Military Veterans' Lawyer Blog

Many veterans are exposed to noise during their military service. And by noise I mean everything from explosions, gunfire, jet engines, machinery, or other events that produce loud sounds.

Tinnitus is commonly referred to as "ringing in ears," but may sound to the veteran like popping, old test tube equipment, electrical sounds, clicking, or another noise in the ears or head of the veteran.

The VA provides a 10% disability rating for veterans having this disability as long as the tinnitus is recurrent. The maximum amount is 10%, regardless of if the tinnitus is in one or both ears, or the head.

If the veteran is granted 10%, that is the maximum allowable for this disability. However, tinnitus may be combined with another disability such as hearing loss, unless the tinnitus supports the other disability.

Texas Veteran’s seeking help buying and owning a home, just received a little extra help on February 9, 2010. Under this new program called the Texas Veteran’s Mortgage Credit Program, a veteran may apply and receive up to $2000 on the mortgage interest paid to own a home in the State of Texas.

For complete details please visit the website listed below or read the material copied from the site in the continued reading section.

From http://www.tdhca.state.tx.us/homeownership/fthb/mort_cred_certificate.htm#veteranmcc

Continue reading "Texas Veteran’s – Texas Veteran’s Mortgage Credit Program" »

If you or a deceased family member was prevented from separating or retiring between September 11, 2001, and September 30, 2009, because of Stop-Loss, you may be entitled to $500 for each month you were stop-lossed (retained).

YOU MUST APPLY with your respective service no later than October 30, 2010, and apply using the following sites or e-mail addresses:

Stop Loss contact information:

Air Force: http://www.afpc.randolph.af.mil/stoploss/

Army: https://www.stoplosspay.army.mil
or email: RetroStopLossPay@CONUS.Army.Mil

Marine Corps: https://www.manpower.usmc.mil/stoploss
or e-mail: stoploss@usmc.mil

Navy: E-mail : NXAG_N132C@navy.mil

There are requirements you must comply with, but the program is geared to assist you. For instance the Air Force requires a simple 2-page document be completed and attachment of your DD-214 and proof of Stop-Loss. The DoD, however, is allowing statements to be made by the veteran's chain of command to prove the veteran was retained.

For additional information please read Military.com, which cited the American Forces Press Service article by SFC Michael J. Carden at:
http://www.military.com/news/article/army-news/troops-to-be-compesated-for-stop-loss.html?wh=benefits

or the Army's release of the article by SFC Michael J. Carden at:

http://www.army.mil/-news/2009/10/22/29120-defense-department-to-begin-compensation-of-stop-loss-troops/

The Congressional Budget Office posted the changes for TRICARE as proposed by Congress in the Health Care plan of 2009-10.

At the same time politicians scream the country needs Health Care, the same politicians are silently taking away health care benefits earned by retired military men and women.

Men and women who accepted the call to defend this country, often at much lower wages than they could earn in the civilian world, because they made choices. These choices involved love for their country and other intangible and tangible issues including being told Health care was a benefit they would earn and have if they served 20 years and retired honorably. These brave men and women earned their Health Care. So why is Congress taking from the veteran?

Congressional staffers for years have looked at the veteran's TRICARE and other related health care programs as a hemorrhaging budget item. Their solution, have the veteran pay MORE.

The rationale of the Congressional or DoD staffer is simple, they mistakenly claim civilians pay more. I argue the military member has paid much more than the civilian. Some veterans will never recover from their wounds. Other veterans chose to stay in the military under the belief Health Care was a benefit they would be provided while on active duty and after retiring.

Veterans paid by serving their country for 20 or more years. That was the contract between the United States and the military member / veteran. Serve your country honorably, retire, and receive Health Care as a partial compensation for accepting the duty and lower earnings over 20+ years.

While Congress screams to force business to pay for Health Care for their employees. Congress does not feel the same about their employees, military men & women. Veterans need to write their Congressional Representatives.

To read a synopsis of the Health Care which was proposed and how it affects TRICARE users read below.

Continue reading "Health Care Changes for Retired and Tricare Eligible Veterans?" »

B cell leukemias, Parkinson's disease, and ischemic heart disease are now presumptive diseases / illnesses for veterans exposed to Agent Orange.

On October 13, 2009, the Department of Veterans Affairs in a news release announced the VA is extending VA benefits to Vietnam veterans who were exposed to the herbicide Agent Orange.

The October 13, 2009, VA news release states an “estimated 2.6 million” veterans were exposed to the herbicide commonly referred to as Agent Orange. Secretary Shinseki declared “Veterans who endure health problems deserve timely decisions based on solid evidence.” An independent study concluded these illnesses/diseases are directly related to Agent Orange exposure.

The significance of the VA including these 3 new illnesses as presumptive disabilities resulting from Agent Orange exposure, the veteran does not have to prove a connection between their military service and the resulting disease. The veteran, however, must have been exposed to Agent Orange. Therefore, a veteran who is exposed to Agent Orange, as proven by being in the Army and in country (in Vietnam), the veteran has been exposed to AO. Inclusion of the presumptive disease / illness means the veteran is presumed to have a service-connected disability if he has one of the presumptive diseases.

Service and exposure coupled with a current disability is now a service-connected disability.

The full list of presumptive diseases / illnesses associated with Agent Orange includes:
1. B cell leukemias;
2. Parkinson's disease;
3. ischemic heart disease;
4. Acute and Subacute Transient Peripheral Neuropathy;
5. AL Amyloidosis;
6. Chloracne;
7. Chronic Lymphocytic Leukemia;
8. Diabetes Mellitus (Type 2);
9. Hodgkin’s Disease;
10. Multiple Myeloma
11. Non-Hodgkin’s Lymphoma
12. Porphyria Cutanea Tarda
13. Prostate Cancer
14. Respiratory Cancers, and
15. Soft Tissue Sarcoma (other than Osteosarcoma, Chondrosarcoma, Kaposi’s sarcoma, or Mesothelioma)

The effective date is the original claim date the veteran filed the Claim for VA Benefits for one of these new presumptive diseases / illnesses. If you were previously denied VA benefits claim for a B cell leukemia, Parkinson's disease, or ischemic heart disease you have a current claim.

Suicide is not the answer, according to this clip. Unfortunately, many wounded and disabled veterans carry the burden of depression, loneliness, fear of the unknown future, and just want to give up. I understand all too well.

For the disabled veteran their world has turned upside down. They were active, strong, and had the future. Depending on the injury, event or disease that changed the veteran's life, the hope may be gone.

For me I sought counseling on how to deal with my loss and also how to deal with how people treated me now. I just recently went through a devastating loss when a fiancé left when she saw my vision during a low vision eye exam. I turned to counseling to find hope.

Continue reading "VA PSA by Gary Sinise" »

Memorial Day brings back a lot of memories to me of serving overseas and in a combat zone. Friday meant just two more workdays until Monday. For me, as an aircraft commander or Mission Director, even time in the tent meant I was thinking about the upcoming operations or missions ahead. I was constantly thinking and preparing to achieve the mission objectives.

The objective of VA benefits is to help you to compensate for any service-connected disabilities that limit your earnings.

I can state you need to take charge of helping yourself receive your disability payments or Vocational Rehabilitation to achieve your post-military objectives. You need to act to receive VA service-connected disability payments or help.

For a VA benefit that you earned to be awarded to you, the VA first has to know about you. You must apply for VA benefits through a "526" at your VA regional office. Each day you prolong is a day the VA does not know you have a disability. This is a day you will never be paid for your service-connected disability.

My advice to you is immediately upon separation or retirement, apply for your VA benefits. Do not wait. The date you apply, establishes your “effective date.” Think of this date as analogous to your enlistment date, this is the date that the Department of Veterans Affairs will use to calculate the monies owed to you once your Disability rating is established.

I understand, you may want nothing to do with the military or VA, but the VA folks are not mind readers, they cannot know you have a claim until you file. The law prevents them from granting you an effective date, you thought about filing --- you must apply for your benefits.

Next, within the FIRST year of separation or retirement any disabilities noted and claimed to the VA are considered to be within the presumptive period indicating this is a service-connected disability. Again ANOTHER REASON TO FILE SOON.

As our previous blogs have pointed out you need 3 things to receive a service-connected disability, the first of which is a disability in service, followed by a current disability, and finally a connection or nexus between these 2 disabilities.

Trying to "tough it out" and not let the VA know until 20 or 30 years later allows the VA to search for other alternatives to your disability. You may very well have a current disability, but the VA may use an intervening event (your involvement in a car crash) as the actual cause of the disability. Therefore there is not a connection between your in-service disability and the present disability. Plus, you lose all those years where you could be paid for your service-connected disability.

That is why timely filing establishes the fact that you have an in-service disability. Therefore, just as you were vigilant while in service to accomplish the unit’s mission, you need to be proactive with your objective of receiving a service-connected VA disability claims, and file today.

Happy Memorial Day --- Thank you for your service to our country.

Filing a claim for disability benefits with the VA is a straight forward process. There is no magic formula to the process.

However, recent revelations about some employees at some VA Regional Offices destroying or hiding claims raises issues regarding how veterans can protect themselves from such unconscionable behavior. There are some things you can do to help make sure your claims are received and processed by the Department of Veterans Affairs.

The easiest way to protect against lost or destroyed claims is by delivering the claim to the VA Regional Office directly. Deliver the claim directly to the VA and ask the VA employee accepting the claim to date stamp the claim as received and provide you with a copy. The VA employee should be glad to accommodate your request. If the employee is not willing to abide by your request, ask to see a Supervisor. Now you have a copy of the claim you filed with a VA date stamp showing the date it was received by the VA. If you later discover the claim has been lost or has otherwise not be processed by VA, you can provide them with a copy of what you have and insist they open the claim and begin processing. Remember the date of the claim should be the date shown on the copy VA provided to you. This date is important because most benefits granted are granted effective the date the claim was filed with VA. There are exceptions to this but the date of the claim is a very important date and it should be correct.

Next, if you can’t get to the VA Regional Office for some reason, the next best way to prevent lost or destroyed claims is to visit a Veterans Service Organization such as the Disabled American Veterans (DAV), American Legion, Veterans of Foreign Wars (VFW) or your state veterans service organization. They can help you complete the claim paperwork and can submit the claim for you directly to the VA Regional Office. Make sure the organization you choose has procedures for filing the claim. Most veterans service organizations log claims filed for claimants into some type of database or tracking log to ensure the claim gets opened and processed by VA. Again you should ask the service organization for a copy of what they file on your behalf. Then if the claim gets lost or destroyed, you have proof the claim was filed supported by the service organization records of the claim.

Finally, if you have received a decision from VA on a claim that you don’t agree with, hiring an attorney can be a good idea. Most attorneys use certified mail, return receipt requested when sending claims, documents or other important paperwork to the VA. This ensures the VA receives what has been sent. The VA must sign for the submission and that signed receipt is returned to the attorney.

Remember, it’s your claim; take responsibility for ensuring everything that can be done, is done to make sure the Department of Veterans Affairs receives, opens and processes your claim for benefits. Whether you file your claim directly with the VA, through one of the veteran service organization or an attorney, make sure you’ve done all you can to ensure your claim is given the attention it deserves by the VA.

Recent U.S. Court of Appeals for Veterans Claims (CAVC) cases have clarified how medical opinion evidence must be considered. These decisions did not have any impact on current Department of Veterans Affairs regulatory language, but they have made it clear how the CAVC will handle decisions made based on medical opinion evidence.

CAVC has held that the probative value (the weight to be given) of a medical opinion rests primarily in the examiner’s reasoning or rationale. CAVC held that private medical opinions cannot be discounted based on a lack of review of the veterans DVA claims file. CAVC further indicated that a DVA examination is not accorded greater probative value simply based on review of the claim folder.

However, CAVC did hold that DVA DOES NOT have a general duty to inform every claimant providing a private medical opinion of the availability of the DVA claim folder. In other words, DVA’s failure to inform the claimant that the claim folder is available for review by the private physician is not sufficient to reverse a denial based on lack of sufficient reasoning/rationale by the private physician.

CAVC indicates it is the claimant’s responsibility to ensure the private physician is provided with all of the pertinent medical evidence/facts before formulating a medical opinion. In other words, if you plan to submit a private medical opinion to support your claim for benefits, it is prudent to obtain a copy of your claim folder and provide it to the private physician for review prior to rendering the opinion. It is also VERY important to make sure the private physician indicates in the medical opinion that the claim folder was reviewed.

Providing a private medical opinion can be very helpful in supporting your claim for benefits. A private physician’s opinion, however, without a sound rationale based on review of all pertinent medical evidence will not be given the same probative value as an examination by a DVA physician based on review of the claim folder.

Haas v. Nicholson was the case brought on behalf of “blue water” veterans who argued that the presumption of exposure to herbicides (Agent Orange) should be extended to veterans serving in the waters off the coast of Vietnam.

The presumption of exposure to Agent Orange has been defined by the Department of Veterans Affairs (DVA) as “served in the Republic of Vietnam.” This definition means a veteran must have performed duty or visited the country of Vietnam to be considered to have “served in the Republic of Vietnam.” This presumption of exposure, therefore, did not extend to those serving in the waters off the coast of Vietnam.

The argument made by the appellant, Jonathan L. Haas, was that the presumption should extend to those who served in the waters off the coast of Vietnam. The Board of Veterans Appeals (BVA) upheld the VA’s regulatory interpretation that presumption to exposure to Agent Orange did not extend to these “blue water” veterans.

Mr. Haas appealed this decision to the U.S. Court of Appeals for Veterans Claims (CAVC). CAVC set aside the Department of Veterans Affairs (DVA) interpretation as too restrictive. This decision opened the DVA claims process for “blue water” veterans to claim service connection for the conditions listed in 38 CFR 3.309 as conditions presumed to have resulted from exposure to herbicides.
DVA appealed the CAVC decision to the United States Court of Appeals for the Federal Circuit. This court reversed the CAVC decision and upheld the DVA interpretation of what constitutes exposure to herbicides as permissible.

The DVA is in the process of establishing procedures to begin adjudicating the “Haas” claims that were placed in a pending status since this issue began winding through the court system.

What does this mean to veterans who have claims designated by DVA as “Haas” claims? It is not clear yet how the decision is to be implemented. DVA is still determining how to handle the large number of claims in this category. All veterans with “Haas” claims are CAUTIONED to carefully examine any decision by the DVA denying these claims. Careful review of these denial decisions need to be completed to ensure DVA Regional Offices implement the final processing procedures correctly, and that individual DVA decision-makers follow these procedures.

Title 38 specifically, 38 U.S.C. § 5103A - Duty to Assist Claimants, establishes and the Court of Appeals for Veterans Claims has held the threshold for VA’s duty to assist veterans with their claims is low. Subparagraph 5103A(a) states “the Secretary shall make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant's claim for a benefit under a law administered by the Secretary." Court holdings provide a veteran’s lay statement describing the nature of the disability, including such things as the initial incident/illness/injury, symptoms associated with that event and the continuing symptomatology and treatment, if credible, is sufficient to trigger the VA’s duty to assist.

Lay Statements
Examples of lay statements supporting a claim when medical documentation is not available would be a knee disability by a former paratrooper who is injured during a combat jump or a claim of tinnitus (ringing in the ears) by a former artilleryman claiming exposure to acoustic trauma. Underlying this, of course, is the fundamental requirement for a current residual, chronic disability -- a current disability. A diagnosis by a physician is not necessary, but you must be able to clearly describe a residual and chronic condition.

Why is this important? Credible statements provide you with an alternative when there is little or no medical evidence to support your claim for disability. The statute and the Court’s review and guidance provide the guidelines and a strategy for overcoming the lack of a medical opinion on whether the current residual disability is related to the described in-service disability. This medical opinion is necessary to establish a service connection when service medical records are silent or equivocal in verifying the in-service disease, injury, or event and medical evidence of treatment since active duty is lacking.

How you maximize this strategy to help trigger VA’s duty to assist in obtaining the medical examination? It is important to provide as much information as possible when making your claim or appealing a VA decision. For example, “I was running inside the company compound at Long Bihn Post, Vietnam on July 5, 1968, when I stepped in a hole and twisted my ankle”. Your description of symptoms must be directed at clearly describing how you were affected by the in-service event. Simply stating “I had pain” is probably not enough.

For example, “my ankle immediately started swelling, became bruised, was throbbing and I could not bear weight on it” is more descriptive and quantifies the pain for the claim. Describe the pain, i.e., sharp, throbbing, dull and achy, etc. You should describe what, if any, treatment you received following the in-service event. Your description should provide as much detailed information as possible, and should contain enough information to verify or raise the presumption the disease, injury, or event occurred.

The detailed information you state should include dates of treatment, provider of treatment, and type of treatment. These details are important. For example, you should describe who, what, where, when the treatment was received such as “on July 6, 1968, I was seen by the company medic, was given aspirin and had my ankle wrapped with an elastic bandage.” This information described to treatment in enough detail to document the in-service disability.

Detailed information about treatment after service for the in-service event should also be provided. This information should be specific and designed to clearly describe the on-going nature of symptoms following active duty. For example, “My ankle flares up several times per year”. “My ankle is weak and easily re-injured resulting in renewed swelling, pain and inability to bear weight. The pain is initially throbbing and turns into dull and achy.”

You should describe what kind of treatment you obtained for these recurrent flare-ups. For example, “since the medic gave me aspirin and wrapped my ankle, I use over-the-counter pain medications (Motrin), use an Ace wrap and a cane when I have problems with my ankle.” If you cannot provide this type of information then the VA’s duty to assist with your claim will likely not be triggered.

Both the Freedom of Information Act (FOIA) and the Privacy Act (PA) give the public the right to request access to records held by Federal agencies.

FOIA applies to all Federal agency records with access rights generally given to “any person.” However, one of the FOIA exemptions permits the withholding of information about individuals to protect their personal privacy.

The Privacy Act applies to only those Federal agency records that are in a “systems of records.” A system of records contains information about individuals that is retrievable using a name or personal identifier (e.g., claim file number). Privacy Act access rights are given only to individuals or their appointed representatives who are the subject of the records sought.

How long does VA have to process a request? The law requires VA respond within 20 working days of the date that the request is received by the custodian of the record. Within that time, the custodian of the record is required to at least advise the requester whether VA has any information responsive to the request. If feasible, the requested information will also be released within 20 working days. VA processes FOIA / PA requests on a first-in, first-out basis. Therefore, if there is a backlog of pending requests, it will take longer to provide a final response.

If the VA cannot provide the requested records within 20 working days, what do they do? The VA will provide the requestor with an interim reply in writing. This reply should include the following language:

This acknowledges receipt of your recent Freedom of Information Act (FOIA) - Privacy Act request, and to inform you of the decision to grant to you access to the requested records if found, and not exempted from disclosure by law. Any releasable sections of the requested records shall be provided to you after deletion of the parts that are exempt. You may expect to receive a response as promptly as possible. Our statewide telephone number is 1-800-827-1000.

FOIA - Privacy Act Officer.

By sending this response within 20 working days, the VA meets the law’s timeliness requirement. The VA will then send the requested documents on the first-in, first-out basis described above. Therefore, if you anticipate needing documents from your VA claim folder, a veteran needs to request these records in a timely and early enough manner prior to any deadline for submitting a claim. The request for the C-File should include the time, if you have wait for the VA to respond, to account for the delay in the VA’s response.

Chronicity and Continuity
Chronicity is established when the disability has been present since the in-service disease, injury, or event occurred. In other words, you have had this residual condition to one degree or another since the disability occurred and leaving active duty.

The second element to prove a nexus is continuity. Continuity means you have been receiving treatment for the condition since leaving active duty. In the absence of clear evidence of continuity and chronicity, the VA may order an opinion examination and ask the examiner to determine if the current disability is “at least as likely as not” related to the in-service disease, injury, or event.

This statement of “at least as likely as not” opinion is then used by the VA to establish the nexus, or connection between the in-service illness/injury exists in order to grant entitlement to the service connected disability. Again, when and how the VA determines whether a nexus opinion is required will be discussed in a later blog.

Establishing entitlement to compensation from the Department of Veterans Affairs for service connected disabilities requires the claimant meet three criteria.

To receive a service-connected disability benefit a veteran must have suffered a disease, injury, or event that resulted in a disability while on active duty, or had a pre-existing condition that was aggravated by the veteran’s service. For this paper these 4 elements that caused the in-service disability will be referred to as disease, injury, or event.

The first criteria are an in-service disease, injury, or event that resulted in a disability. This disease, injury, or event must have occurred during a period of active duty. Since medical evidence is paramount it is usually helpful if medical treatment was provided and recorded in your service medical (treatment) records while on active duty, but not absolutely necessary. The lay statement blog discusses how a claimants applying for a service connected disability can overcome the lack of documented treatment for a disease, injury, or event while on active duty.

The second criterion is a present residual disability related to that injury or illness. You must have a current disability. This means a chronic disability which has been diagnosed by either a private physician or a VA physician. Again, having a confirmed diagnosis of current disability is helpful to the success of your claim, but not absolutely necessary. This issue will also be discussed in a later blog.

The third requirement is a nexus, or connection, between the in-service disease, injury, or event and the current disability. There must be a connection between the in-service disability and the veteran's present disability. Federal statute, case law, and VA rules and regulations require the VA to look for two elements when determining if a nexus exists. These elements are called chronicity and continuity.

See the chronicity and continuity blog for more information on nexus.

Determining the first requirement that an in-service disease, injury, or event resulted in a disability in service is best accomplished through your service medical (treatment) records. If you were injured or became ill during active duty and sought treatment your service treatment records should establish this first element. The VA is responsible, by statute, for obtaining these records. The VA, however, is only required to do a reasonable effort to obtain the records. The VA may claim that they asked the veteran if any other records exist to prove his claim of disability. I will discuss how to overcome this element when VA determines service treatment records are not available in a later blog.

The second requirement of a current disability is best proven by treatment records for the disability since leaving service. This can be done by the use of your VA Medical Center treatment records or by providing the VA with copies of private treatment records. These records must relate to treatment for the disability you are claiming. Submitting treatment records for your heart condition when you’re claiming a back condition will not meet the requirement for establishing a nexus between the in-service illness/injury to your back and your current back disability.

Lastly, the VA should look at all the evidence, service personnel records and service and private medical records, to determine if the nexus has been established. If the nexus is proven to exist, entitlement to service connection for the claimed condition should be established. Remember the three requirements to establish entitlement to service connection disability benefits before filing your claim. Decide how you will best meet these requirements and be able to prove these requirements.

Handling of Medical Records
The attorneys and the Firms experienced staff go through each and every page to determine what medical evidence will support the veteran's claim in accordance with Federal Veterans Laws Rules and Regulations. My Firm and many other attorneys’ offices, employ medical professionals to do an independent chart review to determine if the standard of care for the veteran is in accordance with treatment provided to the veteran. Our clients are also referred to independent medical doctors and psychiatrist who evaluate the totality of the veteran’s medical record.

Only a medical professional may make a medical opinion. Even though you may understand what disease or injury caused your disability, in most cases an opinion only becomes evidence when rendered by a medical professional.

Not every claim can be supported by a medical professional’s opinion. The medical professionals we utilize our professionals, thereby if a veteran has medical evidence it is documented. If the veteran does not have a claim supported by their medical records the firm informs the veteran. If it is possible to send the veteran to a physician, the firm informs a veteran of this in order to document the medical disability the veteran is currently facing and to get the veteran treated.

This evidence normally means medical evidence. Attorneys know what evidence is required to prove a claim. Attorneys also know how to use evidence from medical professional’s statements and opinions contained in the veteran’s medical records. An attorney will NOT fabricate a medical malady to help you improve your claim. Quite the contrary, an attorney’s integrity and professional requirements with the court system requires the attorney only presents evidence that is truthful. This level of integrity helps you in a court.

Relying upon the VA medical centers or QTC to provide you an accurate medical evaluation is once again relying upon extremely busy and overworked human beings to provide you the medical reports and evidence required to prove your claim. An attorney who understands VA laws, rules, and regulations is your best choice for proving your claim for VA benefits after you have sent in your Notice of Disagreement.

Proper development and presentation of evidence is critical to prove your claim before the VA Decision Review Officer, BVA, or the Court. Having an independent medical doctor perform an independent chart review provides the medical professional the ability to render an opinion on any of the VA medical or QTC medical personnel statements contained in a veterans claim folder.

This Firm tells our clients point-blank the firm will not present any frivolous or fictitious claims. By the attorney understanding the laws and the rules the courts will ultimately apply to your claim, hiring an attorney as soon as you have received your initial VA decision that you disagree with makes sense. When your claim is still at the VARO is the time to correct the record and point out to the VA the evidence that supports your claim. The attorney can direct you to medical professionals who may start documenting your disabilities, and presenting their reports as evidence supporting your claim.

Expertise with Administrative Law and Court Rules
Attorneys are licensed by State Bars and have fiduciary duties to their clients. Additionally, attorneys have professional ethical requirements to the Court and their clients. This means the attorney must expertly handle your case.

Contrasting this with a VSO I once had an experience with as my representative on a claim for myself, the VSO employee / National Service officer was fast to state legal terms like “hearsay” and cite regulations showing she did not have to do more than fill-out the claim form. Her understanding of hearsay, however, was applied incorrectly. The documents I needed were records. Hearsay applies to spoken testimony, and there are exceptions to admit even hearsay. The record I wanted had an exception allowing its use. This particular VSO had fought over 5 years not to fill-out a form supported by evidence. Once I took the claim from the VSO, I received payment for the benefit from the DoD within 2.5 months. Unfortunately the government will not pay interest on the back pay, and in-addition to losing the interest I lost the use of this money for the 5 years the VSO fought not to fill out one paper.

An additional area separating an attorney from a VSO is the volume of cases being represented by one person. A typical VSO has over 1100 veterans for each national service officer or benefits counselor. Now think about your medical records, if you had any sort of injury while on active duty, or if you did not have an injury, think about those colonels you knew with 2 or 3 binders of medical records. Can you accurately read a thousand pages times 3 or 4 veterans per day and accurately present the evidence that the VA needs to prove a VA benefits claim?

The reduced client load, expertise in veterans law, and the use of independent medical professionals is just a few reasons why you should hire an experienced VA law firm at the earliest opportunity.

Attorneys Accountability
VSOs are not accountable, if they miss a deadline or fail to handle your claim in a professional and thorough manner your claim and remedies against the VSO are very limited. Your VA benefits claim on the other hand may have lost its effective date, which will cost you money the VA would have paid should you win your appeal.

Thinking about your military training, you are taught the basics and then the advanced tactics to perform your Mission. Of course you can handle your VA claim by yourself, with a VSO, or an attorney. But do you have the advance skills to know and handle all the legal and medical issues? As the adage states “a person who represents himself has hired a fool.” The reason for this is it is very hard to be objective when you are representing yourself. An attorney on the other hand, is trained to be objective and present your evidence in a manner best supporting your claim.

Having an advocate who understands veteran laws, rules, and regulations is imperative to win a VA appeal. An attorney and law firm experienced in Veteran Law is a tremendous asset in your arsenal to win a VA benefits claim.

Benefits of an attorney
Attorneys unlike Veteran Service Organizations (VSO) are accountable, have expertise with administrative law, court rules, and understand how to articulate a position with evidence to prove the claim. Once your case reaches the CAVC, this Court only reviews the record it has before the court. The record consists of almost everything submitted during the VA claims processes culminating with the BVA denial of the veteran’s claim. Waiting until the a claim reaches the CAVC to hire an attorney means your "record" is established, and the attorney must now show error occurred at the VA or BVA.

Once a case is at the CAVC the case becomes an adversarial case. The VA no longer has a duty to assist you. The VA will be represented by their attorneys whose job it is to represent the VA’s position. At this point the BVA (a part of the VA) has determined your claim is without merit or you are not entitled to the benefit. Once at the CAVC, you cannot now “prove your claim” by calling witnesses and “proving your case at trial.” The trial and evidence phase are over and lawyers from the VA will be in the U.S. Court of Veterans Claims to argue the VA’s position your claim is without merit and the Court should uphold the BVA denial.

There are a lot of reasons to hire an attorney early -- one is to properly and thoroughly review your records and present your claim backed by medical evidence.

Why You Should Hire an Attorney for Your VA Claims
A couple of days ago I received a call from a veteran who informed me he was told not to hire an attorney until he went to the U.S. Court of Appeals for Veteran’s Claims (CAVC). The veteran described the old law passed after the Civil War. The Veteran Service Officer who had advised the veteran to wait to hire an attorney was describing the law prior to passage of Public Law 109-461 in December 2006. The Civil War era law was rescinded in order to help veterans. Why not take advantage of the new law designed to help you with your veteran’s benefits claim?

Public Law 109-461, The Veterans Benefits and Health Care and Information Technology Act 2006, now allows a veteran to hire an attorney after the veteran receives a rating decision and the veteran sends in a notice of disagreement with the respective veteran claim to the VA.

Historically
Until Public Law 109-461 was passed veterans could not hire an attorney until they actually reached the CAVC for representation with their claims. For any veteran that has pursued their VA claim, you understand many organizations exist to help you with your VA benefits claim. But only attorneys are permitted to practice in a court of law. The CAVC is an appellate court just below the U.S. Court for the Federal Circuit. The CAVC was created in 1988 to hear appeals from the Board of Veteran Appeals (BVA). Hiring an attorney only after you reach the CAVC is a mistake.

Attorneys are trained and permitted by law to do work National Service Officers or representatives cannot do, such as present oral arguments at the CAVC or the Federal Circuit. The VSO's should see attorneys trained to handle VA claims as a means to relieve the 1100+ case load the VSO representatives currently are assigned. Attorneys, thereby provide expert representation to clients immediately after the VA Regional Office issues the initial denial. From that moment of the VA sending you the rating decision telling you “no” to your claim, you have to convince the VA they overlooked evidence proving your claim.

Attorneys are trained to prove cases, and a VA benefits claim is a case.

In general, exposure to stressors can take three forms. The first is engagement in combat operations while on active duty, the second is non combat experiences such as plane crashes, an automobile accident or other non-combat traumas, and the third is personal/sexual assault.

Establishing exposure to stressors is accomplished in one of two ways. First, is the receipt of awards/decorations while on active duty which confirm engagement in combat operations while on active duty. Such things as a Combat Infantry Badge, Combat Action Ribbon, Purple Heart, Silver Star, and Bronze Star with V Device can confirm the veteran was exposed to combat operations. If you have received one of these awards/decorations the VA considers your exposure to stressors confirmed and no further action is necessary by the VA or you to establish the stressor element of the claim for PTSD.

If you did not receive one of the awards/decorations confirming engagement in combat operations, the law requires you must provide “stressor information” to the VA so they can attempt to verify your exposure to combat stressors. If this is the case, there are some very important things you should know about providing this information. First, the stressor information must be as specific as possible. Specificity means date, place, unit and nature of the stressor must be provided in your statement of the claim to the VA.

The date requires as accurate a date as possible. The date is critical for the VA to research and confirm your exposure to the stressor event. For the purposes of researching your claimed stressor, the VA needs the date to be inside a 60 day window of the actual event.

Next, the place needs to be specific for the same reasons as the date, a researcher will have to verify your exposure to the stressor. An example of too general a location is telling the VA the place, the stressor event occurred, was in the Mekong Delta. This will probably not be enough information to allow the researchers to find any useful information to verify your claimed stressors.

Thirdly, you need to provide your unit at the time of the stressor down to the Company level. Again, the researchers need this information to access the various types of information needed to verify you were exposed to stressors.

Last is the nature of the stressor. Telling the VA your stressor is you “saw dead bodies” is not going to result in the VA being able to verify your stressors. Again, you will need to be specific as to what you experience started your PTSD. Another example of a claim that is too general would be if your claimed stressor is you witnessed a traumatic event in the street while you were on pass in Saigon. The VA will have no way to verify your information unless you can provide the exact place and names of those involved.

Once the VA has established that you have been diagnosed with PTSD and have verified your claimed stressors, they will order an examination to determine the nexus or relationship between your confirmed stressors and your diagnosed PTSD.

If you have been diagnosed with PTSD and will be filing a claim, now is the time to begin thinking about information relating to stressors and the documentation required to prove your exposure to the stressors. In some cases, the stressors were many years ago and remembering the events that caused the stressors is painful. If you didn’t receive one of the awards/decorations confirming combat stressors, providing good, specific stressor information is critical to success in establishing service connection for your PTSD.

Post Traumatic Stress Disorder (PTSD) is a psychiatric condition which falls under Anxiety Disorders. It occurs in individuals who have been exposed to events which have placed the individual in fear of harm or death.

I am not a physician or psychologist, however, the firm is staffed with experienced Veteran Advocates led by an experienced Veteran Attorney, so I won’t try to provide clinical information on PTSD. However, I can provide some helpful information for those suffering from PTSD who are filing claims for service connected compensation from the Department of Veterans Affairs.

Establishing service connection for PTSD requires three basic requirements. First, you must have been diagnosed with PTSD by a psychiatrist or clinical psychologist. Second, you must have been exposed to events, called stressors by VA, while on active duty which have led to this condition. Third, you must establish a relationship, nexus (connection), between the in-service stressors and the current PTSD.