Jan Dils Veteran Disability

Something we are often asked by Veterans who are interested in representation is: “What sets you apart from this other organization, or why can’t I do this alone?” Well, we could spout off a lot of statistics and other random buzzwords, but when it comes down to it, we are willing to help you.

For instance, I overheard Jess, one of our case managers, talking to a Veteran about an application for Individual Unemployability. My position in the firm does not allow me to see much VA paperwork, (I engineered it that way) but I was curious about this form because the Veteran was asking a bunch of questions. Jess, who has filled out hundreds of these forms, was able to answer his questions like a pro.

I was so curious about this form; I decided to look it up via the VA website. “Surely it can’t be that difficult” I thought to myself. It turns out I was quite naïve. Some parts are easy, like the part where it asks for your name and VA file number, but then things get a little complicated.

Section 17 of the form appears to be the most troubling. Section 17 reads as the following: List all of your employment including self-employment for the last five years you worked. Jess stated that most Veterans who fill this form out on their own get this section wrong. They interpret section 17 as the past five years of their life, not the past five years you worked. She could tell I was confused, so she explained it to me like this: “It’s 2013. Let’s say you haven’t worked since 2005. The form wants to know your information from 2001 to 2005 then.” I understood. She went on to tell me that so many Veterans will leave that blank, or put that they have not worked because they don’t understand. That can possibly lead to the claim getting denied. So many Veterans who tried this claim on their own before they came to us make this mistake.

The rest of the form isn’t too bad, but it is pretty time consuming. This is just one form in the endless sea of paperwork that is VA Disability. To learn more about the services we offer, or to get a free consultation, give us a call today. Our toll free number is 1-877-526-3457. Fill this form out now, and we will give you a call.

What exactly is Chronic Fatigue Syndrome? I found myself asking this exact question when researching Gulf War Syndrome. After all, we all get fatigued from time to time. So, what exactly makes it “chronic?” I decided to check out the VA website, and they actually had some really helpful information.

According to the VA, Chronic Fatigue Syndrome, or CFS, is an unexplained, severe and persistent fatigue that is not helped by rest. There may be flu-like symptoms such as sore throat, swollen lymph glands, low-grade fever, headache, muscle pain, and poor sleep. CFS often limits the person’s previous ability to carry on daily activities.

From the above explanation we can tell this goes a lot further than just feeling tired from time to time. While it is difficult to diagnose, Gulf War Veterans who meet the criteria do not need to prove a connection between their military service and illnesses in order to receive VA disability compensation. However, just like with any condition, you have to submit medical evidence stating that you have complained of this to a medical professional,  sought treatment for it, and have a diagnosis of CFS.

While Chronic Fatigue Syndrome is just one aspect of Gulf War Illness, we have a lot of Veterans complaining of this specific issue. Even more alarming is the fact that so many of these younger Veterans are not aware that they can even file a claim for CFS. If you think you have CFS, speak to a medical professional as soon as you can, and then look into filing a claim. If you would rather not do this on your own, give us a call today for a free consultation. Or you can fill out this form and we will call you.

I personally never served in the military. I have a certain respect for anyone who has served, and that respect has been increased tenfold since working in a firm that deals with VA Disability Compensation. The only real frames of reference I have for a place like Iraq are Veterans I talked to, and films. Way before I worked here I watched the film “Jarhead” in the theater. There is one particular scene that sticks out in which the main character has to remove human waste from a facility and set it on fire. I remember thinking that “they probably didn’t put that in a recruiting ad.” I also thought that it probably wasn’t healthy to inhale all of the fumes from that waste. I was right.

It turns out that this isn’t the only thing Veterans may have been exposed to in Iraq. (This blog will discuss exposure for veterans who served during Operation Iraqi Freedom and Operation New Dawn March 19, 2003 – Dec. 15, 2011)

Sand, Dust and Particulates

 Tiny airborne matter that can cause respiratory and other health problems

 Burn Pits

 Open-air pit waste disposal at military sites

Infectious Diseases

 Nine infectious diseases associated with Southwest Asia and Afghanistan military service

Depleted Uranium

 Uranium used in military tank armor and some bullets

Toxic Embedded Fragments

 Shrapnel and other metals that remain in the body after injury

Noise

 Harmful sounds from guns, equipment, and machinery that is often experienced during military service

 Traumatic Brain Injury

 Concussions and brain injury often caused by explosions

 Rabies

 Disease transmitted by bite or saliva from an infected warm-blooded animal

Mefloquine - Lariam®

 Round, white pill taken to prevent and treat malaria

 Heat Injuries

 Possible health problems from extremely hot temperatures

 Sulfur Fire (Al Mishraq, Iraq)

 Sulfur plant burned almost a month in June 2003; large amounts of sulfur dioxide released into the air

 Chromium (Qarmat Ali)

 Hexavalent chromium in contaminated sodium dichromate dust; water treatment plant in 2003

 Occupational Hazards

 Exposures from working with chemicals, paints, and machinery during service

Why is it important to know why you were exposed to certain chemicals and objects? It is possible that you may have certain health issues associated with these exposures. It is always important to be aware of this in case you start having health problems later on in life. If you would like to know more about this subject, or learn about what our firm can do for you, give our office a call today. 1-877-526-3457.

Veterans always ask us “What’s the best way to win a claim?” The answer we often say is evidence. Often times that evidence is some sort of medical record or admin record from your claim file. However, those aren’t the only things you can submit to the VA. One tool that is often underused by Veterans is a Statement in Support of Claim. This blog will examine how the Statement in Support of Claim can help you win your case.

Statements can be used in a wide variety of situations. Let’s say the VA needs more evidence, and your medical records just aren’t enough to prove your condition. A Statement in Support of Claim may help prove your injury. We often find that this is helpful in situations with mental disabilities, like PTSD. In these cases, a statement may help prove your stressor. This can be done by describing a specific incident in detail, or describing the problems you are having as a result of the incident. The important thing in this situation is to be very detailed. A one line response is not likely going to get a better result.

Another thing we want to point out is that Statements do not have to be solely written by you. In fact, when it comes to physical injuries, “Buddy Statements” can be used to help prove an injury. For example, if you fell while serving and hurt your back, your testimony and medical evidence may not be enough to prove your case. However, it is rare for these incidents to happen when soldiers are by themselves. Chances are you were hurt in front of another soldier. Those who served, for the most part, stay connected with their fellow soldiers.  Contact your buddy and see if he remembers the incident. If so, he can write a statement describing what happened in detail.

When it comes to buddy statements, some Vets worry that their friends will be called in to testify during their hearings, and they don’t want to bother them. Keep in mind; VA claims are nothing like what you see on Law & Order. It’s nowhere near as glamorous. Often times after a buddy statement is submitted, that’s all your fellow Vet has to do.

Most of our younger clients don’t have any issues contacting those they have served with in the past. However, some of our older clients have lost contact with those they served with in the military. We have a few suggestions. For one, use a social media service like Facebook. It seems as if everyone uses it now and you can find people on there very easily. Also, try doing an internet search for your former unit or even the ship you were on. (If you served on a ship.) Units like this will often have reunions and other types of gatherings in which you can reconnect with those who served with you.

Overall, Statements can go a long way to help you get a favorable decision. To learn more, give us a call today for a free consultation. 1-877-526-3457. Or we can call you. Just fill out this form.

If you turn on the TV, read a newspaper, and especially scroll through your Facebook Timeline, you know that there is a VA backlog. We know it is an issue, and that it is going to be an issue for a while, but why is the VA taking so long?

The good news is that the VA, and the government as a whole, acknowledges that there is a problem. The VA is taking it seriously enough to address the backlog in the media, and via their website and social media accounts. While there is a lot of information out there already about what’s going on, most of it is opinion. We want to give our Veterans a little insight to what to expect with such a large backlog.

First of all, the VA states it hasn’t always been this bad. That is a very true statement. As a law firm that has handled VA claims since 2008, we have seen this get progressively worse over the years. Sure, claims have never been processed overnight, but what used to take 7-9 months now takes more than 18 months to process. The media and the VA state the number one reason for this time shift is the amount of claims being processed. This is an accurate statement, but it is not the only reason. Other things occurred over the past few years that contributed to the backlog. For one, the Nehmer laws contributed to the backlog in recent years. Without getting into the convoluted facts about the Nehmer case, it dealt with claims pertaining to Agent Orange exposure. A lot of cases that were once denied had to be reevaluated, and this took a lot of time.

The VA states that all of these new claims that are being filed by younger Veterans have more issues than in the past. According to the Associated Press, these new Veterans are claiming eight to nine ailments on average, and the most recent ones over the last year are claiming 11 to 14. By comparison, Vietnam veterans are currently receiving compensation for fewer than four, on average, and those from World War II and Korea, just two.

Another factor that contributes to the backlog is the fact that the VA is not paperless. For instance, at our firm, once we receive anything about your claim, it is scanned into a computer system, and any of the employees who work on VA claims can access your file. Within moments we can look at your claim file, we can see you most recent decisions, and even all of your medical evidence. This is organized into neat categories, and makes our process smooth. On the other hand, the VA is not paperless. They have physical files still. This is something that the VA is working on changing, but it will not happen overnight.

Any realtor will tell you it’s all about “Location, location, location.” (Or possibly now it’s more about finance.) Regardless, your location is still a major factor in the length of your claim. The following story is completely true. While writing this blog I received a call from a Veteran who lives in Maine. If you are like me, you forget that Maine is a state from time to time as it is pretty quiet for the most part. The Veteran assured me that it was indeed a real location, and that he received his initial decision, as well as a decision from an appeal within a year. I responded by asking him if he was sure, and he responded, “yes.” I then asked a follow up question:  “Are you positive?” Once again he responded by saying “yes.” I was a little stunned by this timeline. An initial decision and a decision from an appeal within a year? I spoke to our VA Manager Rhonda, and she stated that Maine is indeed a state, and that they are very quick. So, I had no choice but to conclude that the Maine Regional Office works harder than all of the others in the US. Rhonda responded to this statement by scolding me. She informed me that Maine has a lot fewer Veterans than North Carolina and West Virginia, and most other states. When hearing this news I thought of writing a blog informing all of the Veterans to move to Maine. Surely this would speed up their cases. I was once again wrong. Rhonda told me that moving slows down claims too. All of the aforementioned paper files from above have to be transferred from one office to the other. That is not as simple as shipping your file via UPS.

Another issue we see that will hold up a VA Claim is double dipping. Another way to put it is submitting the same piece of evidence multiple times. For instance instead of submitting multiple statements about an issue, submit one well thought out statement. Only submit multiple statements if you have had a substantial change. Also, submitting medical records multiple times can have the same affect. When you have representation like Jan Dils Attorneys at Law, they take care of submitting evidence for you.

While we have had some fun above, there is no question that this is a major issue for any Veteran. The backlog will likely be around for a while. Though we can’t speed up your case, there is still a lot we can do for your claim. Give us a call today for a free phone consultation, or ask to be contacted here.

It’s no secret that thousands of Veterans are struggling with posttraumatic stress disorder, or PTSD. One of the biggest struggles a Veteran encounters is getting Service Connected for this mental disability. Regardless if you served during Vietnam, Iraq, or even during peace time, just getting started can be an uphill battle. This blog will serve as a guide to those Veterans who want to start the process of getting service connected for PTSD.

A more condescending blog might start by saying the first step is recognizing that you have an issue. You obviously acknowledged this because you found this blog. The real first step in getting PTSD service connected is getting a diagnosis from a mental health professional. Many Veterans, especially our younger men and women, don’t know how to do this first step. It’s actually quite simple. If you are already seeking treatment at the VA you can simply ask to be evaluated for PTSD. The VA should then schedule you for an evaluation. Once that evaluation is complete, and if you received a diagnosis of PTSD, you can go forward with filing a claim for service connection. (We will discuss that in a later blog.)

Let’s say you don’t treat at the VA, or possibly, you don’t live near a VA facility, what can you do? You can get diagnosed from a private doctor. Most of us who aren’t Hollywood types don’t see a mental health professional on a regular basis, and in a lot of cases, you can’t just get an appointment with a psychologist. In this case, you can simply ask your family doctor for a referral. Your doctor should have no issues referring you to a mental health doctor who can evaluate you for PTSD.

As we are talking about PTSD anyway, I’d like to take a moment to address a myth. A lot of Veterans I speak to think that you have to be in combat to receive disability compensation for PTSD. That is simply not true. While I will admit that a combat Veteran is more likely to get this benefit, we have seen a lot of cases in which Veterans who served in peacetime, or never left the United States, were granted service connection for PTSD. Remember, Service Connection refers to disability that occurred while in service, as a result of your time in service, or made worse from your time in service. Many traumatic events from a Veteran’s time in service may cause PTSD. So, if you are a non-combat Veteran and experienced a traumatic event in service, you can still be granted service connection if you have a diagnosis from a mental health professional.  Why are we making such a big deal about getting diagnosed? To put it simply, the lack of a diagnosis will automatically result in a denial for a PTSD claim.

We realize that PTSD is not an easy topic to discuss for Veterans. However, if you would like to learn more about what our firm can do to get you service connected, give us a call today. 1-877-526-3457. Or tell us what is going on now.

Do doctors really know it all? I’d like to think that when it comes to practicing medicine they do. However, I was a little put off last time I saw my physician. When asking him about changing my medication, he pulled out an iPhone and started doing research. Whatever he Googled seemed to work though so I can’t be too upset. One area that most doctors aren’t familiar with is the VA Disability Process.

More often than not we have clients say something like “I just got back from the VA and my doctor said that not only am I 100%, I should also hear something back next month!”  That doctor must have magic powers or the ability to see into the future, because the people who make those decisions are called Decision Review Officers. We understand that a lot of our clients believe this because they trust their doctors. What a lot of people don’t realize is that the Medical side of the VA and the Administrative side are two separate entities. Doctors, and those who work for the hospitals, are medical professionals, and they don’t really have any interaction with your disability claim. On the other side, the administrative side, you have Decision Review Officers, and other people who will review your file and possibly see you during a hearing.  These people would never give you medical advice.

The Doctors often mean well when they give you advice for your claim, or say that you are likely going to get a decision back soon. However, they are not as familiar with the Disability Process as those who work for the administrative side of the VA. Think of it like this: I am a blog writer. If you want advice on how to optimize your online search results, I am your guy. However, just because I work for a law firm, doesn’t mean I should represent you in a class action lawsuit.

So, what if you go to the VA for an appointment and your medical professional tells you to be expecting a decision soon? The easiest thing to do is ask the professional how they came to that decision. If there answer just seems like a general response, it would be best to contact the VA and ask about your case. However, the best thing to do is hire legal representation who can keep you up to date with your claim. To learn more about the services we offer, or to get a free consultation, give our office a call today. Our toll free number is 1-877-526-3457, or you can request a call by filling out our online form here.

Yesterday I received a call from a young lady asking me about Veterans Disability Benefits. She had never applied before and asked me if the VA had a “statute of limitations” for applying for benefits. My first thought was that she must either be a perspective law student or a fan of Law and Order. Then I realized I receive this question a lot, and this young Veteran brought up a good point; is there a time limit to apply for VA Disability Benefits? Unlike most things in the VA, this is actually a simple answer. No, there is no time limit to apply for benefits. If I stop there, then this may be the shortest blog I’ve written. However, one of the things I like most about Veterans is that they love the details, so I’ll elaborate.

The young lady I talked to wasn’t wrong to think that there would be a limit to applying for benefits. After all, I can’t sue the driver of another car nine years after my accident because my back started hurting. Things are different with the VA. Just last week I signed up a World War II Vet. Even the worst history students can tell you that WWII was more than a few years ago.

The question must then be asked “Why are there no limitations.” First of all, until recently, most Veterans weren’t even aware that they could apply for VA disability benefits. In fact, the main reason why we set up this blog was to educate Veterans about the benefits that are available. Also, some conditions do not develop right away. For instance, Agent Orange presumptive conditions often don’t show up until later in life, and mental disabilities, like PTSD, are not always apparent at the time of discharge.

I know the next question I will get is about physical disabilities. This is one of the issues we have trouble with the most. Any physical injury must either be shown in the service treatment records or be well documented, and treated, in the time since leaving the military. For instance, Vietnam ended in 1975, which is close to 40 years ago. We often have Veterans who wish to apply for conditions like their knees or back that served during this time, but didn’t seek treatment in service or until many years after service. We will often ask: “What did you do after you left the military? The answer is often something physically demanding. If you were a coal miner for 30 years after the military, and never sought treatment for a knee problem until many years after service, the chances of you getting service connected benefits for the knee are slim.

This really just touches on the issues of service connection. To learn more, give our office a call today for a free phone consultation, or fill out our form, and we’ll give you a call right back.  

It seems that we’ve had a lot of people apply for Pension lately, and that made me think about the requirements. Regardless if you are applying for Pension or Survivors Pension, one of the requirements is serving during wartime. Obviously there is a War going on now, but what about in the past? What are the dates, and what exactly constitutes “Wartime?”

Perhaps it’s because I was never much of history buff, or maybe it’s because I’m more familiar with some periods than others, but I do have trouble remembering when certain wars started and ended. I feel I am not alone on this subject. This is especially the case when talking to those who want to file for Survivor’s Pension. They may know that their spouse served, but it’s possible they didn’t know them at the time, and thus they are not aware of eligibility. Granted most of us know that Vietnam was in the 60’s and 70’s but recalling the exact dates can be difficult. So, the following list should prove helpful if you are thinking about applying for Pension. This list is provided by the VA:

•World War I (April 6, 1917 – November 11, 1918)

•World War II (December 7, 1941 – December 31, 1946)

•Korean conflict (June 27, 1950 – January 31, 1955)

•Vietnam era (February 28, 1961 – May 7, 1975 for Veterans who served in the Republic of Vietnam during that period; otherwise August 5, 1964 – May 7, 1975)

•Gulf War (August 2, 1990 – through a future date to be set by law or Presidential Proclamation)

If you want to apply for Pension, and served, or were married to a Veteran who served, during the time listed above, then you may be eligible for benefits. To learn more about Pension, or VA Disability Compensation, give our office a call today. Its toll free and we will be more than willing to answer any questions you may have. If you would like to receive a call from our office, fill out our contact form now.

If I had a nickel for every time I had a Veteran tell me that he wanted to sue the VA for his Service Connected Disability, I’d have about $10.45. First of all, no one said anything about suing the VA, and second, we understand why many might think that’s what they are doing when they apply for disability benefits. Due to the fact that this happens so much that I could fictionally buy a value meal at a fast food chain I decided to do what I always do, write a blog.

I had a professor once tell me that most conflicts arise because people fail to define their terms. I believed him too because he had a lot of enemies. However, the misconception about suing the VA exists because many people are not aware of how certain terms are defined. To alleviate this problem, let’s define a few terms. A lawsuit is defined as a common term for a legal action by one person or entity against another person or entity, to be decided in a court of law, sometimes just called a "suit."(www.law.com) Honestly, that definition does not clear things up too well. So, let’s put it into terms that we regular people can understand. When you sue another individual or company, you are seeking a benefit that is a result of injury or harm they caused you. There is a chance that if you joined any branch of the military you were aware that there were some risks associated with your service. Thus you can’t really sue the military for your injuries. However, the Department of Veterans Affairs was established to compensate those who were brave enough to serve our country. They do this by providing medical care, specialty programs, and disability compensation. Disability Compensation is an entitlement to Veterans who were injured while serving.

You are probably now asking “If I am not suing anyone, why do they have attorneys, judges, and legal proceedings?” My cynical answer is that it’s the government and they don’t make anything easy. However, since I plan to someday be a US senator from the commonwealth of Kentucky, I will provide a proper answer. In my perfect world every person who served in our Military would be granted 100% service connection and given a new Corvette. Unfortunately if that were to happen our VA would go broke, or we would have to pay a lot more in taxes…no one wants that. Instead we have to determine if your injuries were caused by the Military. I think we can all agree that the VA shouldn’t compensate you if you wrecked your car 10 years after you were discharged. Our job as attorneys, and their job as a government agency, is to make sure your claims are valid. We filter through evidence and submit it to the VA to show that your injuries were a result from time in service, they do the opposite. While it is much more complex than that, this should give you some sort of idea about what the difference is between a lawsuit and obtaining disability benefits.

Now you are probably wondering why I am making such a big deal about the use of words. Is it because I have too much time on my hands, or because I like seeing “written by Jon Corra” at the top of the blogs? While the answer to both of those questions is yes, it does not explain why differentiating a lawsuit from disability benefits is important. One reason is getting non-VA doctors to write opinions to support your claim. If you tell a doctor that you are suing the VA, there is a chance he or she will not want to participate because they believe they may have to go to court. This is not the case with Disability Compensation. The doctors never have to testify before a judge or appear at a hearing. Their evidence is just submitted to the VA.

This should give you a better idea of what you are filing for with the VA. However, if after reading this you are still confused, give me a call, and we can discuss it further. My toll free number is 1-877-526-3457, or you can fill out our online contact form, and I will give you a call.

We are often asked by Veterans ways in which we can help them speed up their cases. Unfortunately there aren’t a lot of options. However, we do have some helpful tips for preventing your case from slowing down.

1. Submit all paperwork on time to the VA. It may seem like common sense, but a lot of claims are closed because Veterans fail to submit appeals in a timely manner. Of course, the sooner appeals and paperwork are submitted for your claim, the quicker the VA can do their job.
2. Seek treatment for your disabilities. Regardless of when you served and what type of claims you have applied for, medical evidence will help you get service connected. Often times a diagnosis is required for service connection.
3. Attend all of your required exams. Throughout the process the VA will schedule you for compensation and pension exams. These are required exams. Failure to report for one of these exams may result in an automatic denial.
4. Attend hearings when they are scheduled. We realize everyone has unexpected issues, but if you can make it to a scheduled hearing, do so. If you can’t attend, make arrangements to have your hearing rescheduled as soon as possible. Like with anything in the VA there is a long wait for hearings, so if you can’t make it to your hearing, it may be a long time before another one is scheduled.
5. Be aware of what happens when you move. Regardless if you are moving across town or across country the VA needs to know when you move. If you stay within your state, or within the area of your Regional Office, the VA needs to know your new address. We’ve had countless Veterans tell us that they didn’t receive any correspondence from the VA for years. It turns out they never told the VA about moving, and the Veteran failed to receive notices about claims. If you change regional offices, there is the possibility of a delay when your file is transferred.
6. File claims at the same time. It is recommended by our attorneys that Veterans apply for all benefits in which they wish to pursue at the same time. While you can apply for separate claims throughout the process, it is quicker to apply for them all in one fell swoop. Some of our clients say I want to get condition X taken care of before condition Y. This is not necessary.
7. Apply for benefits. Perhaps the number one thing that can speed up your case...applying in the first place. It's hard to recall how many Veterans told me they hesitated to apply because they didn’t want to seem weak and they didn’t feel as if they deserved benefits. First of all, there are over 900,000 claims pending in the US right now, so you are not alone. Second, if you served your country, received a discharge other than dishonorable, and are disabled-even slightly-as a result of your time in service, then you are entitled to benefits. That is not just how I feel; it’s the basic requirements as set forth by the Department of Veterans Affairs.

These are just a few quick tips to help you with your claim. However, one of the best things you can do is hire Jan Dils Attorneys at Law to assist with your claim. We can take care of the paperwork for you, submit appeals on your behalf, and attend hearings. For more information on the services we provide, call us today for a free consultation. 1-877-526-3457

It’s interesting how we get new VA clients in waves at the law firm. One week, all of the Veterans we talk to seem to be from the Vietnam era, the next, it will be individuals interested in learning about DIC. However, lately, it seems we are speaking to recently discharged Veterans on a regular basis. When talking to one of these young Veterans, I tend to notice a few things. For one, they always call me sir, two, they often still use military time, and three, they are likely already receiving some type of VA disability benefits.

Veterans who have been out of the service for a while may wonder how this is possible. It’s actually quite simple, and it’s something all Military Personnel approaching discharge should know about.

There is a program in place for Veterans nearing discharge called Benefits Delivery at Discharge or BDD. According to the VA website, BDD allows a Service member to submit a claim for disability compensation 60 to 180 days prior to separation, retirement, or release from active duty or demobilization. BDD can help you receive VA disability benefits sooner, with a goal of within 60 days after release or discharge.

The one thing I want to point out in the previous paragraph is the timeline; receiving a decision back that quickly is amazing. Most of the Veterans I spoke to who have applied through BDD often receive an answer back in that timeline. If you were to file after discharge, it can take anywhere from 8-12 months to receive a decision back from the VA. The lesson learned here is, do not procrastinate. If you have the opportunity to apply for BDD, do so.

*It is important to note that a pre-discharge exam is likely performed before exit, and that this often plays a part in determining the severity of your disability.

What if you are one of these recently discharged Veterans, and you have received the BDD decision, and you are not satisfied with you rating? Well, my advice would be to call our law firm, and let us help with your appeal. That may seem like an awfully abrupt statement, but here is why I recommend coming to our firm. Once you start the appeals process things become a lot more complicated, and it is nowhere near as quick as the BDD. In fact appeals take anywhere from 12-18 months before a Veteran receives a decision. In this time there is evidence to be filed, exams that you have to attend, and enough paperwork to make the biggest bureaucrats sigh. Ask any Veteran who has been through the Disability process, it’s not simple. Many Veterans turn our law firm because of the peace of mind we are able to provide. We are well versed in VA law, and have a knowledgeable staff that can assist you. If you would like to learn more about the services we provide, give us a call today. 1-877-526-3457

One of the first things I learned about Veterans Disability is that the VA likes acronyms. Everything is abbreviated, and I am told that this is done to save time. This is of course ironic because, as many Veterans can tell you, the VA is not the quickest department in the world. One of the more important acronyms is CRSC, or Combat-Related Special Compensation.

So, what is this abbreviation all about? It pertains to money, extra money to be exact, for Veterans who served in combat, and are receiving retirement pay from the military. Let’s learn more about this abbreviation in today’s blog.

If you served 20 years in the military, and are collecting retirement, you can’t receive both the retirement, and VA Disability Compensation. Actually you can, but they won’t pay you for both. What happens is they take away from one and pay you for the other. So if you were receiving retirement and were awarded a 20% rating on your back, you would receive $251 per month for your disability. That amount would be taken away from your retirement. So, you are receiving the same amount per month as before, but the $251 is tax free.

Of course, if you just approached your 20 years, or are getting close to it, there is a pretty good chance you served in a war, which means you were likely in combat, and that means the previously mentioned rule does not apply to you. This brings us to Combat-Related Special Compensation. According to the VA, CRSC provides a tax free monthly payment to eligible retired Veterans with combat-related injuries. Veterans can receive both their full military retirement pay and their VA Disability Compensation if the injury is combat related.  Whether an injury is combat-related for this benefit is determined by your branch of service.

So, let’s say you served 20 years, retired in May of this year, and did three tours in Iraq. Let’s also say you were infantry and the VA granted you 30% for PTSD. That amounts to an extra $389 per month that is not only tax free, but paid on top of the amount you are receiving for retirement.

But wait, there’s more. If you did serve for 20 years, there is a pretty good chance you married the love of your life, and had a child or two. If you are connected at 30% or more, you can claim them as dependents and receive even more per month. Even at 30% that would put you well over $400 per month extra, and you can afford the payments on that sports car you want deserve.

 To qualify for CRSC you must:                                                                                   

•             be entitled to and/or receiving military retired pay

•             be rated at least 10 percent by the Department of Veteran’s Affairs (VA)

•             be a reservist that is at least 60 years old or retired under Temporary Early Retirement Authorization (TERA)

•             waive your VA pay from your retired pay

•             file a CRSC application with your Branch of Service

Disabilities that may be considered combat related include injuries incurred as a direct result of:

•             Armed Conflict

•             Hazardous Duty

•             An Instrumentality of War

•             Simulated War

As with anything with the VA, it’s not a quick or simple process. Give our office a call today to see how we can help you obtain CRSC. 1-877-526-3457 You can also request to have a representative contact you. Just fill out this form.

Can I service connect for this? Can I service connect for that? My friend got service connected for it, why can’t I? These are just a few of the many questions we are asked by new clients when it comes to service connection. Finding out what you can and cannot service connect for can be quite difficult. If you have ever seen the Veterans Laws, Rules and Regulations book you will know that it is three things; confusing, boring, and thick! Since it is so large, we know right away that you can service connect for almost anything under the sun. So, should just apply for everything and hope for the best? That is never a good idea. Instead, use these simple rules when determining which disabilities to pursue.

First, were you injured while serving in the military? This may seem like a simple question, but many Veterans tend to overlook it when applying for benefits. For instance, we have a lot of Veterans who were paratroopers. This involves jumping out of a plane and landing on the ground via parachute. When doing this, a soldier puts a lot of force on his feet and ankles upon landing. We find that a lot of Veterans who were paratroopers file claims on their ankles. They may have broken or sprained their ankle on one of these jumps, and then sought treatment for the issue. This is a good example of a disability to pursue.

An example of a not so good disability to pursue would be one like this: A Veteran wants to file a claim on his back. When asked if he injured it while serving in the military, he replies no. He states instead that he injured it while working several years after he was discharged at his job. This is an example of a claim you likely wouldn’t want to file because it is not related to your time in service. It however may be a great claim for Social Security Disability.

You may have heard talk of presumptive conditions. As a reminder, a presumptive condition is one that does not have to be diagnosed while serving, but is a result of serving in a specific area during a set time period. (For more information about this topic, read previous through our past blog posts.)

Let’s give both types of examples here too. Our first example is that of a Veteran who served in Vietnam in 1968. He wants to file a claim for Diabetes as a result of Agent Orange exposure. Since he served in Vietnam, and Diabetes is on the presumptive list for exposure, this would be an example of a good claim as a presumptive.

On the other hand, we have a Veteran who served from 1984 to 1987. He also wants to file a claim for Diabetes. When asked if he was diagnosed while serving, he replies no. If he would have said yes, it would be a good claim for service connection. Simply replying no does not necessarily make this ineligible for service connection. Instead, I would ask if he had issues with blood sugar while serving, or if he was diagnosed within a year of discharge. If the answer to both of these questions is no, then it is not likely to be service connected.

These are just a few quick ways to determine if your disabilities are service connectable. When we accept a new Veteran as a client, we go over all of their claims in detail. If you are on the fence about a disability it’s better to try to pursue it, or better yet, speak to a legal professional at our law firm. We can help you navigate through this process. Call us toll free: 1-877-526-3457.

We will start this blog with a riddle: When does 20 plus 20 not equal 40? If you are a Veteran you know that the answer is: when it comes to VA “Math.” For those who are not familiar with VA Math, this is the slang term that refers to the way in which the VA combines multiple ratings. Ask any Veteran, and they will tell you that VA Math is confusing, and does not make a lot of sense. The purpose of this blog is to walk you through the VA Rating scale, and hopefully give you a better idea of how you get rated for multiple disabilities. (View the scale in the link above to better assist you with this blog.)

Let’s say you filed for PTSD and were granted 50%, and filed for your shoulder and were granted 20% for that disability. Most of us would say that your combined rating is 70%, but not according to the VA. According to the VA chart, your total combined rating would only be 60%. You are probably reading this and wanting to know why the rating came out this way.

First, a couple of notes about VA Math: They  take into account your highest rating first. So, if your highest rating is 50%, like in the example above, then that is the bench mark for the rest of your claim. Second, when you are given a bilateral condition, like knees for instance, an additional 10% is figured into your rating for compensation. (Examples of this will be explained later.)

This next example looks at what happens if you have four service connected ratings. In this example, you are connected for PTSD at 50%, 30% for a knee replacement, 10% for headaches, and finally 10% for Ischemic Heart Disease. In everyday life, that would equal 100%, but not in the world of the VA. According to the scale, that total is only 70%. So, how did we come up with this conclusion? On the scale, your highest rating is 50%, we then combine that with your second highest rating, which is 30%, and that equals 65 on the scale. (One again, you can view the scale here)We take 65% and find out where that lines up with 10% on the scale. On the scale it equals 69%. We then take that % and find where it lines up with 10. The final answer is 72%. Due to the fact that the VA only pays in increments of 10, this is rounded down to 70. Thus, the VA would pay you at 70%. As a side note, this person would possibly be eligible for Individual Unemployability.

Our last example will look at what happens when we add in a bilateral condition. In this example, you have a bilateral leg condition in which your legs are rated at 20% each. On the scale, 20 and 20 meet up at 36. You take 36, and multiply it by 10%, which equals 3.6. You would then take 36, add the 3.6, and would get a total of 39.6, which rounds up to 40%. In this example you would be service connected at 40%.

This is obviously a confusing ordeal for anyone to figure out on their own. If you would like to learn more about what the experienced attorneys and staff of Jan Dils Attorneys at Law can do for you, give us a call today: 1-877-526-3457.

Until the 1970s, the U.S. military used a number of asbestos products in each of their branches. Boilers, cooling systems and friction parts all commonly contained asbestos – as did many of the materials used to construct military bases.

Around the time that government organizations linked mesothelioma to asbestos, the military began phasing out asbestos products. They recognized that the high rates of occupational asbestos exposure placed service men and women at high risk for a number of health concerns. By the time they realized this, however, they had already exposed millions of veterans to the carcinogenic fibers.

Although the exposure risk in the modern military is lower than it was during World War II or the Vietnam War, current veterans may encounter old asbestos-containing products. If they repeatedly handle them in a way that releases asbestos into the air, they place themselves at risk for several different diseases, including:

• Mesothelioma
• Lung Cancer
• Asbestosis
• Pleuritis
• Pleural plaques

Often, these slow-developing diseases arise 20 to 50 years after asbestos exposure occurs. This means that veterans who served while the military was still using asbestos could develop an asbestos-related condition as late as the 2020s.

Resources for Asbestos-Exposed Veterans

Because of this prolonged health risk, veterans should be especially cautious about any abnormal changes in their health. Coughing, chest pain or difficulty breathing may indicate the presence of an asbestos-related disease. If they occur, veterans should immediately discuss these concerns with an oncologist.

However, these symptoms rarely show up in earlier stages. Because it is entirely possible for mesothelioma to remain asymptomatic until stage III or IV, veterans should register for asbestos-related diseases screenings even if they do not currently display any symptoms. If a disease does develop, these screenings can detect it before it progresses to a later, less treatable stage.

Veterans who have asbestos-related diseases can obtain care from the VA Health Care System. They may also file for other VA benefits, such as disability compensation or VA pension, to help cover the costs of care for service-connected diseases.

If you would like to learn more about legal representation, call our firm today for a free consultation: 1-877-526-3457.

Author bio: Faith Franz researches and writes about health-related issues for The Mesothelioma Center. One of her focuses is living with cancer.

After struggling with a VA Claim for years, the one thing you can really look forward to is back pay. There are a lot questions Veterans have regarding Disability Back Pay, hopefully this blog will answer some of the questions you may have.

The biggest misconception about VA Disability back pay is that it will start from the time your injury occurred, or when you were discharged. That simply isn’t true. Back pay usually goes back to the date the claim was originally filed. For instance, if you were discharged in 2005, but did not file a claim until 2008, your back pay would go back to the month in 2008 in which you filed your 21-526. (If you are approved)

You probably read that and are thinking “I know someone who got his disability back pay from the time he got out of the service.” That Veteran probably filed his claims as a part of his discharge process or within one year of discharge. This often occurs in Veterans who had substantial physical injuries while serving. It is also common with younger Veterans who are now more aware of the disability process.

Another problem Veterans have when it comes to back pay is the situation with closed claims. If at any time your VA Disability Claim closes, your back pay also goes away. Let’s say you filed a VA Disability Claim in October of 1994. In November of 1995 the VA sent you a denial letter. You only have one year from the date listed on the denial letter to file a notice of disagreement (NOD). If you waited more than a year to file a NOD, or if you neglected to file an appeal, then your claim closed, and thus you lost all of the back pay you would have accumulated.

It’s easy to miss the dates of deadlines if you are representing yourself for your VA Claim. Our team can represent you at hearings, submit evidence to the VA, and of course, remember those deadlines. Call us today for a free consultation: 1-877-526-3457

Any Veteran who has filed a claim for VA Disability compensation is very familiar with the long list of abbreviations used by the VA for forms and procedures. A C&P exam is often at the top of that list, but you may not be aware of what it is, or how important it is to your VA Disability Claim.

A C&P (Compensation and Pension) Exam is scheduled by the VA after you have filed a claim for service connected benefits or when filing for an increase in a service connected disability. It is the job of the VA to schedule this exam to see if this disability is related to your time on active duty and to what degree it affects your life. Each disability will be evaluated by a separate C&P exam.

In some cases, the VA may call this a C&P Hearing, but it is actually just another name for an exam. It is still a medical visit.

It is very important to attend all C&P exams that are scheduled by the VA. If you are unable to attend you will need to call the VA and reschedule this exam. If you do not show up for the exam, the VA will most likely deny your claim or continue the current rating percentage.

Let’s say you’re pursuing a disability claim for your knee only, it’s likely your knee is the only thing that will be evaluated during the exam.   If you have multiple issues pending, for instance, a shoulder claim and PTSD, then you are likely to have these exams weeks, or even months later. Make sure to be truthful when answering all questions at your C&P exam.

Traditionally C&P exams are performed at a VA Medical Facility, but it is also possible to have them performed at non VA facilities. This occurs when the VA outsources your exam.

Please remember that C&P exams are a very important part of your claim. It is arguably the biggest factor for the VA to make a decision on your claims. Make it a point to go to each and every exam that is scheduled. (There may be several).

A special note for those Veterans who have an attorney representing them for VA Disability Benefits. The VA will not contact your attorney to inform them of your C&P Exam. It is your responsibility to inform your Attorney of this exam. Your attorney will request a copy of this exam so that they may review the results found by the VA. Also, in most cases, your attorney will not be present for this exam.

If you have questions or concerns about C&P exam, call us today for a free phone consultation, 1-877-526-3457, or tell us about your claim now.

As a Veteran who has filed a claim for Disability Compensation, you are probably anxiously awaiting your decision. When that decision finally comes, a few different things may occur. What we all hope will happen is that the VA will approve your claims. When your decision arrives, it is also possible that you will get denied. However, did you know that a claim can also be deferred?

What exactly does it mean when your claim is deferred? Simply stated, a deferred decision means you have to wait a little longer for the VA to decide your claim. There are several reasons why the VA may decide to defer a claim, but the most common reason is that they are still evaluating the medical evidence submitted for your claim.

It is important to know that a decision that comes back deferred only occurs when there are multiple claims pending. This situation is best described in the following scenario: Let’s say you filed a claim for PTSD, hearing loss, and headaches. It is possible that the VA would grant your hearing loss, deny your PTSD, and defer your headaches. The VA had enough evidence to approve one claim, deny the other, but not enough make a decision either way on your headaches.

If you only had one claim pending through the VA, they would not send back a deferment. Instead, they would just wait until they were able to either approve or deny the claim before they would send you anything.

This process can be quite confusing, especially when it comes to appealing these claims. Give our office a call today to see what we can do to the take away some of the stress associated with VA Disability Compensation. 1-877-526-3457

In our firm we don’t always get questions about Disability claims for Veterans. Sometimes we receive general questions about VA health care. One of the questions we are often asked is “Why am I not being treated at the VA for my problems?” It could be any number of issues, but the main reason why most Veterans aren’t treated at the VA is that they do not meet the minimum requirements.

According to the VA, the basic eligibility is as follows: A person who served in the active military, naval, or air service and was discharged or released under conditions other than dishonorable may qualify for VA healthcare benefits. Reservist and National Guard members may also qualify for VA healthcare benefits if they were called to active duty (other than for training only) by a Federal order and completed the full period for which they called or ordered to active duty.

To put this simply, if you received a dishonorable discharge, you do not qualify for VA Healthcare benefits. Also, if you served in the Reserves, or National Guard, but weren’t activated, you won’t qualify for health care benefits.

It is also important to know that there are also minimum duty requirements that are associated with VA healthcare eligibility. Veterans who enlisted after September 7, 1980, or who entered active duty after October 16, 1981, must have served 24 continuous months or the full period for which they were called to active duty in order to be eligible. This minimum duty requirement may not apply to Veterans discharged for hardship, early out, or a disability incurred or aggravated in the line of duty.

As with most programs, you must first apply in order to be treated. To find out more about applying, visit the VA Website.

Seeking medical treatment plays a big part in VA Disability Claims. If you would like to know more about Disability Benefits, give our office a call today, 1-877-526-3457.