Battle Scar Claims

11/11/2024

04/26/2023

A service-connected disability is a medical condition or impairment that is considered to have resulted from or been aggravated by military service. Veterans who have a service-connected disability may be eligible for compensation and other benefits from the Department of Veterans Affairs (VA).

In order for a disability to be considered service-connected, there must be evidence that the condition or injury occurred or was worsened during military service. This can include injuries sustained during combat, exposure to hazardous materials, or other events or conditions related to military service.

The VA uses a system of disability ratings to determine the level of compensation that a veteran with a service-connected disability may receive. The rating is based on the severity of the disability, and can range from 0% to 100%. Veterans with a disability rating of 10% or higher may be eligible for additional benefits, such as healthcare and vocational rehabilitation.

04/25/2023

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09/06/2022

Different types of VA Disability Claims

1. Original Disability Claim - Your very FIRST claim after separation from the Military requesting disability benefits.

Must submit VA Form 21-526EZ

2. Increased Claim - When a disability rating is assigned by VA that is determined to be service connected. This request is to increase your claim for a condition that is WORSENED.

Must submit VA Form 21-526EZ

3. New Claim - Request for additional compensation/benefits, NOT related to your original claim but is a service connected disability.

Must submit VA Form 21-526EZ

4. Secondary Service Connected Disability - A Disability Rating must be previously ASSIGNED in order to file this type of claim. This must be NEW and LINKED to a disability already assigned.

Must submit VA Form 21-526EZ
VA Form 21-526b is DISCONTINUED!!!

5. Supplemental Claim - Related to DENIALS ONLY! Must ALWAYS have NEW EVIDENCE or MEDICAL RECORDS from Primary Care Physician or Private Providers that WASN'T previously SUBMITTED!!!!

Must submit VA Form 20-0995

6. Higher Level Review - If you DISAGREE with a VA decision, you can request a NEW review of your case by a senior reviewer. The reviewer will determine whether an error or a difference of opinion changes the decision. You CANNOT submit new evidence with a Higher-Level Review.

Must submit VA Form 20-0996

You CAN request a Higher-Level Review of an initial claim or Supplemental Claim decision.

You can’t request a Higher-Level Review after a previous Higher-Level Review or Board Appeal on the same claim. And you can’t request a Higher-Level Review if you have a contested claim.

PTSD Claims should be submitted on a different forms:

VA Form 21-0781 – A Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder; OR

VA Form 21-0781a – A Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder Secondary to Personal Assault

09/06/2022

What’s the PACT Act and how will it affect my VA benefits and care?

The PACT Act is perhaps the largest health care and benefit expansion in VA history. The full name of the law is The Sergeant First Class (SFC) Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act.

The PACT Act will bring these changes:

Expands and extends eligibility for VA health care for Veterans with toxic exposures and Veterans of the Vietnam, Gulf War, and post-9/11 eras

Adds more than 20 new presumptive conditions for burn pits and other toxic exposures

Adds more presumptive-exposure locations for Agent Orange and radiation

Requires VA to provide a toxic exposure screening to every Veteran enrolled in VA health care

Helps us improve research, staff education, and treatment related to toxic exposures

If you’re a Veteran or survivor, you can file claims now to apply for PACT Act-related benefits.

What does it mean to have a presumptive condition for toxic exposure?

To get a VA disability rating, your disability must connect to your military service. For many health conditions, you need to prove that your service caused your condition.

But for some conditions, we automatically assume (or “presume”) that your service caused your condition. We call these “presumptive conditions.”

We consider a condition presumptive when it's established by law or regulation.

If you have a presumptive condition, you don’t need to prove that your service caused the condition. You only need to meet the service requirements for the presumption.

Locations:

On or after September 11, 2001, in any of these locations:

Afghanistan
Djibouti
Egypt
Jordan
Lebanon
Syria
Uzbekistan
Yemen
The airspace above any of these locations

On or after August 2, 1990, in any of these locations:

Bahrain
Iraq
Kuwait
Oman
Qatar
Saudi Arabia
Somalia
The United Arab Emirates (UAE)
The airspace above any of these locations

Source: Department of Veterans Affairs

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07/28/2022

A procedural vote to advance legislation aimed at helping millions of veterans exposed to toxic burn pits failed on Wednesday afternoon, in a surprise move that the Senate Veterans' Affairs chairman warned could cost veterans' lives.

With 60 votes needed to advance, the vote was 55-42 with Senate Majority Leader Chuck Schumer changing his vote from yes to no in order to allow a future vote on the legislation. Twenty-five Republicans who supported the previous version of the bill did not support this procedural vote.

https://www.cnn.com/2022/07/27/politics/senate-burn-pit-bill-fails/index.html

07/20/2022

Prescription Medical Ma*****na for Texas residents! Federal employees do not qualify!

Here is some info that may be helpful.

Medical Ma*****na is legalized in the state of Texas. A patient has to have a qualifying condition along with a prescription from a board certified physician who is registered with the state to prescribe.

Qualifying conditions consists of PTSD, Chronic Pain, Neuropathy/Sciatic Pain ( pain, numbness tingling burning weakness in the limbs of the body for example), Carpal tunnel syndrome, Muscle Spasms, Austism, Cancer, Dementia ( Parkinsons, Alzheimer's, etc.,), Multiple Sclerosis, Seizures.

There are two dispensaries in the state of Texas that have pickup locations throughout the state. The dispensaries are regulated by the state.

The medical ma*****na comes in two forms pure THC and a hybrid of THC and CBD. Medication comes in edible form also in tablets lozenges oral oil droplets beverages and candy bars.

The patient can call or text for a free phone consultation to address questions and concerns. If they choose to proceed the fee is 150.00 (CASH PAYMENTS ONLY, THEY DO NOT TAKE INSURANCE) which includes prescription and refills for one year and free follow ups with the one year.

The medication can range from 30.00 for sample sizes and up to 160/180.00 for one month supply.

It is an electronic prescription and a doctor's note can be provided to verify medical use of the ma*****na.

Doctors visit is over the over the phone or video call, (15-30 min).

Inbox me for contact information.

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07/14/2022

Have you heard about CUE?

What is it? Clear and Unmistakable Error

Clear and unmistakable error (CUE) means that the correct facts were not known to the VA at the time, or the law and regulations in effect at the time were not applied correctly. The error must have been grievous enough to have changed the outcome of the decision at the time it was made, and be so wrong that reasonable minds could not differ. These claims are difficult to win, but certainly not impossible.

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07/11/2022

Are you a Service Member who received less than an honorable discharge?

All branches of the military consider you to have a strong case for a discharge upgrade if you can show your discharge was connected to any of these categories:

Mental health conditions, including posttraumatic stress disorder (PTSD)

Traumatic brain injury (TBI)

Sexual assault or harassment during military service (at VA, we refer to this as military sexual trauma or MST)

Sexual orientation (including under the Don’t Ask, Don’t Tell policy)

FYI! Applying again is most likely to be successful if your application is significantly different from when you last applied. For example, you may have additional evidence that wasn’t available to you when you last applied, or the Departent of Defense (DoD) may have issued new rules regarding discharges. DoD rules changed for discharges related to PTSD, TBI, and mental health in 2014, military sexual harassment and assault in 2017, and sexual orientation in 2011.


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06/17/2022

Did you know that many Veterans approach to obtaining disability benefits can cause them thousands of monthly tax-free benefits and delays on receiving medical and educational benefits?

If Veteran Affairs said no, we may be able to help you get a yes!

Contact us today!


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