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That ringing sound in your ear is a familiar sound to many veterans who spent years on the battlefield, working with heavy machinery, or on the flight line. The condition that causes that ringing sound is tinnitus, and VA disability claims based on tinnitus are some of the most common VA claims submitted.
Before the ringing turns to music in your ears, you should understand that a claim for benefits based on tinnitus is not likely to get you the full amount of compensation you might otherwise deserve. Knowing the challenges and limitations of a tinnitus disability claim ahead of time can help you remain realistic about the potential outcomes of filing a VA disability claim.
At Werner, Hoffman, Greig & Garcia, our VA-accredited veteran disability claims lawyers can help you get the compensation you deserve for service-connected disabilities. Call (800) 320-HELP or submit a contact form to schedule a free consultation today.
Tinnitus is not typically a lifelong condition, but it can be highly disruptive and bothersome. Beyond exposure to loud sounds, this condition can also arise from ear infections, blockages, Meniere’s disease, or injuries to the head and neck.
Veterans experiencing tinnitus might notice:
These symptoms of Tinnitus are often most noticeable at night or when in silent surroundings. The primary trigger for tinnitus is extended exposure to high noise levels—a situation frequently encountered by military personnel. The condition may affect one ear or both.
Treatment options for tinnitus include the use of white noise generators or medications. Despite these solutions, tinnitus can remain a significant nuisance.
If left unaddressed, especially when paired with hearing loss, tinnitus can lead to further health issues, such as sleep deprivation-induced fatigue and a decline in mental health, manifesting as increased depression or anxiety.
Tinnitus is often listed as one of the easiest disabilities to claim for VA benefits. While the VA recognizes tinnitus as being connected to military service in general, this does not mean that they automatically assume that because you have tinnitus it is because of your military service.
If your medical and service records do not clearly establish that your tinnitus developed as a result of your military service, your claim will be denied.
In other words, the VA does not take the fact you have tinnitus as irrefutable proof that you are entitled to VA disability benefits, and neither should you. Make sure when preparing your claim that you identify medical evidence and service records that show your tinnitus is service-related.
To successfully claim VA disability benefits for tinnitus, you must present the following essential documentation:
Gathering these documents is crucial in building a strong case for your tinnitus claim. The evidence should clearly demonstrate the connection between your military service and the development of tinnitus.
By providing comprehensive and accurate information, you increase your chances of a successful claim for VA disability benefits.
If you submit a claim for benefits and only identify tinnitus as your disability, you will only obtain a 10 percent disability rating. This equals $165.92 in monthly benefits, according to the VA’s December 1, 2022 compensation rate scale.
The 2024 VA disability rates increase these payments based on cost-of-living adjustments. This is the maximum you would receive no matter how intrusive the ringing is or whether you experience ringing in one or both ears.
Facing the process of filing a tinnitus claim with the VA can be overwhelming for many veterans. The expertise of a Werner, Hoffman, Greig & Garcia veteran disability claims lawyer can be invaluable in successfully navigating the VA claims process.
From gathering essential evidence to appealing unfavorable decisions, a WHG lawyer offers comprehensive support at every step of the way.
A WHG veteran disability lawyer possesses a deep knowledge of VA regulations and procedures. This expertise ensures that your claim is prepared in accordance with the latest legal standards, increasing the likelihood of a successful outcome.
One of the critical aspects of a VA claim is the thorough collection of evidence. Veteran disability lawyers aid in compiling service records, medical documentation, and expert opinions that are pivotal in substantiating your tinnitus claim, ensuring no essential detail is overlooked.
Every veteran’s case is unique. WHG attorneys craft personalized legal strategies tailored to the specific circumstances of each client. By understanding the nuances of individual cases, we can effectively address the specific challenges and opportunities present in the claim process.
Should the claim require a hearing, our VA lawyers provide experienced representation. This support includes preparing the veteran for questioning and presenting the case in the most compelling manner, leveraging our understanding of the legal framework and prior case outcomes.
Managing communication with the VA can often be frustrating and time-consuming. A WHG lawyer acts as an intermediary, ensuring that all communications are clear, timely, and effective. This role helps prevent misunderstandings and delays that could hinder the claim process.
If the VA denies the initial tinnitus claim, our lawyers are prepared to handle appeals. We meticulously analyze the reasons for denial and develop a robust appeal strategy to challenge the decision, striving to achieve a favorable resolution for the veteran.
Involving a Werner, Hoffman, Greig & Garcia veteran disability claims lawyer can significantly enhance your chances of a successful tinnitus claim. Our comprehensive service and dedication to each client’s case ensure that veterans receive the support and benefits they deserve.
Facing a tinnitus claim denial can be frustrating and disheartening. Legal assistance can offer a fresh perspective and strategic guidance. These qualities are often pivotal in turning a denial into an approval.
With expert knowledge and tailored advocacy, veteran disability appeal lawyers can significantly enhance the likelihood of a successful appeal, ensuring veterans receive the VA benefits they deserve.
An experienced VA disability appeals lawyer will look for a connection between your tinnitus and some other disabling condition that you also sustained during active duty. Perhaps you sustained a blow to the head and suffered a concussion resulting in permanent brain damage or neck pain, for example, and you also happen to experience tinnitus as a result of this injury as well.
So rather than focusing on a claim for benefits based on tinnitus alone, you should also consider whether a service-related injury caused or exacerbated your tinnitus. If so, it is likely that this injury will net you greater benefits from a VA claim than just seeking compensation for tinnitus alone.
If your tinnitus claim was denied or you have submitted a claim for disability benefits for tinnitus but you are not satisfied with the outcome, give us at Werner, Hoffman, Greig & Garcia a call.
You can reach us at (800) 320-HELP or contact us online. We will go through your claim and the VA’s decision with you. If there are additional benefits that you may be owed, we will help you obtain them.
The VA rates tinnitus at a maximum of 10% disability, regardless of whether it affects one or both ears. This rating reflects the persistent nature of the condition, acknowledging its impact on daily life.
To appeal a tinnitus claim denial, veterans must file a Notice of Disagreement (NOD) with the VA. This indicates their intent to contest the decision. Then, this action initiates the review process for the VA appeal. Then, veterans can present additional evidence or arguments to support the claim.
The cost of hiring a veteran disability appeal lawyer varies. At Werner, Hoffman, Greig & Garcia, we operate on a contingency fee basis. This means we are typically paid a percentage of the awarded back pay if the appeal is successful, ensuring no upfront costs for the veteran.
Let’s talk for a moment about the letter no veteran wants to receive: A letter from the VA advising that it will reduce the veteran’s rating. The VA is authorized to conduct periodic reevaluations of a veteran’s disability. If the condition is improved, VA may propose a reduction in the rating.
However, the VA must provide notice to the veteran prior to reducing a rating. If the VA reduced your rating without telling you in advance, that is probably a basis on which to reverse the reduction, and you should seek the legal counsel of a VA-accredited lawyer.
At Werner, Hoffman, Greig & Garcia, our veteran disability benefits lawyers are ready to help you appeal. Call us at (800) 320-HELP or submit this online contact form to schedule a free case evaluation.
In most cases, the Department of Veteran Affairs will reverse or reduce your disability rating based on the following grounds:
The VA may order a reexamination of a veteran already receiving benefits. Do not ignore the letter scheduling the examination. If the veteran doesn’t attend the scheduled exam, then the VA can reduce the rating without further action. After the veteran misses the exam, the VA only reschedules if the veteran has “good cause” for failure to report.
An example of “good cause” is the illness or hospitalization of the claimant or death of an immediate family member. Bottom line, attend the exam. If the schedule date/time is not convenient, work with the VA to reschedule the exam. But do not miss the scheduled examination.
The VA has the authority to adjust a veteran’s disability rating within a certain window of time in most cases. The VA’s powers depend on the amount of time that the veteran has held the rating, the severity of their symptoms, and whether they have a protected status.
When a rating’s been in place for less than five years, it is not considered “stabilized” according to the VA definition of the term. That does not mean, however, VA can reduce the rating in the absence of any evidence the condition has improved.
Regardless of the rating level or the length of time the rating was in effect, there are several general VA regulations which restrict the VA’s ability to reduce a current rating.
If VA’s reduction relies on evidence which does not meet these requirements, the veteran should file a Notice of Disagreement with the assistance of a qualified veteran disability attorney.
When a rating has been in effect for more than five years, it is considered “stabilized.” 38 C.F.R. § 3.344(c). The VA may not reduce the rating unless “all the evidence of record” supports a finding that sustained improvement in the disability has been demonstrated according to 38 C.F.R. § 3.344(a).
Additionally, the VA cannot view the single examination upon which the reduction is based “in isolation from the rest of the record.” Schafrath v. Derwinski, 1 Vet. App. 589, 594 (1991); 38 CFR § 3.344(a). Your job as the veteran is to show to the VA that “all evidence of record” shows that the service-connected condition has not improved.
Go through your medical records and find each doctor’s comment, lab test, note, or any other indicator that shows the condition has stayed the same or worsened. Outline these bits of evidence in a Notice of Disagreement filed in response to the rating reduction.
38 CFR § 3.344(a) states that “Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction”. The veteran should also argue that the VA examination on which the reduction is based was not as thorough as the prior examination(s).
Point out any inconsistencies in the new exam’s conclusions. Argue that the exam on which the rating was originally based was more thorough than the new exam. Does the older exam contain a summary of the veteran’s medical history? Does the older exam have a more complete review of the veteran’s symptoms? Is the older exam based on tests that were not done in conjunction with the new exam?
Ratings in effect for more than twenty years may only be reduced if the VA discovers the rating was based on fraud, according to 38 C.F.R. 3.951(b).
Where a veteran is rated at 100% for a single condition (not multiple conditions combined), the 100% rating may be reduced only where an examination shows “material improvement” in the condition according to 38 C.F.R. § 3.343(a).
Whether or not the veteran’s symptoms match those in the rating charts for a 100% rating becomes less relevant. When reducing a 100% rating, the question becomes whether or not the veteran has experienced some “material improvement” in the condition.
Thus, to combat a reduction of a 100% rating in a VA appeal, the veteran should gather his or her medical records. Outline why there has not been an improvement or, if there is some improvement, that the improvement is incremental at best and does not rise to the level of a “material improvement.”
Also, the VA may only reduce a 100% rating if the improvement took place “under the ordinary conditions of life”, to cite 38 C.F.R. § 3.343(a). In other words, the VA must consider whether the improvement was made while the veteran was working or actively seeking work or whether the improvement was brought on by prolonged rest.
If the improvement was brought on during a period when the veteran was not working or actively seeking work, then the VA must reexamine the veteran after a period of employment.
According to 38 C.F.R. § 3.343(c), the VA may not remove a veteran’s 100% rating based on unemployability unless “clear and convincing evidence” shows the veteran is capable of “actual employability.”
First, this evidence must be affirmative evidence. This means there must be a vocational report, doctor’s report, or some other document that affirmatively states the veteran is employable. Affirmative evidence is not a lack of evidence which shows the veteran is incapable of work.
The VA must produce this affirmative evidence. If VA removes a TDIU rating based on something other than a professional’s opinion that the veteran is employable, the veteran should dispute the reduction.
Second, “clear and convincing evidence” is a relatively high evidentiary burden. The quality and quantity of the evidence stating the veteran is employable must significantly outweigh the quality and quantity of the evidence stating otherwise.
If VA reduced your rating without complying with these rules, the veteran should dispute the reduction by filing a Notice of Disagreement. Even if the reduction occurred many years ago, an unlawful reduction can be overturned if there was clear and unmistakable error in the decision. If VA’s reduced your rating, at any point in time, contact us to discuss your options for combatting the reduction.
A veterans benefits lawyer from WHG can help you successfully challenge the reduction of your VA disability rating. We offer the following:
A Werner Hoffman Greig & Garcia veteran disability lawyer can provide a thorough evaluation of your case. They will carefully review your VA file to identify any errors or omissions that may have led to the reduction.
This expertise is crucial as it allows them to pinpoint clear and unmistakable errors in the VA’s decision, laying a strong foundation for your appeal.
Navigating the VA appeals process can be overwhelming. A skilled attorney can guide you through each step, from filing a Notice of Disagreement to representing you in hearings before the Board of Veterans’ Appeals.
Their in-depth understanding of VA laws and procedures ensures that your case is presented effectively and efficiently.
One of the key components of challenging a rating reduction is presenting compelling medical evidence.
A veterans benefits lawyer can help you gather and develop this evidence, working with medical professionals to provide clear documentation of your condition and its impact. This strategic approach can significantly strengthen your appeal.
Having an attorney communicate and file a VA disability claim appeal on your behalf can be invaluable. They know how to effectively speak the VA’s language, ensuring that your arguments and evidence are clearly understood.
This can often expedite the process and lead to a more favorable outcome. Effective communication is essential in legal proceedings, including those related to the VA claims process.
Beyond just the appeals process, a Werner Hoffman Greig & Garcia lawyer offers comprehensive legal representation. They can handle all aspects of your case, from paperwork and filings to representing you in court if necessary. This full-service approach means you can focus on your well-being while they focus on fighting for your rights.
By leveraging the expertise and support of a veteran disability lawyer, you can effectively challenge a rating reduction and work toward restoring your rightful benefits. If your VA rating has been unfairly reduced, consider reaching out to a qualified attorney to explore your options and protect your interests.
At Werner, Hoffman, Greig & Garcia, our VA-accredited lawyers are ready to support you during this challenging moment. Contact us by calling (800) 320-HELP or submit our contact form. Then, our team will help you schedule a free consultation meeting to discuss your options for combatting the reduction.
Those who served in the military face not only physical challenges but also mental health hurdles that can leave lasting imprints on their well-being. One often overlooked aspect is the link between headaches and mental health issues resulting from injuries sustained during military service.
The attorneys with Werner, Hoffman, Greig & Garcia are passionate about ensuring the people who served our country obtain the veterans benefits they deserve. If you’ve developed mental issues due to a service-related headache, we’re ready to help you get what you’ve earned. Please call (800) 320-HELP or contact us online to schedule a free consultation.
Military service demands a high level of physical resilience, with servicemen and women often exposed to strenuous activities, rigorous training, and combat situations. The physical toll can manifest in various ways, and one common consequence is the development of headaches. These headaches may be triggered or exacerbated by several factors related to military service.
Headaches can also affect mental health – and vice versa. The following are a few of the ways these problems can be linked.
One significant factor linking headaches to mental health in military service is the prevalence of traumatic brain injuries (TBIs). These injuries can occur due to blasts, concussive forces, or head injuries sustained during combat or training. The aftermath of a TBI often involves persistent headaches, ranging from mild to severe, and their connection to mental health can’t be understated.
TBIs can disrupt the normal functioning of the brain, leading to changes in mood, cognitive abilities, and overall mental health. Soldiers who have experienced a TBI may find themselves grappling not only with the physical pain of headaches but also with the emotional and psychological toll of altered brain function.
Beyond the physical aspect, military service often exposes individuals to emotionally distressing situations, paving the way for the development of PTSD. This condition can stem from experiencing a traumatic event or seeing one. Its repercussions extend far beyond the initial incident.
The chronic stress and anxiety associated with PTSD can contribute to the onset or exacerbation of headaches. Conversely, persistent headaches can heighten stress levels, creating a vicious cycle that negatively impacts both physical and mental well-being. VA benefits for PTSD can help reimburse veterans for these costs.
Depression and anxiety often accompany chronic pain conditions, and headaches are no exception. The constant battle with pain can wear down even the most resilient individuals, leading to feelings of despair, hopelessness, and anxiety about the future.
Military service members grappling with chronic headaches may find themselves navigating not only the physical discomfort but also the emotional toll of living with persistent pain. Depression and anxiety can further complicate the management of headaches, creating a challenging landscape for those striving to regain a sense of normalcy in their lives.
In the quest to alleviate headaches, military service members may be prescribed medications that, while effective in addressing pain, can have implications for mental health. Some pain medications, particularly opioids, carry the risk of depression and mood alterations as side effects.
This delicate balancing act between managing headaches and safeguarding mental health underscores the need for comprehensive care. Military service members require not only effective pain management strategies but also vigilant monitoring of the mental health implications of prescribed medications.
Recognizing the interconnectedness of headaches and mental health issues among military service members emphasizes the importance of adopting a holistic approach to care. Treating headaches should never occur in isolation but rather as part of a broader strategy that considers the mental health aspects of military service injuries. Examples of comprehensive care include the following:
Cognitive Behavioral Therapy focuses on identifying and modifying negative thought patterns and behaviors, offering soldiers coping mechanisms to manage both the physical pain of headaches and the mental health aspects linked to their military service.
CBT can equip individuals with practical strategies to navigate stress, anxiety, and depression, fostering a more resilient mindset in the face of chronic pain. By addressing the mental health components, CBT complements traditional medical interventions for headaches, creating a more comprehensive and effective treatment plan.
Fellow service members, family, and mental health professionals play crucial roles in providing understanding, empathy, and assistance to those navigating the complexities of both physical and mental health challenges.
Creating a supportive environment involves fostering open communication, reducing stigma around mental health, and ensuring access to resources for comprehensive care. By acknowledging the interconnected nature of headaches and mental health, military communities can work together to promote resilience and well-being among their members.
Rehabilitation and reintegration into civilian life for military service members dealing with headaches and mental health challenges require thoughtful and multifaceted approaches. Beyond medical interventions, there is a need for comprehensive rehabilitation programs that address both the physical and mental health aspects of their conditions.
Legislators are currently working on amendments to the NDAA for vets with TBIs which would expand their rehab options. However, this is still an effort in progress.
Reintegration efforts typically include mental health support, vocational assistance, and community engagement to facilitate a smooth transition. By recognizing and addressing the interconnected nature of headaches and mental health, rehabilitation programs can offer tailored support, helping military service members reclaim their lives and find renewed purpose.
Please don’t fight alone for the benefits you have coming if you suffer from mental health issues linked to headaches resulting from a service-related injury. The attorneys with Werner, Hoffman, Greig & Garcia have a long track record of success fighting for those who fought for our country.
We know how complicated obtaining benefits can be. We also have a deep understanding of the law. When you turn to us, you’ll work with a true advocate, one who comprehends all of the complexities of the system.
If you would like to learn more about how we may be of assistance, please don’t hesitate to get in touch. You can use our online contact form or call (800) 320-HELP for a free case review.
As a veteran, your service is recognized with a wide range of benefits available through the Veterans Affairs office, like health care and education benefits. These benefits offer important help to veterans reentering civilian life, but the VA can be complex. To make things even more confusing, every state has its own regulations and programs.
That’s where a Texas veteran benefits lawyer comes in. At WHG, our Texas veteran disability claims lawyers can offer unparalleled legal support during this challenging time.
Here are five reasons veterans in Texas should be giving us a call:
There are many different benefits available to you as a veteran, but that also means a lot of rules and regulations to keep track of. Understanding eligibility requirements, filing procedures, and other legal complexities takes specialist knowledge and experience.
A qualified Texas veteran benefits lawyer can help you figure out which benefits you qualify for and how to get what you need as quickly as possible. We know the system and how to make it work for you.
Filing a claim for veteran benefits means dealing with a complex bureaucracy. There are a lot of details, and getting one wrong often adds delays to an already lengthy process.
Working with a Texas veteran benefits lawyer can help streamline this process. We ensure all necessary documentation and evidence are accurately presented, giving your claim a greater chance of success.
Initial claims are often denied, leaving you to fight through the appeals process to secure the benefits you deserve. A Texas veteran benefits lawyer is a crucial ally in that fight.
A qualified attorney can identify errors in your initial claim, gather additional evidence, and help you present a stronger case. Working with a lawyer can make the difference between winning your appeal and having crucial benefits denied.
While many aspects of veteran benefits are governed by federal law, individual states have their own regulations and programs. Each Texas is no exception, with state agencies like the Texas Veterans Commission influencing how benefits work in our state.
A Texas veteran benefits lawyer is familiar with Texas’ nuances and can make sure you’re taking advantage of every available benefit. We can also guide you toward Texas-specific programs you may not have been aware of.
Filing a disability claim comes with unique legal challenges, like proving that your disability is related to your service. Filing to adequately do so is one of the most common reasons for denying a claim.
A Texas veteran benefits lawyer can help you gather and present evidence to establish a clear link between your military service and your disability. We can also make sure your disability is given a fair evaluation, with a rating and accompanying benefits that recognize the severity of your condition.
Navigating the complex legal world of veteran benefits can be a chore, and it’s the last thing you want to do when you’re returning to civilian life. You don’t have to face it alone.
At Werner, Hoffman, Greig & Garcia, our team of experienced Texas veteran benefits lawyers is committed to helping veterans secure the benefits they’ve earned. We are veterans ourselves. We understand the challenges you face, and we are ready to face them with you.
To learn more about Werner, Hoffman, Greig & Garcia and how we can help you, contact us online or at (800) 320-HELP.
Everyone’s individual circumstances are different, and it’s impossible to say what you qualify for without evaluating your specific case. In general, however, our lawyers can help you access a wide range of benefits, including:
Speak with a member of our team to learn more.
If your claim was initially denied, don’t panic. It’s not the end of the road.
You have the right to file an appeal and have your case reevaluated. Working with a Texas veteran benefits lawyer can help you understand why your claim was denied and how to file a successful appeal.
It’s not always obvious what specific evidence the VA is looking for in disability benefits claims, and it can be tricky to nail the details.
A Texas veterans benefits lawyer understands what the VA is looking for and has the experience to handle unique disability claims. We can examine medical records, consult expert witnesses, and put together a compelling case that checks all the right boxes.
Yes. While there are federal laws that govern veteran benefits, the way these programs are regulated and implemented varies from state to state. Some states may also have additional state-specific programs available.
Working with a Texas veteran benefits lawyer like the team at Werner, Hoffman, Greig & Garcia ensures that your benefits claim takes the unique legal framework of Texas into account.
VA benefits are crucial for veterans returning to civilian life after their service. These benefits can help veterans access health care, education, and home ownership.
The process of filing a VA benefits claim can be lengthy and complicated, leaving many veterans wondering how long it will take to receive the benefits they deserve. However, VA benefits lawyers are experts on the process and can give you a clear idea of what to expect.
The Department of Veterans Affairs, or the VA, exists to provide health care services and other benefits to veterans. VA benefits include a wide range of services intended to support veterans and their families, including:
Filing a VA benefits claim involves checking the eligibility criteria, gathering the necessary documentation, and submitting the claim.
The specific type of documentation varies depending on the claim being filed, but common types of necessary documentation include:
Typically, you’ll file one of three ways: online through eBenefits, by mail, or in person at a VA regional office.
The time it takes to receive compensation for a VA benefits claim can vary, depending on factors such as:
Working with an experienced attorney can help you understand how long your claim is likely to take.
Based on recent data, a VA benefits claim takes an average of 103 days from start to finish. It could take more or less time, depending on the factors listed above. If your case requires an appeal, the timeline is extended even further.
In recent years, the VA has attempted to speed up the process, digitize, and otherwise reduce the backlog of unprocessed claims, but significant obstacles remain.
While you can’t control all the factors affecting your claim processing time, there are some steps you can take to expedite your claim.
For the best results, we recommend seeking legal assistance. An experienced lawyer can help you avoid adding any extra time to the process.
VA benefits claims can be a lengthy and complex legal process. It can be overwhelming, even for the most resilient veterans. Working with a VA benefits lawyer can help you navigate the complexities and potentially reduce waiting time.
If you’re considering filing a VA benefits claim or are facing delays in the process, don’t hesitate to reach out to the experienced lawyers at Werner, Hoffman, Greig & Garcia. We are committed to helping veterans navigate the benefits system and secure the compensation they deserve.
To learn more about Werner, Hoffman, Greig & Garcia and how we can help you, contact us online or at (800) 320-HELP.
The VA benefits claim process can be delayed by incomplete or incorrectly completed paperwork, complex claims, or a backlog at the VA itself.
Working with an experienced VA benefits lawyer can help you avoid common causes of delayed claims.
Ensuring your information is filed correctly and completely, checking frequently on your claim’s progress, and working with legal counsel can all help keep your VA benefits claim moving as smoothly as possible.
The VA will notify you of the status of your claim by mail or through eBenefits. Online notifications will always be faster, so keep an eye on your eBenefits account.
You can always file an appeal if your claim is denied or you are otherwise dissatisfied. An experienced veteran benefits lawyer can help walk you through the appeals process and give your updated claim the best possible chances of success.
The New York Times reports that upwards of 470,000 veterans are currently in the VA’s appeals process, some of whom face decades long delays in resolving their claim. Most of those appeals are due to simple errors or mistakes and VA statistics show that representation by a lawyer gives a Veteran the best chance for success with an appeal.
Read the full article:
https://www.nytimes.com/2017/11/13/us/veterans-affairs-department-benefits-delays.html
Veterans Affairs’ My HealtheVet site now offers a 10-question self-administered depression screening. The screening is anonymous, does not require an account, and does not submit any information to Veterans Affairs. It does, however, offer information for individuals whose answers indicate they may be at risk of suicide. The test can be found at this link.
Paul Lawrence, PhD, VA’s Undersecretary for Benefits, recently announced that the VA will begin a review of PTSD claims filed last year by veterans who experienced Military Sexual Trauma. In fiscal year 2017, VA denied 5,500 of 12,000 claims submitted for PTSD related to a military sexual trauma.
In August 2018 VA’s Inspector General released a report that found the VA did not follow its own policy in approximately half of those denied claims. Because of the nature of sexual trauma, they are often unreported and undocumented. More recent research confirms that military sexual assault rates are higher than previously estimated.
VA found that servicemembers may not report an assault for the following reasons: 1) Reluctance to submit a report when the perpetrator is a superior officer; 2) Concerns about negative implications for performance reports; 3) Worries about punishment for collateral misconduct, and 4) The perception of an unresponsive military chain of command.
This makes it difficult for a veteran to present evidence of an in-service stressor to support a claim. Therefore, in 2011 VA implemented special guidelines to examine a claim for PTSD caused by military sexual trauma. The guidelines eased the typical rules on the types of evidence VA can use confirm an in-service stressor. Raters are required to consider additional factors which could prove the veteran’s claim.
Unfortunately, these new rules were not followed in half of the reviewed cases. However, based on the IG’s recommendation, VA is reviewing all claims denied for military sexual trauma since 2017. VA is also retraining claims processors and adding additional layers of review. If you were recently denied a claim for military sexual trauma, you should consider contacting VA to ensure yours is part of the review. And if you have any questions, please contact us.
Earlier this year a federal court held that pain alone, absent any specific diagnosis or current disease, can be a disability. The case is Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018). Melba Saunders served on active duty in the Army from November 1987 to October 1994. During her service she was diagnosed and treated for patellofemoral pain syndrome. A VA examiner noted Saunders experienced bilateral knee pain. The examiner also concluded Saunders’s knee condition was service-connected. But the examiner did not find a specific disability which would cause the pain. The Board of Veterans Appeals denied Saunders’s claim. It concluded that “pain alone, without a diagnosed or identifiable underlying malady or condition, does not in and of itself constitute a disability for which service connection may be granted.”
A veteran’s basic entitlement to disability is found in 38 U.S.C. § 1110. It says the government will pay “for disability resulting from personal injury suffered or disease contracted in line of duty.” The question before the court was whether pain, in and of itself, is a disability. For years, the answer to that question was no. The Saunders court reasoned that if the pain is disabling (in other words, limits the veteran’s ability), then pain itself is a disability. This is true even in the absence of some identifiable illness, disease, or other ailment.
In the absence of some diagnosable disease or ailment, how does one prove pain? Lay evidence. Keep a log. Where does it occur in the body? When does it happen? For how long? What triggers it? A veteran still must show an in-service disease, injury or event and evidence which relates the post-service pain to an in-service disease, injury or event.
Tens of thousands of veterans stand to benefit from this ruling. For Saunders, the appellate court didn’t order the VA to grant her disability compensation. It did direct the VA to re-evaluate her claim with the understanding that pain, alone, is disabling.
In this post, we’ll explain the three requirements for a veteran to be compensated for a service-connected disability. In short, to be compensated for a service-connected disability, a veteran must have a current disability caused by an in-service disease, injury, or event. The VA breaks the evidence required to prove this into a three-part test. Think of it as a checklist. To receive monthly compensation, a veteran must have:
We’ll discuss each service connected disabilities point individually below, but first let’s talk about who, the veteran or the VA, is required to assemble this evidence.
The veteran isn’t required to provide all of the evidence needed to prove each point. Congress passed a law that requires the VA to assist a veteran by both notifying the veteran of the information required to prove a claim and by helping the veteran obtain the evidence necessary to prove the claim. This includes gathering a veteran’s military and private treatment records. It also requires that the VA provide a medical examination or obtain a medical opinion if one is needed to decide the claim.
To trigger the VA’s “duty to assist,” the veteran has to provide some minimal evidence to establish their claim. The veteran’s initial claim should, at the least, include a statement which explains in detail the current disability and the in-service disease, injury or event which the veteran believes caused it. The veteran should also list all medical facilities (military, VA, or private) where the veteran received treatment for the disability. The VA is then required to reach out to those facilities and gather the records.
The VA defines “lay evidence” as “any evidence not requiring that the proponent have specialized education, training, or experience. Lay evidence is competent if it is provided by a person who has knowledge of facts or circumstances and conveys matters that can be observed and described by a lay person.” Basically, when it comes to VA claims, lay evidence is anything that doesn’t require a medical degree to diagnose.
Examples of lay evidence are:
An in-service injury. Give detail and answer the 5 W’s as best you can. For example, “While assigned to the 1-503, 173rd ABCT in September 2018, our unit participated in a training exercise called Saber Junction. During a jump my equipment did not drop properly and I landed on my rifle which jabbed me on my left side.”
Symptoms of an illness or injury. For example, “In my second week of ranger school, my right ankle turned red and swelled to approximately twice its normal size. It was a dull pain which turned sharp when I put weight on it.”
An event. For example, “During a rotation at JRTC, my senior NCO sexually assaulted me.”
A veteran must have a current disability. So, if you broke your ankle in service but it completely healed, that veteran isn’t eligible for compensation. Similarly, if you were exposed to toxins or burn pits but don’t have a current disability, no compensation is available for that, either.
In most cases, a medical diagnosis is the evidence required to prove a current disability. We recommend that the veteran submit his/her own diagnosis from their doctor. This isn’t required, though. As long as the veteran submits a statement about the recurrent and persistent symptoms of the current disability, along with a statement about the in-service event, injury, or disease that caused the current disability, the VA will arrange a medical exam.
Lay or medical evidence is required which shows an in-service disease, injury or event occurred. The type of evidence (lay or medical) depends on the disability claimed. A veteran seeking compensation for PTSD should provide lay evidence of the traumatic event and medical records (if any) of any in-service treatment for a mental condition. A veteran seeking compensation for arthritis caused by an ankle fracture should provide evidence of an in-service ankle injury.
This evidence will most often be found in a veteran’s service record. For example, the service treatment record should document the ankle fracture. An award citation may contain details of the traumatic event. Sometimes, however, service records no longer exist or they don’t have any record of the event. Events related to a Military Sexual Trauma (“MST”) often go unreported and there is no evidence of it in the service record. In cases where the service record does not exist, or the service record contains no evidence of the in-service disease, injury, or event, the veteran should submit as detailed a statement as possible. The veteran should also find other evidence to support their recollection. This is where buddy statements are particularly useful, as they support the veteran’s recollection of the event. For claims related to MST, the VA has special rules regarding what evidence can be used to verify the in-service event or injury which you can read more about here. There are also special rules for combat veterans. The VA recognizes that record keeping may be deficient in combat situations. Thus, if a veteran states he/she suffered an injury or stressor event during combat, generally the VA must accept that statement as proof the event actually occurred.
Pro Tip: A combination of both types of evidence is best. Even if you have medical evidence of an in-service injury or disease, submit a detailed statement to give that evidence some context.
Lastly, there must be evidence which demonstrates a connection between the current disability and the in-service disease, injury, or event. This requirement is often overlooked but is a common reason the VA denies a claim.
There are several ways in which a current disability can be connected to a veteran’s service:
The VA often denies claims because the veteran’s service treatment records and discharge examination are negative for complaints or symptoms of the disability. This is incorrect. As long as there is medical evidence that the current disability was caused by an in-service disease, event, or injury, this requirement is satisfied.
Pro Tip: File an “intent to file” using the instructions here. This preserves the effective date, but gives the veteran a year to complete the application. Use that year to compile this evidence. Gather private and military medical records. Compile evidence that supports the veteran’s story of the in-service injury or event. If the veteran isn’t doing so already, seek treatment for and a medical diagnosis of the disability. Explain to your doctor the history of the illness and the in-service disease, injury, or event. Ask your doctor if they will write an opinion connecting the two. Submit medical evidence of your current disability with your claim.
