Agent Orange is basically a slang term for any kind of herbicides used during the Vietnam War to kill dense jungle vegetation.
If you are a veteran who has received Social Security Administration Disability benefits, you should submit that disability award to the VA for consideration on your claim for VA benefits.
Service connected conditions receive a compensation rating. For each particular condition there’s a diagnostic criteria, a percentage and specific symptoms.
Technically speaking, you can call an attorney at any time. But as far as the VA goes, an attorney can’t be engaged, or you can’t have a contract with a veteran, to help them with a disability claim until they receive their initial rating decision.
A VA rating increase is for someone who already has a service connected disability.
Every veteran who has a service connected disability will have either a specific rating for that one disability, which would also be his total rating, or if they have multiple, they would have individual ratings for each condition and then a total rating.
The higher your total percentage is, the harder it is to get an increase if you get another grant. What unemployability does is, if you were at 60% for one particular condition or 70% for multiple, one of which, with some different variations, is at 40%, you can apply for unemployability, and at that point, they can grant you 100% payment even if you’re not, technically, at 100%.
A Nexus Medical Opinion essentially establishes a relationship between something that happened in the service and a current disability.
“I don’t think that it’s any secret that the VA suffers from an incredible backlog of cases. They take an enormous amount of time to get any decision back to veterans, no matter what stage of the process they’re in.”
The VA made a change to the PTSD regulations in 2010 conceding that the structure involved in getting a PTSD award can be from fear of hostile military activity; allowing veterans who may not have been technically in combat to obtain PTSD disability.
There are two basic types of service connections. There’s direct service connection and there’s secondary service connection.
So, now when you do want to appeal, you’ll still file a notice of disagreement, but what you’ll do is file it directly with the board of veteran’s appeals, and then at that point, there are three different tracks that you can choose based on what your case looks like, what kind of evidence you have, what the issues are and appeal.
A Compensation and Pension Exam is an examination that’s set up by the Department of Veterans Affairs in connection with a claim for disability benefits that’s been put in by a veteran.
Non-service connected pension is a needs based program and may apply if you’re totally and permanently disabled. It doesn’t have to be for a service connected injury or disease.
Compensation and Pension Exams help the VA get a determination medically from a medical professional regarding whatever issue or issues may be claimed by the veteran to help them better make a decision, whether they can grant benefits to a veteran after they put in a claim.
In a veterans disability claim, lay evidence is basically any evidence and all evidence that is not medical. If you have a statement from the veteran, a statement from his family members, friends, people that they served with, any statement regarding the veteran’s condition or things that happened in the past, anyone who’s not a medical professional but would have personal knowledge regarding the veteran’s either current condition or in service injury, things like that. It’d be any kind of non-medical expert that can provide some kind of information that’s pertinent to the claim.
Having an attorney to help with a VA disability claim is useful to identify evidence needed to win the claim by establishing service connection or to get a rating increase, and to work to best represent the veteran through the entire appeals process.
A VA rating increase is for someone who already has a service-connected disability. As soon as you think your condition worsens, you should file a claim for a rating increase with the VA as soon as possible.