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A survey completed in October 2018 found that veterans are more likely to develop arthritis than civilians. These injuries can short circuit a military career by rendering the veteran non-deployable and lead to mobility issues earlier in life. Earlier onset can also lead to a veteran requiring major surgery in their 30s or 40s as opposed to their 70s and 80s. Interested veterans can contact their national representative to encourage them to add a budget for studying arthritis treatment and prevention to the Congressionally Directed Medical Research Programs.
Twenty-five years after the end of the Gulf War, female veterans continue to report symptoms of Gulf War Syndrome at nearly double the rate of non-deployed females. This is according to a recent study found in the Journal of Women’s Health.
Female Gulf War veterans reported higher symptoms of neurological/cognitive/mood and respiratory disorders considered to be hallmarks of Gulf War Syndrome. Compared to their female non-deployed counterparts, they reported symptoms of difficulty breathing or shortness of breath at almost twice the rate. The study generally showed strong associations between deployment status and respiratory symptoms. Female Gulf War veterans also reported higher rates of difficult concentrating and difficulty remembering recent information. Over a third reported symptoms of irritable bowel syndrome.
“It’s been over 25 years since the war ended and these are very persistent health outcomes,” says Dr. Steven S. Coughlin, interim chief of the Division of Epidemiology in the Medical College of Georgia Department of Population Health Sciences. “This tells us that the way the Gulf War illness manifests itself may be different in female than male veterans, so it’s important to take gender into account,” says Coughlin.
Female veterans reported similar symptoms twenty years ago, soon after their redeployment. One notable finding of the study, however, is that these veterans are showing increased frequency of these symptoms over time.
Military sexual trauma is associated with a higher risk of migraine headaches. Researchers at Boston University recently reported that men and women veterans who reported being victims of military sexual trauma also reported a higher rate of migraine headaches. Out of more than 800,000 veterans who were screened for the study, 37,375 were positive for military sexual trauma; approximately 66 percent were women and 34 percent men. 21.7 percent of the victims of military sexual trauma reported migraine headaches, as opposed to only 9 percent for those veterans who did not report a history of sexual trauma. Dr. John Ney, MD, MPH, assistant professor of neurology at Boston University, cautioned that the study only showed an association between military sexual trauma and migraine, and is not proof that trauma causes migraines. But he also noted that “migraines are exacerbated by poor sleep, and prior studies show associations with psychiatric conditions from stress, including post-traumatic stress disorder.” He observed that “military sexual trauma may precipitate a similar phenomenon, and headaches or other pain syndromes may be unmasked by the sequalae of sexual trauma.”
Not only do these veterans have a higher risk for migraines, the researchers found their treatment varied from the normal course. Dr. Ney noted that these veterans were “more often using acute health care resources such as emergency departments for treatment of their migraines and were more prone towards using medications that were not recommended by the American Academy of Neurology and American Headache Society for headache treatment.”
Nina Riggins, MD, assistant clinical professor of neurology at the University of California, San Francisco, in a comment on the study, noted that “knowing the history and triggers can help to guide treatment options for these individuals with migraine. It is important to avoid opioids when possible in people living with migraine. The combination of behavioral therapy, migraine management, and addressing any other conditions potentially connected to sexual trauma, can be beneficial for improvement of functioning, symptoms, and quality of life.”
A watchdog report released earlier this year from the Office of the Inspector General (OIG) found that during the fiscal year 2021, the Veterans Administration (VA) mishandled nearly seven out of ten disability claims. This resulted in veterans with legitimate claims being denied the care and treatment to which they were lawfully entitled. The VA is promising reforms and better training while attempting to process a significant backlog of cases without repeating these same mistakes.
When a veteran submits a claim for disability benefits to the VA, the claim travels through several stages before the VA approves the claim. Along the way, the VA can deny a service member’s claim if it appears they are not eligible for benefits. A claim may be denied if, for example, the available evidence does not establish a causal link between the veteran’s disability and military service
Claims processors are a critical part of the Administration’s review process. These individuals review the claim paperwork and supporting documentation, including determining if the VA’s medical reviewers need additional medical opinions or disability examinations to adjudicate the claim.
According to the OIG’s report, the VA’s claims processors did not correctly complete a request for medical opinions and exams in 68 percent of the claims that the OIG reviewed. In 38 percent of requests, claims processors failed to include critical, relevant information. Nineteen percent of requests excluded details used by examiners in deciding claims.
Other errors that the OIG report uncovered included claims processors’ failure to:
These mistakes meant that thousands of veterans’ claims for disability benefits were either unjustifiably delayed or denied.
If you filed a claim for VA disability benefits between 2020 and 2021, these errors might have impacted the adjudication of your claim. Unfortunately, there may not be an easy way to know for sure. One possible indication is if you have yet to receive any decision on your claim.
The claim process does take some time: however, if several months have passed and you have yet to hear about your claim from the VA, it may be because of an error-induced delay.
Similarly, if you filed a claim during the same period but received a denial, it may be worth having a veterans law attorney review your case. Deficiencies in how the VA handled your claim may have contributed to an improper denial.
Werner, Hoffman, Greig & Garcia is proud to fight for veterans who have given so much to this country. If you have had your disability benefits claim denied, let us review your claim. When we get involved in your case, we will work to ensure that your claim is evaluated correctly and that you get the benefits you deserve.
Reach out to us online, or call or text us at (504) 218-2510 to schedule your claim consultation.
Last month, the Supreme Court of the United States (SCOTUS) rejected an Air Force veteran’s appeal after denying his claim for retroactive disability benefits. In doing so, the Court upheld what is known as the Chevron doctrine despite calls from the veteran’s legal team to overrule the nearly 40-year-old precedent.
The Chevron decision and the doctrine that bears its name have little effect on the lives of many Americans. However, for veterans struggling to obtain benefits from the VA, Chevron can become a significant obstacle to receiving the help they need.
Buffinton v. McDonough and the Application of Chevron
The case recently decided is titled, Buffington v. McDonough. The veteran Buffington received disability benefits following an honorable discharge in 2000. In 2003, he was recalled to active duty and served in the Air National Guard. During the time he was serving on active duty, Buffington did not receive any VA disability benefits.
Approximately four years after he completed his active duty service, Buffington applied for reinstatement of his disability benefits. He also asked the VA to pay him benefits retroactively for the period covering his discharge from active duty to the time he applied for reinstatement.
The VA declined, claiming under the “forfeiture rule” that veterans cannot request retroactive benefits if they wait longer than one rear to apply to resume their benefits. The VA claimed that its reading of the underlying statute supported its denial of Buffington’s claim.
How Chevron Impacts Buffington – and You
The Chevron doctrine comes from the 1984 landmark case, Chevron U.S.A., Inc. v. Natural Resources Defense Council. In this decision, SCOTUS announced a two-part test when confronted with an action by an executive branch agency based on statutory interpretation. The doctrine states:
The Chevron doctrine means that if the VA interprets any statutes that govern its operations in a way that is permissible, so long as the statute is ambiguous in the Court’s eyes, then the VA’s interpretation will control. This is true even if there are other, more compelling interpretations available.
It should be noted that in Buffington, the Court expressly rejected requests to overrule Chevron and adopt a rule stating that in cases involving veterans’ benefits, the Courts should interpret ambiguous statutes in a manner that most benefits the veteran.
How a Veterans Disability Attorney Can Help
Buffington is a disappointing outcome for veterans and underscores the need for veterans to have experienced and vigorous representation when their initial claim for disability benefits is denied. It is through aggressive and informed advocacy that legal doctrines like Chevron are challenged and can be changed.
Werner, Hoffman, Greig & Garcia provides veterans denied disability benefits with this aggressive and skilled representation. Let us assist you if you have had a claim for benefits or retroactive benefits denied. Call or text us at (504) 218-2510, or contact us to schedule your claim consultation.
It can be disheartening to receive news that your VA disability claim has been denied, especially if you have spent considerable time preparing your claim. Attending medical appointments and completing forms can be exhausting, and the prospect of doing more work to appeal your case can be less than appealing to you.
If your claim is denied initially, you have several options available to appeal that denial. One of these options is supplementing your claim with additional evidence for consideration There are a few benefits to doing this:
In short, there are advantages to adding information and evidence to your claim and few disadvantages to doing so.
To add new evidence in support of your claim, you may either complete a Supplemental Claim (Form 20-0995), or you can request the Board of Veterans’ Appeals review your denial upon a consideration of the evidence in your case. Note that there is no option to submit new evidence for consideration if you ask for a Higher-Level Review.
If you are filing a supplemental claim, asking that the VA look at new and relevant evidence related to your original claim, be sure the new information is both “new” and “relevant.” This means the information or evidence must not have been submitted to the VA and that it must be related to the original claim in some way.
You can submit the new and relevant records to the VA yourself, or you can ask the VA to assist you in locating the records you wish to have considered. If you choose the latter option, you must be able to identify the location and nature of the records with enough specificity that the VA can find them with a reasonable amount of effort.
If you are asking the Board of Veterans’ Appeals to consider new evidence, you must first properly request Board review, informing the VA that you would like the Board to adjudicate your claim based on evidence or a hearing before a veterans law judge. Note that there are time limitations that you must meet to have your new evidence submitted.
Adding evidence to your claim, while helpful, is not as straightforward as it might appear at first. Having an experienced attorney’s help can ensure you choose he most effective way to add evidence to your case and meet the procedural requirements for doing so.
Werner, Hoffman, Greig & Garcia is available to help injured veterans receive the VA benefits they deserve following a denial of their claim. Call our office at (504) 218-2510, or reach out to us using our online form.
The nation’s debt and its obligations are at the forefront of the news cycle and have been for the past several weeks. As politicians and agencies discussed how best to address a ballooning national debt and what Republicans decried as out-of-control spending, one proposal for reducing the deficit gained some negative attention from veterans and veterans advocacy groups.
The Congressional Budget Office (CBO) published a proposal for reducing the federal deficit by $253 billion over ten years. The proposal would call for the elimination of veterans’ disability benefits for those veterans making more than $170,000 per year.
VA Disability Benefits Are Not Based on Income
When you apply for VA disability benefits, there are several circumstances and factors that the VA will take into consideration to determine your eligibility. Chief among these considerations is whether you do suffer from a physical or mental disability and whether that disability is connected to your military service.
Likewise, there are factors that should not enter into the VA’s calculus. For instance, your race, ethnicity, sex, or marital status are not factors the VA can use to decide whether to award you benefits. If the VA were to consider these “forbidden factors” and denied claims based on them, it would be a scandal of epic proportions.
Another factor that the VA cannot currently consider is your income. When you separate from the service and develop a disability, the amount of benefits you receive will take into account how disabling your condition is to you. The more the VA determines you cannot work, the higher the benefits payment you will receive.
However, there is nothing in the law that prohibits a veteran receiving VA benefits from holding down employment. Even if you are rated at a 100% disability rating, you are still able to obtain work and still receive your benefits.
CBO’s Proposal Remains Just a Proposal
Thankfully, CBO’s proposal to reduce the deficit by restricting wealthier veterans from obtaining disability benefits does not appear to be going anywhere. The law surrounding VA disability benefits remains the same, meaning your eligibility for benefits or the amount of benefits you will receive does not depend on how much money you make.
Have Questions About Your VA Disability Benefits? Contact Werner, Hoffman, Greig & Garcia
There can be plenty of questions about VA disability benefits, especially if you applied for benefits but received notice your claim was denied. Do not accept a denial as the final word in the matter. If you served your country and you developed a disabling condition as a result, you deserve VA disability benefits. When you have been denied the benefits you are owed, Werner, Hoffman, Greig & Garcia can help you get them.
With experienced advocates ready to go to work for you, your VA disability appeal is in good hands with Werner, Hoffman, Greig & Garcia. Contact us by phone at (504) 218-2510. Or you can contact us online, to schedule a consultation to discuss your case.
Applying for VA disability benefits and receiving a denial can be disheartening, especially if you served honorably and believe the connection between your condition and your service is clear. Nevertheless, many veterans in this situation muster up the determination to take their denial, speak with a VA disability appeals lawyer, and appeal the decision using one or more avenues available to them. These avenues include asking for a higher-level review or requesting a hearing before a veterans law judge.
But when these efforts prove fruitless, you may be disinterested in continuing the appeals process further. While you can appeal a denial from the Board of Veterans’ Appeals (BOVA) to the U.S. Court of Appeals for Veterans Claims (CAVC), at this point, you have been denied twice and wonder if a third attempt is worth the effort.
As any one of the experienced veteran law attorneys at Werner, Hoffman, Greig & Garcia can attest, there is much to gain and little to lose by continuing the appeals process, even if you have been denied twice.
One reason to continue in the appeals process following a BOVA denial is because, up to this point, you have been dealing with representatives and boards operating within the VA. The CAVC is not part of the VA, however. It is a federal court of record established under Article I of the U.S. Constitution. Most notably, its judicial members are civilians, not employees of the VA.
By continuing with your appeal past a BOVA denial, you give this independent body an opportunity to review your case and the decisions made thus far. While this is not a guarantee of success, having a fresh, independent set of eyes reviewing your claim may be what finally leads to an approval.
Once your claim for VA disability benefits is approved, your start date relates to the time you initially filed your claim. So long as you continue on with the appeals process, that effective date remains the same no matter how many appellate layers you must go through.
But if you elect not to seek review from CAVC following a denial of your claim by the Board, you would need to start your VA disability claim all over again. You would receive a new start date and lose out on months or even years of benefits.
Do not lose hope if you are denied benefits initially. Instead, reach out and speak to Werner, Hoffman, Greig & Garcia about your case and your options.
We have years of quality experience helping veterans who have had their claims denied successfully appeal that denial.
Schedule a consultation with us by calling 1-800-320-4357 and let us discuss with you your needs and how we can help. You can also schedule a consultation with Werner, Hoffman, Greig & Garcia using our online form.
“Fake news” is a term that entered the common vernacular in 2016 and has remained popular ever since. This label gets applied to any information, news story, or other material that the person using the label deems to be untruthful or dishonest. By using this label, the labeler is signaling to others that the material so labeled should be disregarded.
Whether you approve of the term or not, there is no shortage of information in this world that is not entirely true. Aside from confusion, certain misinformation can cause you significant financial harm. This includes falsehoods and half-truths surrounding VA disability benefits to which you may be entitled for service-related physical and mental conditions.
If you developed a physical or mental condition while in the service that now impacts your ability to work, you can apply for VA disability benefits. When you do, though, you may come across individuals or resources that espouse one or more of the following beliefs. These are false, and should be disregarded:
There are a number of presumptive conditions that qualify you for VA disability benefits if your diagnosis is related to your military service. But the list of these presumptive conditions does not mean that other conditions make you ineligible for veterans’ disability benefits. You may still qualify for benefits if such conditions make it difficult to work.
The denial rate for VA disability claims may surprise you, with some estimates suggesting that as many as three or more out of every 10 claims are denied every year. Approval of your claim is not guaranteed, even if you have a presumptive condition. And while your claim may be approved at some point during the appeals process, this means you must wait longer and expend more effort to obtain your disability benefits.
Having experienced legal assistance in preparing your claim is an investment that can pay dividends to you with a greater chance of your claim being initially approved and approved more quickly.
Attorneys have a reputation for being overpriced and inaccessible to low- or mid-income individuals. While there is some truth to this generally, Werner, Hoffman, Greig & Garcia’s fees come from your VA disability award. We collect a small portion of your retroactive benefits so that you can obtain high-quality legal representation without having to put up considerable sums of money upfront.
Even your initial claim evaluation with Werner, Hoffman, Greig & Garcia is free, and so there is no risk for reaching out and speaking to us about your disability claim. Having experienced help from a firm like Werner, Hoffman, Greig & Garcia can help you secure disability benefits if you have been unsuccessful in obtaining them in the past.
Contact us at Werner, Hoffman, Greig & Garcia today by calling (504) 218-2510 to get started. You can also reach out to us online.
