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Camp Lejeune Presumptive Benefits Approved for Veterans

Over the past year, there has been a lot of discussion regarding VA Disability Service Connection and Veterans who served at Camp Lejeune in North Carolina. We’re happy to say that the final rule to make the presumptive conditions official came through yesterday.

This rule establishes presumptive service connection for former service members, to include veterans, reservists, and National Guard members, who served at least 30 days at Camp Lejeune between August 1, 1953, and December 31, 1987.

The following presumptive conditions are approved:

  • Adult leukemia
  • Aplastic anemia and other myelodysplastic syndromes
  • Bladder cancer
  • Kidney cancer
  • Liver cancer
  • Multiple myeloma
  • Non-Hodgkin’s lymphoma, and
  • Parkinson’s disease

According to the Military Times, as many as 900,000 Veterans could be impacted by this news. Many Veterans have fought tirelessly over the years to get service connected for the water contamination at Camp Lejeune, and we are happy to say that for some, that fight may well be over soon.

To review, the VA has listed the following requirements to establish service connection:

Be an active duty, reserve or National Guard member who was discharged under conditions other than dishonorable.

Have served at Camp Lejeune for at least 30 days (cumulative), between August 1, 1953, and December 31, 1987.

Have a current disease on the list of presumptive conditions related to Camp Lejeune.

The VA lists the following Evidence Requirements:

Records that show you served at Camp Lejeune or MCAS New River for at least 30 days (cumulative), between August 1, 1953, and December 31, 1987, in an active duty, reserve, or National Guard capacity.

The medical evidence must show you have a current disease on the list of presumptive conditions related to Camp Lejeune.

If you’d like to know more about what we can do for you, call us today for a free consultation. Our number is 1-877-526-3457. If you can’t talk now, fill out this form so that we can call you at a better time. Since 2008 we’ve helped thousands of Veterans get the benefits they deserve, and we won’t take no for an answer.

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Learn how buddy statements can help your VA Disability Claim

When it comes to Veterans Disability, one of the most important aspects of any case is evidence. For the most part, this pertains to medical evidence. For instance, if you’re pursuing a claim for your shoulder, you would likely have medical records from your time in service and from the VA and private doctors after your time in service. However, there is not always medical evidence of an injury in service. This is especially true for combat injuries. If you’re in the middle of a firefight, you can’t call a “timeout” if you fall and hurt your ankle. Most Vets I’ve talked to just get back up and keep fighting. In other words, there’s not always a perfect medical record for every disability claim.

The same is also true for mental disabilities like PTSD, or neurological conditions like Traumatic Brain Injury. These injuries are not always diagnosed in service. Usually, they manifest later in life. So, the traditional means of establishing service connection is not always able to be obtained. So, what is a Veteran to do? There is actually an option for this situation.

Sometimes, when attempting to establish service connection, a Veteran may make use of a “statement in support of claim.” These are also sometimes referred to as “buddy statements.” For the most part, these statements are supplied by individuals who either served with the Veteran filing for benefits, or a friend/family member who knew the Veteran before and after he/she entered the military. In some cases, the Veteran may also make a statement in support of claim, but for the purposes of today’s blog, we will just focus on the statements made by others.

First, let’s look into buddy statements. These make a lot of sense because they almost act as an eyewitness report of something that occurred. For instance, if you were serving in a combat zone and an RPG blew up, knocking you unconscious, one of your fellow Vets was likely there with you. There may not be an official record of this in any log, but if you can have at least one other person, or even multiple people, write statements about it occurring, it will help your chances of establishing service connection.

Another way in which we’ve seen buddy statements be effective pertains to cases of Military Sexual Trauma. If a Veteran was sexually assaulted and he/she knew another Veteran who was sexually assaulted by the same person, they can write a statement explaining their experience.  This is beneficial because so many sexual assaults go unreported in the military. However, it’s not the only way in which a buddy statement can be used to aid an MST case. If a Veteran was sexually assaulted, didn’t report it, but confided in his or her fellow service member, they could then write a statement explaining what happened. This is even true several years after the assault occurred.

Just like buddy statements, a statement from a family member can be beneficial in cases of MST and PTSD. Though in most cases your family and friends didn’t serve with you, they can still speak to how your behavior or mood changed after joining the military. For instance, if you were outgoing before, loved going out and had a lot of friends before you were in the military, but after discharge, you were more withdrawn, alone and rarely left your house, this would be a way a family member could explain how you’ve changed. Even in cases not involving PTSD or MST, statements from family members can be beneficial. We see this often in cases of Sleep Apnea.

Statements are just one of the ways in which we help our clients put together strong cases to help them get the benefits they deserve. If you’d like to know more about what we can do for you, call us today for a free consultation. Our number is 1-877-526-3457. If you can’t talk now, fill out this form so that we can call you at a better time. Since 2008 we’ve helped thousands of Veterans get the benefits they deserve, and we won’t take no for an answer.

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How Veterans Service Connect for Headaches and Migraines

While doing our ‘end of the year countdown,” we realized that for the second year in a row, our most popular blog was about Veterans with headaches. That blog post was written way back in 2014 when the world was more innocent. The hit TV show Parks and Recreation were still on the air, and Justin Bieber’s new album was still months away. They were good times. That blog has held up well over time, but it won’t hurt to revisit the topic. So, let’s take another look at headaches and your VA disability claims.

Pertaining to headaches, one of the biggest misconceptions Veterans believe is that their headaches are normal, and thus not service connected. I’m not judging because this makes sense to me. When I was in 1st grade I started having severe migraines on a regular basis. They were so bad that I would become sick, then I would become nauseous and eventually vomit. As I got older, the migraines became less frequent and I eventually “grew out of them.” I still get headaches now. Most of my headaches are brought on by stress. Headaches can be difficult because of there so many people who haven’t served who have issues with headaches too. The major difference between what I experienced, and what a Veteran experience are that my headaches are preexisting. Most Veterans who have a headache condition do not have a preexisting condition. However, a preexisting condition would not necessarily keep them from getting service connected. The important thing to remember about headaches and any condition for that matter is that it must either be caused by your time in service or made worse by your time in service.

There are many ways in which a Veteran can have issues with headaches because of service. Any type of head injury can lead to headaches later in life. For instance, if a Veteran suffered from a TBI while serving he or she may have headaches after service. Even if a Veteran doesn’t have a head injury they can still pursue a headache claim. This is especially true if you sought treatment in service.

One thing we must consider when pursuing a claim for headaches is; “What exactly is a headache?” In my previous blog, I explain the process in detail. You can read that here. However, I want to make things a little simpler today.

The following is an example of a Veteran who likely wouldn’t get service connected for their headaches: The Veteran seldom has headaches. When they do, they are not very severe, and they are easily alleviated by taking over the counter medicine like Tylenol.  On average, the type of a headache occurs once every six weeks.

The following is an example that would likely result in a Veteran receiving service connection for headaches. This Veteran has headaches at least three times per week, and they are prostrating. Prostrating sort of means debilitating. In other words, the pain from your headache is so severe that the Vet is unable to function. Generally, this means they must retreat to a bedroom with no light, no sound, and sleep until your headache is resolved, often hours later. There is a good chance the Veteran misses work often because of their condition.

Once again, if you want to read the full explanation, please see my previous blog post.

I was surprised by the number of people who turned to my old blog post for help. Obviously, this means that there are a lot of Veterans still suffering from headaches, and many still need help. If you think you may have a headache condition that should be service connected, give us a call today. Our toll-free number is 1-877-526-3457. If you can’t talk now, fill out this form, and we’ll be happy to talk to you at a better time. Our consultations are Free, and we’ve helped thousands of Veterans get the benefits they deserve.

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How Disabled Veterans Can Receive Student Loan Forgiveness

Student Loan debt impacts millions of recent graduates every year. Most of you are already aware of that as it’s in the mainstream news quite often. However, what you are likely not aware of is the number of Veterans who struggle with student loan debt also. I was surprised at first to learn that so many Veterans struggled with student loan debt. If you’re like me, you simply assumed that all veterans qualify for the Montgomery GI Bill and thus their college was paid for by the government. That’s not true.

Did you know that a Veterans who was discharged with a general under honorable condition discharge is not eligible for the GI Bill? If you’re reading that and you don’t have much knowledge of military discharges, you might think that a General Under Honorable is a bad discharge. It’s not. To be honest, a lot of Veterans are discharged with this type of discharge. It does not mean they did anything wrong. Traditionally it means that they were not able to fulfill their entire commitment. In other words, if a Veterans enlisted for four years, but only served three due to an injury, he or she may receive a general under honorable discharge. Further, a lot of Vets who are injured receive General Under Honorable discharges. On the surface, a General Under Honorable Discharge resembles an Honorable Discharge. It’s not just the character of a Veterans discharge that may have led them to student loans. In some cases, the GI Bill may not have been enough to cover all fees. This could be the case if the Veteran attended graduate school, an out of state school, or even went to college or university for an extended period. So, now it makes sense that a Veteran could have debt from higher education. Now we have to ask what they have to do to eliminate that debt.

This reminds me of a story. When I was in college I met this fella who served in the Navy. I can’t tell you his name or many details because he eventually became a client. Regardless, the first year we had classes together I didn’t like him very well. The next year we had another class together and the professor forced us to work together. We realized that we had some similar interests and, as any coming of age teen comedy will tell you, we became friends. And, just like in that same teen comedy, after college, we lost touch. As I was completing graduate school I started working here. I discovered this thing called Facebook. Naturally, I looked up my old friend. As I was working in Veterans Disability at the time, and he was a disabled Veteran, I thought it would make sense for him to become a client. Eventually, my friend became a client, we got him a well-deserved rating of 100%, and all was well.

One day, while reading through my Facebook timeline, I noticed that my friend mentioned that he had all his debt from college eradicated. If I’m honest, he was bragging about it in a way he shouldn’t have been, but it peaked my interest none the less. Due to injuries, he was not able to fulfill his contract with the military. He received a general discharge, and thus, didn’t receive the full GI Bill. Prior to this Facebook post, I was not aware of any Student Debt forgiveness for Veterans. So, I did what we all do when we something unfamiliar on the internet, I Googled it.

My search results were quite helpful. According to my research, Veterans who receive a 100% Total and Permanent Disability from the VA may also have their Federal Student Loans discharged. In this context, the word discharge means forgiven. Granted, there are a lot of details to this program and a lot about finance that I really can’t interpret. My source for this information is a government website. If you are interested in this program I suggest checking it out.

I don’t believe enough Veterans are aware that they may be able to have their student debt forgiven. Like I mentioned earlier, we assume that every person who served in the military and went to college was able to attend for free. It turns out that it’s not true, and a lot of Veterans are missing out on this program. If you know of a Veteran who may benefit from Student Loan forgiveness, please share the link above with them.

Further, many Veterans are rated too low for their disability ratings. If you believe your ratings are too low, call us today for a Free Consultation. Our toll-free number is 1-877-526-3457. You can contact us using this form as well. Thanks so much for reading.

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Knee Issues and Your Veterans Disability Claim

I often like to write about the unique cases we see at the law firm. Some of my favorite memories of helping Veterans pertains to very specific conditions. Sometimes we must work hard to prove that a Vietnam Veteran was exposed to Agent Orange, or we must go the extra mile to show how a Veteran who was not in combat has a stressor related to their time in service. Those cases stick out because they aren’t very common, and we usually learn a lot from those favorable decisions. Though those cases really peak our interests, it’s the more common cases that we see the most, and that impact the highest number of Veterans. One such condition involves disabilities impacting the knees. So, let’s talk about your knee conditions in more detail today.

If I oversaw the VA, and hopefully someday I will be, I would automatically grant all Veterans service connection on their knees. Unfortunately, I am not in charge of the VA, and knee conditions are sometimes difficult to prove. Some may wonder why I think most Veterans should get granted service connection on their knees. It’s quite simple. If you served, take a moment to think about all the abuse your knees went through while you were in service. All Vets must go through PT, ruck marches, and a lot of physical work every day. Further, a lot of MOS’s are very physical. It’s hard to think of many occupations in the military that aren’t physical. The most common ones we encounter are mechanics, infantrymen, Calvary Scouts, truck driver and so on. All of those are very physical. Most of the Veterans I’ve talked to with MOS’s like these have moderate to severe knee issues when they leave the military. Then you have Veterans who have MOS’s associated with jumping from a plane. Veterans who have a parachutist badge, or those who are Rangers, Airborne, and so on, are among the most likely to have knee issues. If you’ve even completed one Jump from a plane with a landing that is less than ideal, then it’s very likely that you’ll have a knee condition.

While it may seem simple for Veterans with the previously mentioned backgrounds in service to get granted for their knees, the opposite is true. Knee conditions are difficult to get service connected. It’s not a black and white issue, though, there are several reasons why a Veterans may struggle to get service connected for their knees.

One of the biggest reasons that Vets have issues getting service connected for their knees involves a lack of treatment in service. This isn’t specific to knee conditions, though, it’s a problem across the board. However, with knee issues, many Vets will simply purchase an OTC knee brace, or treat with Motrin. They don’t seek specific care for their knees in service, and thus establishing service connecting for the condition is difficult. It’s not a deal-breaker, though. For many of our clients, we argue that your MOS or length of service contributed to your knee condition. We also use buddy statements. So, if a fellow Vet witnessed your injury, he or she may be able to write a statement to help you get connected.

Another import thing to remember is to get treatment on your knees after you’re discharged. The will deny your claim if you don’t have current treatment.

 

While treatment is a big issue, it’s not the only thing that makes service connecting for knees difficult. A more complex issue arises when we look at how the VA evaluates knee conditions. Your pain is not paramount when a medical professional evaluates you for your knees. Knee conditions are based on a range of motion, not pain. In other words, you may be in a lot of pain, but if you can flex your knee so far in either direction, your’ likely to get denied. Most Veterans aren’t aware of this when they travel to their C&P exam.

 

Traditionally, a knee is rated at 0%, 10%, or 20%. On the other hand, some Vets can get rated at 30% for each knee. This is traditionally the result of a Veterans needing knee replacements. It’s rare for younger Veterans to be given knee replacements, mainly because doctors advise against it for individuals under a certain age. One of the main reasons for this involves the amount of pains associated with knee replacement surgery. Overall, the only way to get rated above 20% on a knee is to have a replacement. Granted, there are always exceptions to the rule, but this is the norm.

 

Some Veterans, who have issues with their knees, also have issues with falling or instability. It’s important to note that this condition is rated separately from a knee condition. Once again, most Veterans aren’t aware that they can file this claim separately from their knees. Let’s be clear, though, not every Veteran who has a knee condition will also have issues with instability. Also, just because you’ve been granted on a knee issue, it does not mean the VA will grant you on instability quickly. You will have to prove that separately.

 

The most important thing I want you to know if you’re a Veteran reading this blog is to get treatment on your knees if you have pain in one or both knees. If you believe your pain is a result of your time in service, call us. We’d be happy to talk to you about your condition and give you a free case evaluation. Our toll-free number is 1-877-526-3457. If you would rather have us give you a call later, fill out this form, and we’ll call you at a more convenient time.

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Which Disability is Claimed the Most by Veterans?

I’ve been working with Veterans for more than nearly six years. At this point, there aren’t a lot of things that surprise me. Don’t get me wrong, I still love what I war-1447010_1920do, and if this blog is any evidence of my passion, I don’t see that passion going away anytime soon. When something does come along that surprises me, it has to be pretty major. The last time it happened was earlier this year when the VA released a list of conditions they believed to be associated with water contamination at Camp Lejeune. It was so shocking that many of us in the office just stood around discussing how the eventual presumptive list would help so many Vets. The latest news that blew my mind was found in an NBC news article. While the article was about politics and a bunch of other things I don’t care to discuss in my blog, they asked the answered the following question: Which disability ranks highest amongst Veterans receiving disability benefits? The answer isn’t what I expected.

The first thing that came to mind was PTSD. This seemed like a pretty logical answer. PTSD was the subject of the article and it’s something I encounter often. In fact, most of the blogs I write are about PTSD. However, PTSD was not first on the list. It also wasn’t number two military-662863_1920on the list. It was number three. Currently, there are 813,277 Veterans receiving benefits for PTSD. Trust me; there are a lot more who have PTSD claims pending. Regardless, this was a surprise to me. Not only was it surprising because it was not number one, but also because 800,000 seems like such a low number. Not only was it low in my mind, there are nearly half as many PTSD recipients as the condition what was number one on the list.

So if PTSD wasn’t number one, then something else major had to be first. My first thought turned to physical conditions. A lot of Veterans have issues with their feet. Everyone in the military is on their feet a lot and they have to wear boots that aren’t exactly comfortable. Add to that all of the marching, the harsh terrain, and for the brave souls who jump out of planes, the consistent harsh impacts, and it would make sense that the conditions involving the foot would be number one. Conditions involving the foot were not even the top 10. By this time I started wondering if I even knew what I was talking about half the time. Was this blog just full of lies?

By this time panic was starting to set in. What could be number one? Was it a back condition? Nope, they were at number 10! And actually, that was just arthritis of the spine, which is not the kind of back condition I am used to seeing. I started frantically guessing.

Shoulders?  Nope, not even close.

Diabetes? Not quite, this condition is at number nine.

Knees? Surely knees are at number 1. They have to be. It’s a major joint. No, knees are not number one. They’re not even in the top 5.

Heart? No.

Lungs? Nope!

Legs? Nope, this is embarrassing.

Time to start swinging for the fences. This is my only shot now.black and white twitter

Bilateral Fingers? Come on Jon, you know better.

Nose?

Vampiris?

MacGregor’s Syndrome?

Bieber Fever?

No matter how hard I tried, the number one condition would not come to mind. I finally gave up and just looked at the condition. It was Tinnitus. I was disappointed by this result. It actually made me a little sad that so many Veterans have this condition. To understand why you have to know more about Tinnitus.

Before I worked in VA disability compensation, I had no idea what Tinnitus was, or how it affected people. Within the first week of working for a law firm that helps Veterans, I knew exactly what Tinnitus was and why it was such an issue. For those of you who don’t know, Tinnitus is a ringing or buzzing in the ears. No, this isn’t an especially painful condition, and it’s not going to keep you from doing most things, but Tinnitus, in its smallest form is a mild buzzing or ringing. It might just be noticeable when it’s quiet. However, in severe cases, it can be so bad that it nearly drives a Veteran insane.

photos 4 054There is a good chance that, even if you’re not a Vet, you’ve experienced Tinnitus. For a lot of us, it’s not a permanent condition. If you’re near and explosion or at a loud concert, you may experience some ringing for a short time after. Those who serve in the military are exposed to loud noises every day. Some detractors might say that it’s a bit of an exaggeration because most people who serve aren’t around explosions every day. That is true, but it’s not just explosions that cause the issue. If you worked as a mechanic, you were around a lot of equipment, which produces a lot of noise. This is also true for Vets who worked as heavy equipment operators. If you were a pilot of planes or helicopters, worked on the flight crew, or really worked anywhere near an aircraft, then you were around constant noise. This is also true for individuals who worked in the kitchen, with any type of radio equipment, or even had a role in the marching band. Don’t forget every Veteran, regardless of MOS, had to learn had to shoot a weapon. This involves countless hours on a firing range. It’s no wonder so many Veterans have Tinnitus.

One of the worst aspects of Tinnitus is that can last forever. There isn’t a lot anyone can do if the condition is permanent. To an individual who hasn’t been diagnosed with this condition, it may not seem like a big deal. It’s just a ringing or buzzing in the ears, right? Well yes, it is, and most people who have Tinnitus are able to function like everyone else. However, Tinnitus is worst when there is no noise. If you have Tinnitus, and you are in a silent room, the ringing can be deafening. Often, the Veterans I talk to have trouble sleeping because the Tinnitus is so bad. I always suggest using a fan or white noise app to drown out the ringing. This can help, but it’s no sure.

Tinnitus, no matter how severe it is, is normally only rated at 10%. I’ve personally never seen it higher, and this is the assigned rating per the CFR. It’s important to note that Tinnitus is not the same as Meniere’s disease. Some of the symptoms of Tinnitus can mimic the symptoms of Meniere’s disease, but Tinnitus is not as severe. Further, Tinnitus is a symptom of Meniere’s disease, but it also includes vertigo, hearing loss, and sometimes pressure in the ear. Meniere’s disease can often be rated higher than Tinnitus.

Tinnitus may not be the most physically painful, and it’s not as severe as PTSD, but it definitely impacts a Veteran’s quality of life.  That’s why we encourage Veterans to pursue it if they have the symptoms. It’s also important to note that though Tinnitus is claimed the most; a lot of Veterans claim multiple disabilities in addition to Tinnitus.

If need a hand with your claim, give us a call for a free consultation. Our toll-free number is 1-877-526-3457. If you don’t have time to talk now, fill out this form so that we may call you at a better time.

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Does the Way a Veteran Look Impact Their PTSD Claim

I know, it’s absurd to think that the way a Veteran looks could impact his or her VA Disability claim. Before I worked for a law firm I would have laughed it off blog-photos-045and said that it could never happen. I mean it’s a claim for disability, not a beauty contest. It turns out that I was wrong. So, I want to tell you about the time I learned how a Veteran’s appearance could impact their claim. However, before we get there, we have to learn a little about how PTSD is diagnosed, and how the VA rates this condition.

PTSD is a big issue facing a lot of Veterans. As you may be aware there are different ratings for PTSD according to the VA. PTSD is rated from 0% to 100% through the VA. In other words, it’s not something you simply have or don’t. With this knowledge, we can assume that a Veteran who is rated at 0% has a very mild case of PTSD and a Veteran rated at 100% has a very severe condition. The ratings in-between are where there are some issues.

So, the problem lies in several areas. One of the main problems is that PTSD does not have 10% increments. Actually, the ratings for PTSD are 0, 10, 30, 50, 70, and 100. The lower ratings don’t prove to be much of an issue, but the higher ratings are. The gap from 50 to 70, and then the gap from 70 to 100 leave huge holes in the process.

Here are the rating criteria for a Veteran who is 70% for PTSD. I apologize, but this is a bit of a read.

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 worklike setting); inability to establish and maintain effective relationships

Vet week Blog FeaturedOk, now that you have an idea of how the VA rates PTSD at 70%, I’d like to share with you a story about a client of mine. Now, to protect his identity I won’t be sharing his name, his branch, or much about his personal case, or even where he is from. This client had at least three tours in combat, he was in infantry and he was clearly not the same person he was when he left to join the military. His case for PTSD was strong. He had a diagnosis, he had regular treatment, and he had almost everything listed above. He had severe panic attacks on a regular basis; he couldn’t keep a job and was not able to go to school. He was extremely irritable and he would have emotional outbursts on the phone with us often. His PTSD should have been rated at the 70% rating easily. However, there was an issue with his appearance.

So, what was the issue? If this Veteran had all of the issues listed above, why was he turned down? Well, this young man was cursed with being very attractive. Now, before you start to write hate comments, please note that his appearance was noted as being one of the reasons why he was denied. I reviewed his medical records, and two different medical professionals noted his appearance as one of the reasons they thought he was malingering. In other words, because he was visually appealing, he was faking his condition. This is not just my opinion. So, he was a good-looking young man, who, even if he let himself go, would look better than me on my best day. Also, most people would agree that he was above average in attractiveness. I am not trying to say that he was movie star attractive, though. On a grid from Maggie Gyllenhaal to Jake Gyllenhaal, he was somewhere in the middle. Kidding aside, this Vet also kept up his appearance. Which, let’s face it, for most men, it’s not that hard to do. He kept his hair short, he shaved regularly, and he always wore clean clothes when he went in for his appointments, and he bathed regularly. This client also had a spouse who would make sure that he kept his appearance neat. So, in the mind of the VA, or more specifically, this medical professional, this client was not suffering the effects of PTSD at the 70% rating, partially because of the way he looked. That is absurd.

I know this may be hard to believe, but hot people get sad too. Trust me; there is nothing more heartbreaking then sad Jennifer Lawrence in the film Silver j-law-slpLinings Playbook. I once saw Amy Schumer cry, and I couldn’t leave my bed for three days. As a society, we often think that just because someone looks nice, they couldn’t be sad. Or in this case, this Veteran has a nice shirt and a pretty smile, so there’s no way he could have PTSD. In all honesty, his PTSD was among the worst of any Veteran I’ve talked to in my six years with the firm.

This problem reflects a bigger issue with the way many people view Veterans with PTSD. I believe many people think someone who suffers from PTSD has to be strung out on drugs, homeless, totally unkempt, unable to work, and overall, non-functioning.  That is simply not true. PTSD takes on many forms. I’ve met a lot of Vets who are incredibly functional. They would remind you of everyone else you encounter when they are in public, but at night, they have night terrors or drink themselves to sleep. PTSD is not a black and white issue.

mean-girl-1Luckily we were able to get this Veteran a second opinion and he did get to the 70% rating. I said that this Veteran was cursed with being attractive, but he was actually cursed with some bad medical opinions. I’m not a psychologist, but I studied some psychology in undergrad. Even I could tell this Veteran wasn’t faking his conditions and should have been rated at the 70% level for PTSD. Please note that not all examiners are as obtuse as the individuals this Veteran had to deal with at the VA. In fact, I can’t think of many other cases I’ve seen in which a Veteran was denied based on their appearance. But, the fact that it occurred even once is tough to take.

One last thing. Letting your appearance go will not help you get approved quickly either. Though the CFR notes that lack of oral hygiene and physical appearance are contributing factors for the rating code, letting your appearance slip does not guarantee that you will get approved. I’ve seen a lot of Veterans who have let their hygiene go have the same difficulty as the Veteran in this blog.  VA Disability as a whole, but especially PTSD claims, is nuanced. Claims can get complicated and each one has to be approached differently.

If you’re not happy with your rating decision, call us. We’d love to talk to you about your case and even give you a free consultation. Our toll-free number is 1-877-526-3457. If you can’t chat now, fill out this form so that we can call you at a better time.

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5 Ways the VA Has Made Improvements Over the Past 5 Years

Five years ago I walked through the doors of this law firm and I had no idea what I was doing. I was told I’d be working with Veterans to help them get the benefitsblog-photos-045 they deserved. “Heck yeah,” I thought. Veterans are really awesome and I am sure that getting them their benefits would be easy. I was young, naïve, and wrong. When I say wrong, I mean Ashley Judd in Dolphin Tale 2 wrong. I was right about Veterans being awesome, though, and I can honestly say that I love working with Vets. They are really awesome, and I’ve made some friends from my work here. But the part about the disability process being easy was very untrue. However, I am not a pessimist. I believe in looking at the good in life, and I try to focus on the positives. When dealing with something as complicated as VA Disability, it’s not easy to think about positives. In fact, I might say that this is one of the hardest blogs I’ve ever written. It wasn’t easy to find positives, but there are some, and that is what matters.

Full disclosure: I don’t work for the VA. I am not paid by the VA. I am not some undercover propaganda machine either. I work for a West Virginia-based law firm that focuses on Veterans Disability, Social Security, and Personal Injury. To prove that I am indeed a real boy, here is a link to my Twitter profile. It’s been active since 2011. I usually go on rants about race cars and Ashley Judd. I love JJ Watt and you’ll often see me talk about cars, product placement and food. I am real. Enjoy the list.

  1. Electronic records. When I first started working here, an electronic medical record or claim file was unheard of. In fact, we would get so many records on paper only, that I seriously considered making a fort out of them at one time. A claim file can be thousands of pages long. Imagine getting those every day by mail. And then we would have to take those files and sort them. The records were thrown to together haphazardly. Admin records would be mixed with VA medical recs, Entrance exams were thrown in with private records, and it was what most people would call a hot mess. More care and planning went into the remake of Fantastic Four than the VA used to put into these records, and that’s not saying much.
  2. Initial Application turn-around. Way back in 2011, after Instagram but before Snapchat, Initial applications for disability benefits used to take at least 12-18 months before the VA would make a decision. That process has improved in many ways. Initial applications for most Veterans are able to come back within a year. However, Veterans who apply as a part of their discharge process can get decisions back in as little as three months. Also, Veterans with fully developed claims can get their initial applications back quickly too.
  3. BVA Hearings. Another area in which the VA has improved vastly is in the BVA or Board of Veterans Appeals. Heather Vanhoose, our lead VA attorney, has witnessed this firsthand. She mentioned that she’s seen the turnaround time for BVA hearings decrease steadily over the past five years. The VA has hired more people to deal with the backlog and they’ve actually done a good job to get these hearings scheduled quicker.
  4. Public Awareness. If I were to give the VA an “A” in one area, it would be Social Media. I guess that is kind of ironic considering I work in social media too. However, maybe it’s because I do work in social media that I notice this, but it’s worth noting. First of all, every Regional Office and most VA Medical Facilities have Twitter handles. That is pretty impressive for an organization that didn’t make use of scanners until 2015. The VA also makes use of social media to have question and answer sessions, live video chats, and even behind the scenes info. It really appears as if they are making a valent effort to reach young Veterans. Their accounts are also pretty interactive. They actually take the time to answer questions.
  5. E-Benefits. The E-Benefits  sites by far one of the most helpful tools a Veteran can use. The E-Benefits sight helps Veterans sign up for benefits, gets copies of documents and even lets them know where their case is at in the process. It’s a very helpful way to keep Veterans informed. It was not always this way, though. When I started it was not very interactive, and it really didn’t do much to help a Veteran with his or her case.

Overall, I am not trying to say that this process is perfect now. In fact, it’s actually far from it. I just wanted to shed some light on a few things that the VA is doing well. Also, I understand the fact that the VA has a good Twitter account means very little to you if you’ve been waiting years for a claim to get approved. But, the VA is making some moves in the right direction.

If you feel as if you are stuck with your claim and would like to know what our firm can do fo you, call us for a free case evaluation. Our toll-free number is 1-877-526-3457. However, if you can’t talk right now, fill out this form  so that we can contact you at a better time.

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Camp Lejeune Presumptive List May Soon be a Reality for Thousands of Veterans

If you enter Camp Lejeune in Jacksonville, North Carolina, you’ll notice a big sign that reads: “Home of Expeditionary Forces in Readiness.” That slogan is Camp Lejeune Wateractually prominent throughout the base, as well as in publications associated with the base. This name is due in large part to the fact that the base occupies 14 miles of beaches and houses a lot of amphibious assault training. Plus, the United States Marines are Also the “first to fight.” The access to the water makes it easier for the Marines in this location deploy quickly. There is a bit of irony here. Camp Lejeune was founded because of its location relative to a body of water, but its water supply is why so many people of it now.

From 1953 to 1987, many residents of Camp Lejeune were exposed to contaminated water, and they are suffering the effects now. For more than three decades residents of this base drank and bathed in water that was apparently contaminated by a nearby fuel supply. Not all water sources on the base were impacted, and not everyone who served at this base, or lived there, was exposed.  Many of the people who were exposed have cancer and other types of diseases too. This has been public knowledge for most of my life, and yet the VA does not allow Veterans to file for presumptive conditions as a result of Camp Lejeune water contamination. But, that may actually be changing.

First of all, what is a presumptive condition? Veterans familiar with Agent Orange exposure or Gulf War Illness already have a good understanding of what a presumptive condition entails. For the rest of us, though, a presumptive condition is one that the VA claims a Veteran could have if he or she were in specific place during a specific time. For Vets who served in Vietnam, Diabetes is a presumptive condition. In other words, if you’re a Veteran who served in Vietnam, and have been diagnosed with diabetes, then you don’t have to prove that the condition came from your time in service. The VA assumes that your exposure to Agent Orange is what caused your diabetes. The same is true for certain conditions for Veterans who served in Iraq, and other parts of the Middle East. The VA has an established list of conditions that Veterans may have as a result of their time in country.

 I started working for this firm in 2011. Back then there were talks of the VA creating a Camp Lejeune presumptive list. However, we’re dealing with the government, and they move slower than I do when it comes to an unexpected flight of stairs. Granted, there have been a ton of lawsuits, but not much came of that. Congress got involved a few times, but they’re like the Kim Kardashian of the Government…they’re famous for doing nothing.  Then, it kind of went on the backburner for a while. Camp Lejeune talks pretty much stopped. Up until this spring, I worked in our Intake department, and we even started getting fewer calls from Veterans inquiring about Camp Lejeune. Honestly, I had forgotten about Camp Lejeune. I mean, I was still aware of it, and I knew it was an issue, but I didn’t think about it as much Agent Orange or Gulf War Illness. That was until last week.

close ups 016Friday was a long day for me. I had just returned from Vacation earlier in the week, and I was eagerly anticipating my evening of XBOX playing and celebrity bashing on Twitter. While I was a little zoned out at my desk, my coworker Kris Fluharty approached me. His presence made me jump a little. Kris is a VA savant. In fact, he recently passed the VA non-attorney rep test. He knows his stuff. “Jon, I think this would be good for the blog.” He handed me a press release from the VA titled “VA Proposes Rule to Consider Certain Diseases Associated with Exposure to Contaminants in the Water Supply at Camp Lejeune.” Though the title was long I knew it was good news. For one, Kris actually seemed happy about it, and he is normally void of emotion. We were once together when we found out that we were going to have a self-serve chocolate candy bar at our company Christmas party. I squealed with delight, while Kris just said “that’s cool,” and went back to work. So, for Kris to be excited, it was a big deal.

When he handed me the press release, I read it over and asked him what his take on it was. He said that it was good news because the VA is another step closer to making a presumptive list for Camp Lejeune. In fact, they actually have a list of conditions they believe are associated with the water contamination. According to the press release, the following list applies to active duty, reserve, and National Guard members who served no less than 30 days at Camp Lejeune between August 1st, 1953 and December 31st, 1987. (Marines aren’t the only ones who served at Camp Lejeune.)

  • Adult Leukemia
  • Aplastic Anemia and other Myelodysplastic Syndromes
  • Bladder Cancer
  • Kidney Cancer
  • Liver Cancer
  • Multiple Myeloma
  • Non-Hodgkin’s Lymphoma
  • Parkinson’s Disease

It’s important to note that this is not an official presumptive list. If you were a millennial you might say that this is not “Facebook Official” yet. In language adults will understand, it’s not the law yet. It does, however, mean that we are closer than ever before to getting this list established, though. It also means that the official list is probably just around the corner. If you served at Camp Lejeune during the periods listed above and have one of the aforementioned conditions, it’s time to get your ducks in a row.

If you haven’t filed a VA disability claim before, this might be the time to do so. To learn more about the possible presumptive conditions, or to schedule a free evaluation, call us today. Our toll-free number is 1-877-526-3457. Or, fill out this form now to schedule a consult at a different time.

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How a Conversation with a Veteran 5 Years Ago Helped Me Realize I Was in the Right Career Field

Today I am going to share the story of the moment I knew working with Veterans Disability was the right career path for me.

On Veterans Day this blog turns Five, and in March of 2017, I’ll celebrate my 6th anniversary with Jan Dils Attorneys at Law. However, before I wrote this blog Jason Watkins 061before social media was a part of my job title, and well before I knew anything about VA Disability, I was just a 27-year-old guy who was a little lost. I was finishing graduate school and working part time at a small retail outlet selling satellite dishes. In January of 2011, it was announced that the retail part of the company would be shutting down. In fact, my birthday would be the last day that I would be employed. Two months later I was working for a well-known law firm in Parkersburg, WV called Jan Dils Attorneys at Law. My new job required me to talk to Veterans and give them updates on their case. I was also supposed to screen potential new clients for representation. Learning a new job is tough, but add on top of that the entire VA disability process and I were overwhelmed, to say the least. For a while, I did not think that this was for me. I questioned a lot about my abilities at the time, and several times I thought about quitting. I liked my coworkers a lot, and the company was definitely a great place, but I thought I couldn’t do the job. However, one day, after talking to a young Veteran about becoming a client, I knew I was in the right place.

Please keep in mind that we are a law firm and I can’t give out personal or detailed information about our clients, so this may seem vague at times, but I am simply protecting the Identity of our client.

A few months after I started, I received a call from a young man asking about benefits. He was only a few months younger than me. At the time, most of the Vets I encountered were much older. Traditionally they were Vietnam Veterans who had great cases. It’s not that I didn’t care for these individuals; it was just difficult for me to relate. I cannot imagine what it must have been like to serve in Vietnam, and it’s difficult to get this generation of Veterans to really speak openly about their experiences. The young man I spoke to served in Afghanistan. I wish I knew why, but for some reason, he really opened up to me about his experience. He was a young father of many and was married to a supportive wife, but couldn’t seem to adjust to civilian life. He had been through several jobs since returning home and he could not find anything stable. Worst of all, he kept getting denied for VA disability compensation. The specific claim he was denied for that really made no sense was PTSD. This fella had a severe case of PTSD and was diagnosed and treated by a civilian doctor and by a VA doctor. Not only did the VA deny his claim for PTSD, they tried to say that he was malingering. For anyone who may not know, malingering is a fancy way of saying that the person is pretending to have symptoms. In this case, they said that the Veteran was pretending to have PTSD symptoms.

The malingering part bothered me a lot. First of all, this client served 4 tours in Afghanistan. He was in combat, and he witnessed gunfire, explosions, and the death of friends. He was obviously lost now, and he was having issues with anger, sleeping disorders, anxiety and many more of the core symptoms of PTSD. In fact, I’ll even go as far to say that his PTSD was so obvious, Ray Charles could see it. But they said he was faking.

When lead VA attorney Heather Vanhoose found out about the malingering statement, she couldn’t believe it. Heather loves all Veterans, but this case truly upset her because the VA was so blatantly wrong.

This was a tough case, but our firm was able to get the Veteran 70% on his PTSD claim, and he is connected on several other issues. He was awarded back pay to his original file date. It just goes to show that persistence pays off. We believed in this young man’s case when few others would. We got him the benefits he deserved.

Interacting with this client helped me realize that I had found my home. When he would talk, he would often get upset about how the VA would treat him. He had a distinct voice. He had a southern accent though I am not positive he ever lived in the south. I could tell there was a lot of pain in his voice. I took pride in the fact that I was able to make him laugh a few times. For a few seconds, I was able to help him forget his worries.

It’s nearly six years later and I still check up on this person from time to time. It’s interesting to see how much has changed in this period of time. He seems to be under less stress now, and I like to think that we had some small part in that.

This was the first client I truly felt a connection to, and there have been a lot more to follow. For five years I screened new clients for the firm and did intake appointments. It was great to get to know so many men and women who have done so much for this country. My current position with the firm has me working on social media and community outreach. I don’t get to know our clients as well now, but I still love what I do. Plus I still get to interact with Veterans; I just do it in the community now instead.

We’re not like other law firms. We really are passionate about what we do. I’m not alone here either. I know we’re different because our lead attorney shouts with joy when she receives a decision for a Veteran she’s worked with for years. I doubt other law firms have employees like case manager Meg, who holds back tears when she shares stories with new employees about the clients she’s helped. Most law firms don’t have non-attorney reps like Kris, who could easily be successful in any field, but he chooses VA disability.

I am so glad I was able to interact with this client. Without him, I may have gone off and done something boring, like accounting.

If you want to experience our firm for yourself, call us today for a FREE consultation. Our toll-free number is 1-877-526-3457. If you’d rather contact us after hours, fill out this form now, so that someone may contact you at a better time.

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