What is the Appeals Modernization Act?

What is the Appeals Modernization Act?

What is the Appeals Modernization Act?

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:

  1. Direct,
  2. Evidence, and
  3. 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.

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Should I Hire a VA Disability Lawyer?

Should I Hire a VA Disability Lawyer?

Should I Hire a VA Disability Lawyer?

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:

  1. Current diagnosis,
  2. In-service event, disease or injury, and
  3. 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: 

  1. When will I get to speak with my lawyer?
  2. Who will be my main point of contact?
  3. 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.

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Can I Get TDIU for Blue Water Agent Orange?

Can I Get TDIU for Blue Water Agent Orange?

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:

  1. Those who either set foot in Vietnam or served on boats patrolling inland waterways (also known as “Brown Water”), and
  2. 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.

  1. Chronic B-cell leukemia,
  2. Hodgkin’s lymphoma,
  3. Multiple myeloma,
  4. Non-Hodgkin’s lymphoma,
  5. Prostate cancer,
  6. Respiratory cancers, including lung cancer,
  7. Soft tissue sarcomas,
  8. Amyloid light-chain (AL amyloidosis),
  9. Chloracne,
  10. Diabetes mellitus type 2,
  11. Ischemic heart disease,
  12. Parkinson’s disease,
  13. Peripheral neuropathy, and
  14. 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.

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Additional Information

Blue Water Agent Orange Update – 2020

Blue Water Agent Orange Update – 2020

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

  1. Those who either set foot in Vietnam or served on boats patrolling inland waterways (“Brown Water” veterans), and
  2. 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:

  1. Chronic B-cell leukemia,
  2. Hodgkin’s lymphoma,
  3. Multiple myeloma,
  4. Non-Hodgkin’s lymphoma,
  5. Prostate cancer,
  6. Respiratory cancers, including lung cancer,
  7. Soft tissue sarcomas,
  8. Amyloid light-chain (AL amyloidosis),
  9. Chloracne,
  10. Diabetes mellitus type 2,
  11. Ischemic heart disease,
  12. Parkinson’s disease,
  13. Peripheral neuropathy, and
  14. 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.

Can I get VA 100% for Blue Water Exposure?

Can I get VA 100% for Blue Water Exposure?

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:

  1. current diagnosis,
  2. in-service event, disease or injury, and
  3. 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:

  1. Inland service in Vietnam between January 9, 1962 and May 7, 1975, and
  2. 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:

  1. Chronic B-Cell Leukemia,
  2. Hodgkin’s Lymphoma,
  3. Multiple Myeloma,
  4. Non-Hodgkin’s Lymphoma,
  5. Prostate Cancer,
  6. Respiratory Cancers, including Lung Cancer,
  7. Soft Tissue Sarcomas,
  8. Amyloid Light-Chain (AL Amyloidosis),
  9. Chloracne,
  10. Diabetes Mellitus Type 2,
  11. Ischemic Heart Disease,
  12. Parkinson’s Disease,
  13. Peripheral Neuropathy, and
  14. 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. 

Call Disability Help Group, 1-800-700-0652

Additional Articles You May Find Helpful

Additional Information

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.
How Are TBI and PTSD Rated Together?

How Are TBI and PTSD Rated Together?

VA Compensation Ratings

TBI and PTSD are frequently rated together. VA pays compensation to veterans for disabilities incurred in or aggravated during their active duty service. In short, there are 10 grades of VA disability compensation: 10%, 20%, 30%, 40%, 50%, 60%, 70%, 80%, 90%, and 100%. Therefore, the higher the disability rating, the higher the monthly compensation VA will pay to the veteran.  For example, a veteran with severe TBI and PTSD will probably receive a higher rating than a veteran with mild hearing loss.

Relations between TBI and PTSD

According to the Department of Defense, more than 313,816 service members have sustained a TBI in training or combat Traumatic brain injury (TBI) occurs when a sudden trauma causes damage to the brain. For instance, common causes of this kind of head trauma include blast-related concussion events resulting from training or combat.  On the other hand, PTSD is a psychiatric disorder that can occur in people who have experienced or witnessed a traumatic event. In most cases, veterans with TBI also develop PTSD from the same event.

Separate Ratings but Rated Together

In most cases, VA will award separate ratings for service-related TBI and PTSD.  However, VA will rate TBI and PTSD together – as a single disability – if they present with identical symptoms.  This is because VA cannot pay a veteran twice for the “same disability” or “same manifestation.” 

Are TBI and PTSD Distinct and Separate?

If VA finds that your PTSD and TBI are indistinguishable, it will assign one rating instead of two.  Therefore, in order to avoid the “same manifestation” issue, figure out which symptoms are from TBI and which are from PTSD. 

TBI causes dysfunction in 3 main areas:

  • Cognitive (such as decreased memory or concentration),
  • Emotional (such as anxiety, crying spells, or panic attacks), and
  • Physical (such as motor and sensory dysfunction, visual impairment, seizures, etc.).

PTSD symptoms fall into 4 categories

  • Intrusive thoughts such as repeated, involuntary memories, nightmares or flashbacks of the traumatic event;
  • Avoiding people, places, objects or activities that trigger traumatic memories;
  • Negative thoughts and feelings toward oneself or others; and
  • Arousal and reactive symptoms such as angry outbursts, reckless or self-destructive behavior, and having problems concentrating or sleeping.

Example Case: PTSD and TBI Rated Separately

Let’s say a Marine Corps veteran has TBI and PTSD due to an IED attack he suffered in Iraq and three of his buddies died in the attack.  As a result, he lost part of his left ear in the aftermath.  Today, his TBI presents with mostly physical dysfunctions, including seizures, loss of sense of smell, and inner-ear balance problems.  However, he also experiences frequent flashbacks of the attack.  Unfortunately, he has frequent suicidal thoughts and avoids people because he is racked with survivor’s guilt.  Because they have distinct and separate manifestations, VA will rate them separately.

 

However, some veterans with TBI and PTSD together only experience emotional/behavioral dysfunction.  In those cases, VA may assign one rating instead of two.  By law, VA must assign the higher of 2 applicable ratings.  So if your PTSD is at a 70% level but your TBI would only rate at 10%, VA would grant “PTSD with TBI” at 70%.

How VA Assigns Ratings for PTSD

The criteria for each VA disability rating for PTSD is listed here:

  • 100% = Total occupational and social impairment, due to such symptoms as:
    • gross impairment in thought processes or communication;
    • persistent delusions or hallucinations; grossly inappropriate behavior;
    • persistent danger of hurting self or others;
    • intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene);
    • disorientation to time or place;
    • memory loss for names of close relatives, own occupation, or own name
  • 70% = Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as:
    • suicidal ideation;
    • obsessional rituals which interfere with routine activities;
    • speech intermittently illogical, obscure, or irrelevant;
    • near-continuous panic or depression affecting the ability to function independently, appropriately and effectively;
    • impaired impulse control (such as unprovoked irritability with periods of violence);
    • spatial disorientation;
    • neglect of personal appearance and hygiene;
    • difficulty in adapting to stressful circumstances (including work or a work-like setting);
    • inability to establish and maintain effective relationships.

50% and lower

  • 50% = Occupational and social impairment with reduced reliability and productivity due to such symptoms as:
    • flattened affect;
    • circumstantial, circumlocutory, or stereotyped speech;
    • panic attacks more than once a week;
    • difficulty in understanding complex commands;
    • impairment of short- and long-term memory (e.g., retention of only highly learned ……….. material, forgetting to complete tasks);
    • impaired judgment;
    • impaired abstract thinking;
    • disturbances of motivation and mood;
    • difficulty in establishing and maintaining effective work and social relationships.
  • 30%= Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms   as:
    • depressed mood,
    • anxiety,
    • suspiciousness,
    • panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events).
  • 10% = Occupational and social impairment due to mild or transient symptoms which:
    • decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or;
    • symptoms controlled by continuous medication.
  • 0% = A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication.

How VA Assigns Ratings for TBI

VA divides the rating criteria for TBI residuals into 10 categories.  Veterans are then rated based on how severe the deficits are in each of these areas:

  1. Memory, attention, concentration and executive functions
    • Executive functions include goal setting, planning, self-monitoring, and flexibility in changing actions when they are not productive.
  2. Judgment
    • Is the veteran able to make reasonable decisions?
  3. Social interaction
    • How often does the veteran act appropriately in social situations?
  4. Orientation
    • Is the veteran aware of who, where, and when he is?
  5. Motor activities
    • Is the veteran able to perform previously learned motor activities (such as riding a bike)?
  6. Visual spatial orientation
    • Does the veteran get lost even in familiar surroundings?  Is he able to point at or name own body parts?
  7. Subjective symptoms
    • Symptoms that cannot be measured with objective tests, such as panic attacks and thoughts of suicide.
  8. Neurobehavioral effects
    • Examples include lack of motivation, verbal aggression, physical aggression, and lack of empathy.
  9. Ability to communicate
    • Can the veteran communicate either by spoken or written language?  Can he communicate basic needs?
  10. Consciousness
    • Is the veteran in a coma or a vegetative state?

VA Rates TBI residuals

VA rates these TBI residuals on a scale of 0, 1, 2, 3, or total.

  • 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 assign a percentage 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

Call Disability Help Group, 1-800-700-0652

Because memory deficits are common VA TBI residuals, a veteran should always have an advocate. We specializes in TBI cases and is here to answer your questions now.

Additional Information

FAQs

How does TBI effect you?

Traumatic Brain Injury (TBI) can cause cognitive (such as decreased memory or concentration), emotional (such as anxiety, crying spells, or panic attacks), and physical (such as motor and sensory dysfunction, visual impairment, seizures, etc.) problems.

Should I hire an advocate?

Absolutely. 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.