The Appeals Modernization Act has reduced the average time to receive a VA disability decision. Older claims typically took 3-7 years to receive a decision. In order to address this issue, Congress passed the VA Appeals Modernization Act in 2017. On February 19, 2019, VA officially implemented this new law. As a result, VA’s new goal is to complete claims and appeals in an average of 125 days. This reflects VA’s renewed focus to deliver timely decisions to veterans and their survivors.
The VA Disability Claims Process Applying the Appeals Modernization Act
Filing an Original VA Disability Claim
The Appeals Modernization Act applies if you have already applied for VA Disability Benefits. Therefore, if you are filing an Original Claim it will not apply at the time of filing. If you never filed a VA claim before, then you’ll need to file an Original claim. Per VA rules, you can only file an original claim using a VA Form 21-526EZ. The form asks for your Social Security number, dates of active duty service, branch of service, and other biographical information. Most importantly, you must briefly explain why your claimed disability is related to your active duty service.
Filing a VA Disability Supplemental Claim
When VA denies a claim, it must explain why. VA has always had this duty. However, the Appeals Modernization Act has enhanced this duty in the veteran’s favor. As of February 19, 2019, VA must explain to the veteran which elements he successfully proved. With that knowledge, a veteran should focus on getting evidence for the unproven element(s). This New and Relevant evidence could change VA’s mind. A veteran who obtains such evidence should submit it to VA with a Supplemental Claim.
Take the example of Joe Smith
Joe served in the Coast Guard for 3 years. In 1991, he filed an Original claim for PTSD. In a 1993 decision, VA denied the claim because there was no current diagnosis of PTSD. Joe was so discouraged by this decision that he did not file an appeal. During a 2019 visit to the local VA hospital, doctors diagnosed Joe with PTSD. Unsure of what to do, Joe contacted DHG for a free consultation. The experts at DHG agreed to represent him in a Supplemental Claim. DHG filed a completed VA Form 20-0995 on Joe’s behalf, along with a copy of the current diagnosis. Four months later, VA granted his PTSD claim at a 70% rating.
Appeals Modernization Act: Filing a Higher Level Review
This path improves on the Decision Review Officer (DRO) lane from the legacy system. The main difference is that if the claimant requests a telephonic hearing in Higher Level Review, VA must grant it. In the DRO lane, VA could reject a request for a telephonic hearing for any reason. Thanks to the Appeals Modernization Act, VA cannot delay your right to a hearing.
Sometimes, VA denies a claim even though it has evidence to satisfy all 3 elements. Either VA overlooked evidence, or it misunderstood the law it applied to the case. In either scenario, it’s not that the veteran failed to prove his case. VA just made a mistake. If VA’s decision is infected by that kind of mistake, then your best bet is to file a Request for Higher Level Review. This path involves an experienced VA adjudicator checking a Rating Decision for errors. This adjudicator may issue a revised Rating Decision that corrects these errors. And it does not require new evidence.
Appeals Modernization Act, but with slightly different facts
In this example, assume Joe filed an Original claim for PTSD in 1991. He filed the claim with a copy of a 1991 PTSD diagnosis and his service treatment records, which showed an in-service diagnosis related to a combat incident. In a 1993 decision, VA conceded all other elements were met except the diagnosis. Joe became discouraged and gave up. Years later, he asked a DHG rep to review his case. The DHG rep noticed that VA overlooked the 1991 PTSD diagnosis. DHG immediately filed a Request for Higher Level Review on VA Form 20-0996. DHG also attached a two-page argument that explained the legal errors. Five months later, VA issued a revised Rating Decision that granted his PTSD claim effective 1991. This is the benefit of the Appeals Modernization Act.
Filing a Notice of Disagreement to the Board of Veterans’ Appeals (BVA), using Appeals Modernization Act
What do you do if VA denied your Original Claim, Supplemental Claim, and Request for Higher Level Review? Your next option is go over their heads to the Board of Veterans Appeals. VA Form 10182 gives you 3 lanes:
Direct,
Evidence, and
Hearing
The Direct lane is for cases where all evidence and legal argument is already in VA’s records. The Evidence lane gives you 90 days to provide additional evidence. The Hearing lane gives you the right to make your case directly to a Veterans Law Judge. In the Hearing lane, you also have 90 days after the hearing to submit additional evidence.
Disability Help Group, Call Now for a Free Case Review, 800-700-0652
Allow us to help you win the most money you can receive in the faster manner possible. You may be entitled to significant compensation that you were not even aware of. Contact us now for a free consultation, 800-700-0652.
You should hire a VA disability lawyer, especially from https://www.lipconlawfirm.com/truck-accidents/. With a budget over $217 billion, the U.S. Department of Veterans Affairs (VA) is one of the largest federal agencies. VA’s disability benefit program was intended to be veteran-friendly. However, for most veterans, applying for VA benefits is a long and frustrating process. A veteran who represents himself is at a huge disadvantage. There are hundreds of rules and regulations about the veteran’s rights and VA’s duties. The process becomes even tougher when VA sends mixed messages, requests information it already has, or issues a decision that completely ignores the evidence.
Do You Have the Expertise?
Most veterans have not studied VA disability law. Even fewer veterans follow the Federal court cases that change the law every year. But without that knowledge, many VA claims are doomed to fail. A VA Disability Attorney’s knowledge and experience can make all the difference. Specifically, an attorney, especially the professionals from https://www.denvercocriminaldefenselawyer.com/, can determine exactly how to turn a loss into a win.
Who Needs a VA Disability Lawyer?
Beeman Heifner Benge – Personal Injury Lawyers says that in this fight, a veteran needs someone who is aiming for the same target. That’s why many of our clients left previous arrangements. Before hiring DHG, many of our veteran clients did not have a VA disability attorney. Some represented themselves. They learned very quickly that VA didn’t share the same urgency and had a different result in mind. Others were represented by a Veteran Service Organization (VSO) such as DAV or American Legion. Because they work out of VA facilities, there is a perceived conflict of interest. Does a VSO work for VA or the veteran?
What is a VA Disability Lawyer’s Role?
Your VA disability claim is too important to risk. When you hire a VA Disability Attorney, you’re hiring your own specialist to get the job done. Most of them work for a contingency fee. They don’t get paid unless they win past-due benefits for the veteran. And because the contingency fee is usually a fixed 20%, the attorney has every incentive to win the largest possible award. Plus, the attorney-client relationship ensures he/she is on your side. Both you and the attorney would be aiming at the same target.
An experienced VA Disability Attorney knows VA’s written and unwritten rules has the knowledge to prepare a game plan to best achieve your objective. Working together with your attorney, you have a better chance to hit your target.
When Should I Hire a VA Disability Lawyer?
Immediately! The earlier you can prove your case the faster you can receive your VA disability benefits. In addition, the VA Disability Lawyer will be able to analyze your disability onset date and make sure you receive the maximum back benefits, according to an experience elder abuse law firm Chicago. Generally, a veteran must prove the following to win a VA disability claim:
Current diagnosis,
In-service event, disease or injury, and
Medical nexus between the first 2 elements.
If you don’t have a medical diagnosis, then you need to see your doctor. Only licensed medical professionals can diagnose medical conditions. Attorneys cannot do so. However, if VA denies your claim for any of these reasons, you should probably hire a VA Disability Lawyer:
Negative medical nexus (“less likely than not”),
No documented proof of in-service event, disease or injury, , or
VA ignored evidence proving all 3 elements.
Which VA Disability Lawyer Should I Hire?
VA Accreditation
Only attorneys who have been accredited by VA can represent veterans in disability cases, as a result, VA holds Disability Lawyers to a high ethical standard. Accreditation reflects VA’s standard for responsible, qualified representation of this nation’s veterans. A searchable database of VA accredited attorneys, claims agents and VSOs is available here.
Experience
Experience makes a world of difference. Since 1993, the National Organization of Veterans’ Advocates (NOVA) has been the leading organization for training and support of VA Accredited representatives. At Disability Help Group, our representatives are long-standing NOVA members. You know what you are looking for, the https://www.sweetesq.com/car-accidents/ has all details you need and you can choose your lawyer easily.
Speak to The Lawyer
There are many firms out there that you never get to speak with the attorney. At Disability Help Group our representative will talk to you and be your main contact during your entire case. When you hire an attorney you should ask:
When will I get to speak with my lawyer?
Who will be my main point of contact?
How many cases has my lawyer won?
Disability Help Group, Call Now for a Free Case Review, 800-700-0652
Has VA ever denied your case? You may be entitled to significant compensation. Contact us now for a free consultation.
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.
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.
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.
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.
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.
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.
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.
