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Traumatic Brain Injury (TBI) Service Connection for Military Veterans

Veterans returning home from the War in Iraq and Afghanistan have encountered an abundance of undiagnosed medical conditions specifically due to some type of trauma, such as an accident, explosive device blast, or injuries from falling. The issue at hand is that the majority ofthe symptoms associated with TBI such as headaches, memory loss, anxiety, and difficulties putting words together can go undiagnosed for months following a TBI head injury. Veterans who have sustained an undiagnosed TBI have not properly undergone treatment and their symptoms are unseen, so they can be challenging to recognize and diagnose. According to the 38 CFR 3.310(d) the Department of Veteran Affairs prior service members who have sustained TBI related injuries while on active duty shall be held to the proximate result of the service connected TBI in the absence of clear evidence to the contrary:

1. Parkinson’s disease following moderate or service TBI
2. Unprovoked seizure following moderate or severe TBI
3. Dementia that has manifest within 15 years following moderate or severe TBI
4. Depression to which symptoms have manifest within 1-3 years following moderate to mild TBI
5. Hypothalamo-pituitary changes that has manifested within 12 months of moderate or severe TBI

If you have been denied VA Compensation disability claim benefits due to any undiagnosed TBI related signs or symptom then Contact Favorable Disability Advocates online at https://www.favorabledisabilityadvocates.com/veterans-disability/ or call (737) 777-6547 to determine whether you are entitled for more.

Reclassification of Military Character of Discharge

Military veterans who are assigned improper discharge of service classification on their DD214 can challenge their armed forces branch discharge review board. Each branch of the military (Army, Navy, Air Force, Coast Guard) respectfully maintains a discharge review board who has statutory authorization to change, correct, modify discharges and dismissals not issued by a sentence of a general court martial. Veterans who sustained disabilities incurred or aggravated during active duty may qualify for medical or related benefits regardless of separation and characterization of service. Prior servicemembers involuntary under other than honorable conditions may request that their discharge be reviewed for recharacterization within 15 years of the date of separation. Veterans who are deceased or incompetent; their surviving spouse or next of kin may apply for a review of discharge by writing to the military department by using DD Form 293 to which is the Application for the Review of Discharge from the Armed Forces of the United States. However, if more than 15 years has passed since discharge then appeals must be directed to the Board for Correction of Military/Naval Records of the respective service branch.

FOR MORE INFORMATION REGARDING VETERAN’S DISABILITY COMPENSATION BENEFITS PLEASE REQUEST A FREE DISABILITY EVALUATION AT THE LINK BELOW:

https://www.favorabledisabilityadvocates.com/veterans-disability/

Veterans Disability Rating Criteria on Endometriosis

Historically women serving in the United States military have begun taking on more diversified roles while at the same time accomplishing prestige rank barriers in all branches of the armed forces. Due to the recent conflicts such as the War in Iraq and Afghanistan women in the military have been have put on longer deployment periods and prolong war zone exposure, to which this has increased their risk of deliberating service connected medical conditions. Approximately 50% of female veterans who have served on active duty military status will be diagnosed with at least one gynecological medical condition. Endometriosis is one of the most common female reproductive conditions that veterans are initially diagnosed while on active duty military service. This condition is predominantly a panful disorder that happens when the lining of the uterus grows outside of the uterus. Symptoms of endometriosis include abnormal bleeding, worsening menstrual cramps, chronic pain in the lower back and pelvis, digestive complications, and infertility. The severity level of female veterans being diagnosed with endometriosis while on active duty is imperative simply because the effects of this condition can cause a plethoric of surgical procedures and residual complications as well. The Department of Veterans Affairs disability compensation rating criteria on endometriosis indicates the following:

50% rating will be awarded when lesions involving bowel or bladder confirmed by laparoscopy, pelvic pain or heavy or irregular bleeding that is not controlled by treatment, and bowel or bladder symptoms

30% rating will be awarded when pelvic pain or heavy or irregular bleeding is not controlled by treatment

10% rating will be awarded when pelvic pain or heavy or irregular bleeding is required due to continuous treatment for control of symptoms

IF YOU HAVE RECEVIED AN INSUFFICIENT VA RATING DECISION PLEASE CONTACT FAVORABLE DISABIITY ADVOCATES TODAY TO GET THE VETERANS DISABILITY BENEFITS THAT YOU DESERVE!
https://www.favorabledisabilityadvocates.com/veterans-disability

How The VA Determines A 100% PTSD Rating

At Favorable Disability Advocates we assist veterans daily who are in need of increased compensation disability monthly benefits due to a worsening and deliberating military service connection impairments. However, many veterans are unaware how a service connection for PTSD requires a sufficient medical diagnosis between their current symptoms and military stressor, along with credible supporting evidence that their claimed in service stressor occurred while on active duty. Service connection basically means the facts shown by evidence establishes that a particular injury or disease resulting in disability was incurred coincident with the service in the Armed Forces or if preexisting such service was aggravated therein. Lay testimony of the veteran and material evidence alone may establish the occurrence of a claimed PTSD service stressor on the following:

1. If the medical evidence established a PTSD diagnosis during service and the claims stressor is without a doubt related to that service
2. When evidence establishes that the veteran engaged in combat with the enemy and the claimed stressor is related to that combat event
3. The veteran was a prisoner of war and the claimed stressor is consistent with the circumstances, conditions, or hardships of their service
4. When PTSD is based on in service personal assault, evidence from sources other than the veterans service records may corroborate the veterans account of the stressor incident

The Department of Veteran will assigned a 100% PTSD Rating when a veteran mental disorders are total occupational and social impairments, due to such symptoms as: gross impairments in thought processes or communication; persistent delusion or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living, disorientation to time or place; memory loss for names of close relative, own occupation or own name. Please be advised in order the VA to determine this rating they will need to all about the veteran’s past medical history, previous mental health hospitalization or outpatient care, complete medical history since they discharged from military service, current medical history over the past 12-24 months, frequency and the duration of your medical and psychiatric symptoms.

IF YOU HAVE RECEVIED AN INSUFFICIENT VA RATING DECISION PLEASE CONTACT FAVORABLE DISABIITY ADVOCATES TODAY TO GET THE BENEFITS YOUR DESERVE
https://www.favorabledisabilityadvocates.com/veterans-disability

Filing A Veterans Disability Claim For Sleep Apnea

Veterans filing disability compensation claims for sleep apnea have become more prevalent within the past few years.  This is due to the fact that sleep apnea is often a secondary service connection condition related to PTSD.  Sleep Apnea can also become prominent for any number of conditions that are already service connected for which the veteran is on claim and that would also aggravate or directly cause the difficulty breathing asleep.  Sleep apnea by itself is not a disease but it’s a cluster of symptoms that revolve around several underlying causes which prevent a person from breathing properly specifically at night.  The VA development of sleep apnea claims are based solely on a medical diagnosis to which must be confirmed by a program acceptable sleep study for compensation rating purposes.  The Department of Veteran Affairs medical criteria requirements on the service connection requirements for sleep apnea are the following:

100% Rating – Chronic respiratory failure with carbon dioxide retention or cor pulmonale or requires tracheostomy

50% Rating – Requires the use of breathing assistance device such as continuous airway pressure (CPAP) machine

30% Rating – Persistent symptoms with day time hypersomnolence

0% Rating – Asymptomatic episodes but with documented sleep disorder breathing

Please be advised the following information is used for instructive purposes only.  At Favorable Disability Advocates we believe in properly educating the needs of our clients and ensuring quality assurance of our work.

Department of Veteran Affairs Mission Act of 2018

As of May 2018, the VA Mission Act bill was passed to nationally improve the health care for eligible veterans.  According to the New York times this multibillion dollar restructuring is much needed to restore the veterans’ health care systems and the consolidating of seven VA department health programs into one and making if far easier for veteran to take their benefits to private care treating physicians.  Under this new healthcare reform veterans who are enrolled in the VA healthcare system the government would know be required to coordinate veterans care under the following community care program guidelines:

1. Ensure the scheduling of medical appointments are within a timely manner
2. Ensure the availability of sufficient healthcare and services
3. Coordinate coverages for veterans who utilize care outside of a region from where they reside
4. Guarantee that veterans don’t experience a lapse in their health care services

The VA Mission Act also gives pre-9/11 veterans expanded benefits to cover the cost of caregivers in their home.  The Department of Veteran Affairs would know be authorized to create an adequate process for reviewing VA assets to ensure veterans have access to the medical care they earned and to expand the care for post 9/11 caregiver programs as well. 

Please be advised the following information is used for instructive purposes only.  At Favorable Disability Advocates we believe in properly educating the needs of our clients and ensuring quality assurance of our work.

Veteran’s Disability New Rapid Appeals Modernization Program (RAMP)

On August 23, 2017 President Trump signed the Veterans Appeals Improvement and Modernization Act, this program was initiated to create a new veterans disability claims and appeals adjudication process. The program provides military veterans with selective options for seeking review of the VA’s decision on their most recent disability compensation claim. At this time partaking in the RAMP program is strictly individually invitation only and this new law does not take effect until February 2019. Veterans with pending Notice of Disagreement (NOD) already filed have the options to enroll in the RAMP program. The new RAMP program can lead into a faster determination of their compensation claim or appeal simply by electing to one of the following lanes in the new moderation review process:

Supplemental Claim
Electing into the supplemental claim option veterans will have all eligible issues currently on appeal status processed with in an average of 125 days. The VA will also review any new and relevant evidence submitted since that prior decision.

Higher Level Review
The higher-level review option is available for all veterans if there is no additional evidence to submit in support of their claim, but they believe there was an error in the initial decision, with an estimated adjudication decision being processed within 125 days. This option also gives veterans and their VSO’s a one-time telephone informal conference hearing to discuss their claim further. However, the telephone conference will cause some delays in the processing of the high-level review.

Please be advised the following information is used for instructive purposes only. At Favorable Disability Advocates we believe in properly educating the needs of our clients and ensuring quality assurance of our work.