sustained a TBI in training or combat. Common causes of this kind of head trauma include blast-related concussion events resulting from training or combat. In fact, TBI is known as a signature injury of the Iraq and Afghanistan wars due to the frequency of IED attacks. However, a simple fall down a 10-foot ladder could also damage the brain.
If you cannot prove that your VA TBI residuals are related to service, then VA may assume that it happened after discharge. For this reason, it is critical that service members document any and all head injuries. Your case is much easier to win if head trauma is clearly documented in your service medical records. In the absence of official records, statements from witnesses would be helpful.
Medical nexus is required to prove VA TBI residuals
Proving the first 2 elements of the claim is not enough. To win a TBI claim, you still need medical evidence linking your current diagnosis to the in-service event. In most cases, a statement from your doctor can provide a medical nexus.
Fortunately, a medical nexus does not have to express 100% certainty. Instead, here is the question: is it at least a 50/50 chance that the TBI was caused by in-service head trauma? If your doctor’s answer is “Yes” and he provides a reasonable explanation, then you have your medical nexus.
Rating VA TBI Residuals
After VA concedes service connection for TBI, it turns to the rating percentage. The rating percentage determines how much money VA must pay to the veteran. The ratings for TBI residuals are covered in the VA Schedule of Ratings.
VA divides the rating criteria for VA TBI residuals into 10 categories. Veterans are then rated based on the level of severity and impairment in each of these areas:
- Memory, attention, concentration and executive
functions: Executive functions include goal setting, planning, self-monitoring,
and flexibility in changing actions when they are not productive.
- Judgment: Is the veteran able to make reasonable
decisions?
- Social interaction: How often does the veteran
act appropriately in social situations?
- Orientation: Is the veteran aware of who, where,
and when he is?
- Motor functions: Is the veteran able to perform
previously learned motor activities (such as riding a bike)?
- Visual spatial orientation: Does the veteran get
lost even in familiar surroundings? Is
he able to point at or name own body parts?
- Subjective symptoms: Symptoms that cannot be
measured with objective tests, such as panic attacks and thoughts of suicide.
- Neurobehavioral effects: Examples include lack
of motivation, verbal aggression, physical aggression, and lack of empathy.
- Ability to communicate: Can the veteran
communicate either by spoken or written language? Can he communicate basic needs?
- Consciousness: Is the veteran in a coma or a
vegetative state?
VA rates TBI residuals on a scale of 0, 1, 2, 3, or total. Each increment corresponds to a disability rating:
- 0 = 0% (normal functioning)
- 1 = 10% (mild)
- 2 = 40% (moderate)
- 3 = 70% (severe)
- Total = 100%
If any residuals of TBI are rated “total”, then VA will award a 100% rating. If no residual is rated “total”, then VA must rate based on the highest rated residual. For example, let’s say a veteran has TBI residuals in 3 out of the 10 categories. He has a 1 for Judgment, a 3 for Ability to Communicate, and a 2 for Orientation. In this example, VA will award 70% because 3 is the highest residual rating.
Get Help Now
Because memory deficits are common VA TBI residuals, a veteran should always have an advocate. Disability Help Group specializes in TBI cases and is here to answer your questions now.
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Common Questions
How does VA Rate TBI?VA rates TBI residuals on a scale of 0, 1, 2, 3, or total. Each increment corresponds to a disability rating. 0 = 0% (normal functioning); 1 = 10% (mild); 2 = 40% (moderate); 3 = 70% (severe); or Total = 100%.
How does VA review TBI residuals?VA divides the rating criteria for VA TBI residuals into 10 categories. Veterans are then rated based on the level of severity and impairment. For example, Neurobehavioral effects include lack of motivation, verbal aggression, physical aggression, and lack of empathy.
What medical nexus proves TBI?To win a TBI claim, you still need medical evidence linking your current diagnosis to the in-service event. In most cases, a statement from your doctor can provide a medical nexus.
by Ken LaVan | Jan 13, 2020 | Veterans Disability, Veteran Disability FAQ
What is Traumatic Brain Injury (TBI)?
Understanding the basics will help you learn how VA Rates TBI. Traumatic brain injury (TBI) occurs when a sudden trauma causes damage to the brain. According to the Department of Defense, more than 313,816 service members have sustained a TBI in training or combat. Common causes of this kind of head trauma include blast-related concussion events resulting from training or combat. In fact, TBI is known as a signature injury of the Iraq and Afghanistan wars due to the frequency of IED attacks. However, a simple fall down a 10-foot ladder could also damage the brain. Any veteran who suffered TBI during service should obtain a VA rating to fairly compensate for this significant injury.
Only Specific Doctors can Diagnose TBI
Because TBI involves damage to the brain, it may affect nearly every other body system. Any symptoms secondary to the initial brain trauma are called residuals. Before VA will rate TBI, it must confirm that it has been medically diagnosed. For VA purposes, only one of the following specialties can diagnose TBI:
- Neurologist,
- Neurosurgeon,
- Physiatrists, or
- Psychiatrist.
Ultimately, TBI is a medical question best answered by a doctor. However, a veteran and his family should be on alert if any common TBI residuals present themselves.
Common Residuals – VA Rates TBI
There are 3 main areas of dysfunction that may result from TBI:
- Cognitive (such as decreased memory, concentration, attention, and executive functions of the brain)
- Emotional/behavioral (such as anxiety, crying spells, panic attacks, short temper), and
- Physical (such as motor and sensory dysfunction, including pain, of the extremities and face; visual impairment; hearing loss and tinnitus; loss of sense of smell and taste; seizures; gait, coordination, and balance problems).
If you have any of these symptoms after a sudden hit to the head during service, then you should get checked for TBI immediately.
VA Rates TBI
After VA concedes service connection for TBI, it turns to the current TBI residuals. VA divides the rating criteria for TBI residuals into 10 categories. Veterans are then rated based on the level of severity and impairment in each of these areas:
Rating based on level of severity
- Memory, attention, concentration and executive functions: Executive functions include goal setting, planning, self-monitoring, and flexibility in changing actions when they are not productive.
- Judgment: Is the veteran able to make reasonable decisions?
- Social interaction: How often does the veteran act appropriately in social situations?
- Orientation: Is the veteran aware of who, where, and when he is?
- Motor functions: Is the veteran able to perform previously learned motor activities (such as riding a bike)?
- Visual spatial orientation: Does the veteran get lost even in familiar surroundings? Is he able to point at or name own body parts?
- Subjective symptoms: Symptoms that cannot be measured with objective tests, such as panic attacks and thoughts of suicide.
- Neurobehavioral effects: Examples include lack of motivation, verbal aggression, physical aggression, and lack of empathy.
- Ability to communicate: Can the veteran communicate either by spoken or written language? Can he communicate basic needs?
- Consciousness: Is the veteran in a coma or a vegetative state?
TBI disability rating
- 0 = 0% (normal functioning)
- 1 = 10% (mild)
- 2 = 40% (moderate)
- 3 = 70% (severe)
- Total = 100%
If any residuals of TBI are rated “total”, then VA will award a 100% rating. If no residual is rated “total”, then VA must rate based on the highest rated residual. For example, let’s say a veteran has TBI residuals in 3 out of the 10 categories. He has a 1 for Judgment, a 3 for Ability to Communicate, and a 2 for Orientation. In this example, VA will award 70% because 3 is the highest residual rating.
Special Monthly Compensation -VA Rates TBI
If you are trying to get the most VA compensation for TBI, then do not stop at the standard rating criteria. Depending on the circumstances, a veteran may be entitled to Special Monthly Compensation for TBI. This would be in addition to any ratings VA assigns under § 4.124a.
How We Won This Case
We represented a 30 year-old combat veteran of the Army. He came to us with a 10% rating for residuals of TBI. After developing the case, we urged VA to rate his TBI residuals at no less than 70%. In addition, we discovered that his mother had been his primary caregiver since his return from military service. Among other duties, the veteran’s mother assisted with medication management, personal hygiene, reminding him of and taking him to appointments, and paying his bill. The local VA hospital had already appointed the mother as his VA caregiver. We argued that the record clearly showed the veteran has a permanent need for regular aid and attendance due to his TBI. In response, VA increased the TBI rating to 70% and granted Special Monthly Compensation at the (r)(2) rate. As a result, the veteran’s monthly payment changed from $264.02 to $8,343.91.
Get Help Now
Every C&P exam involves the doctor asking questions of the veteran. The doctor relies on the veteran to explain his symptoms, some of which may not present or observable on the day of the exam. Because memory deficits are common TBI residuals, a veteran should attend C&P exams with a spouse, family member, or friend who knows them well. They can fill in the blanks if the veteran is unable to either remember or communicate certain residuals during the exam.
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