Accidents Related To Service
While most benefits cover anyonewho experienced an event or situation while on duty in the military, there are specific clauses that are put in place to those who have developed any type of injury or disability while in the military, even if they werent on duty.
Technically speaking, when you are on active duty, you are on active duty 24/7, no matter what. Even if youre off duty, youre really on duty. Therefore, if there is an accident or event that has resulted in an injury, a veteran can claim this is service connected.Thus, any kind ofaccident a veteran may have experienced while on or off duty could be considered service connected.
These service-connected injuries or disabilities can also include if a veteran was traveling to and from work and/or leave, when a vet was on a military base at any time or off hours, or when a vet was on leave. Every situation is different, but most will be covered because an active service member is always an active service member, no matter what. So, if an accident has occurred while you werent on duty , you might be able to gain some benefits from that harrowing situation.
Now, if you were at fault for the accident, thats completely different. In any situation, if a veteran was at fault for an accident that resulted in theirown disability, they will not be able to gain benefits from the VA benefits system. We simplify and discuss those that are considered ineligible for disability benefits, and their situations, below.
How Do You Live With Raynauds Phenomenon
Precautions can be taken to reduce the number and intensity of attacks of white finger. These precautions include the following:
- Protect the body from cold temperatures.
- Dress appropriately for cold weather by wearing layers, mittens/gloves, overcoat, hat, and scarf.
- Avoid exposing your hands to extreme cold wear gloves when working in cold water or reaching into a freezer.
- Protect your hands and feet from injury.
- Avoid tobacco nicotine can reduce blood circulation.
- Exercise can increase circulation. Exercise regularly and drink plenty of liquids to prevent dehydration.
- During an attack, warm your fingers and toes with your arms, run warm water over your fingers, or soak your feet in a bowl of warm water) and take time to relax.
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Common Causes Of Service
In order to qualify for VA disability for bronchitis, the illness must be related to your service. Bronchitis is a common illness after military service, and is most commonly caused when veterans breathe in airborne toxins, including:
- Cigarette smoke
Your lawyer will work with you and your medical providers to establish the likely cause of your bronchitis.
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Can You Be Considered Ineligible For Va Disability Benefits
Yes, you can be considered ineligible for VA disability benefits based off of a number of reasons, sometimes even if you do have a disability. These scenarios include :
- If a veteran was dishonorably discharged, they would not be able to be considered eligible for any type of benefit
- If the disability that the veteran acquired was caused because of misconduct on the veterans behalf, they would not qualify for disability benefits
- If the injury or disability event occurred during a time when the vet was AWOL, deserting, or avoiding duty, they would not be eligible for any benefits
- If the injury or disability event occurred while the veteran was in any type of prison, jail, court, or detained because of being court-martialed, they would not qualify for any kind of benefits
Work With A National Long
Your best chance of having a long term disability case approved because of scleroderma comes by working with an experienced National Disability lawyer.
Your LTD attorney will be familiar with how the insurance provider handles scleroderma claims and will help you prepare your application and collect essential evidence. Its important to note that your long term disability attorney does not get paid until you do, so you can proceed with your case without fear of upfront legal bills or costs.
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To Keep Your Whole Body Warm
- Eat a hot meal and drink a warm liquid before going outside. They may help raise your body temperature.
- Wear layers of warm clothing. The inner layer should be made of a material such as polypropylene that pulls moisture away from your body.
- Wear a hat.
- Do not wear clothing that is too tight. It can decrease or cut off blood flow.
- Try to stay dry. Choose waterproof, breathable jackets and boots. Being wet makes you more likely to become chilled.
Current as of: April 30, 2021
Seventh Most Common Va Disability: Paralysis Of The Sciatic Nerve
Sciatica is a nerve condition in which pain radiates along the path of the sciatic nerve, traveling from the lower back down through the legs. It most often occurs when the sciatic nerve is compressed or pinched, usually by a herniated disk in the spine or an overgrowth of the bone on the vertebrae. Typically, sciatica affects only one side of the body. Common symptoms include numbness, tingling, burning sensation, and muscle weakness.
Paralysis of the sciatic nerve is very common amongst veterans primarily because it is linked to back and neck issues. When rating back and neck conditions, VA is required to rate any neurological residuals. Therefore, paralysis of the sciatic nerve is often granted without veterans needing to file additional claims.
This condition involves a reduction in movement and feeling of certain limbs. Nerve issues, such as sciatica, are rated in three different categories based on the degree of severity of symptoms:
Technically, the term sciatica usually refers to neuralgia of the sciatic nerve. Therefore, neuralgia is generally the most common category that veterans fall into however, it is possible that a veterans sciatica may present symptomatology consistent with a higher level of severity. Each of the three categories of nerve conditions mentioned above also have sub-categories for mild, moderate, or severe symptoms, creating many different possible ratings for a condition that affects a nerve.
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Disability Compensation For Presumptive Conditions
VA presumes that specific disabilities diagnosed in certain veterans were caused by their military service. VA does this because of the unique circumstances of their military service. If one of these conditions is diagnosed in a Veteran in one of these groups, VA presumes that the circumstances of his/her service caused the condition, and disability compensation can be awarded.
The following diseases and conditions are considered to be part of this program:
Make The Correct Request
The way that you request an increase in your disability rating will be based on how long it has been since your claim was approved. If it has been less than a year since the VA awarded you disability benefits, you cannot file a motion for reconsideration. You will need to file an appeal, which can require you to attend hearings and court proceedings.
If your request for disability benefits was granted more than a year ago, you can request a reconsideration of your rating. You do this by filing Form 21-526b.
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Myth: I Wont Be Able To Join The Guard Or Reserves With A Va Disability Rating
This may or may not be true. The truth is it is possible to join the Guard or Reserves if you have a VA disability rating, provided you are otherwise healthy enough to serve. In many cases, its possible to transfer directly from active duty to the Guard or Reserves without having to go through additional medical screening. If you have a break in service, you may need to go through MEPS again, and possibly even request a medical waiver to join. But just having a disability rating doesnt always prevent you from serving again. Again, its the underlying medical condition that will determine your ability to serve, whether there is a VA disability rating or not.
Va Disability Percentages For Conditions
VA disability compensation is a tax-free monetary benefit paid to disabled veterans with service-connected disabilities that are the result of a disease or injury incurred or aggravated during their active duty military service.
2022 VA disability pay rates are determined by percentages for each service connected conditions according to a veterans combined VA disability rating, which is currently rated on a scale from 10% to 100%, with breaks in 10 percent increments at 20%, 30%, 40%, 50%, 60%, 70%, 80%, and 90%.
While a 0% VA disability rating is still considered service connected with some VA benefits, the 0 percent VA rating is not eligible for monthly tax-free compensation benefits .
Compensation may also be paid for VA disabilities that are secondary to disabilities occurring in service and for disabilities presumed to be related to circumstances of military service, even though they may arise after the veteran has left active duty military service.
Generally, the more severe a veterans disability symptoms in terms of Frequency, Severity, and Duration, the higher the VA disability rating assigned, which means a higher tax-free monetary benefit each month.
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What You Need To Know About Va Combined Disability Ratings
In cases where the VA must rate a veteran for more than one medical issue, the VA uses a combined ratings table to determine the final percentage.
The VA points out that its disability system is not additive, which the VA official site explains means that if a Veteran has one disability rated 60% and a second disability 20%, the combined rating is not 80%. This is because subsequent disability ratings are applied to an already disabled Veteran, so the 20% disability is applied to a Veteran who is already 60% disabled.
The VA Combined Ratings Table is a tool used by the VA to make the combined rating determination. The table is lengthy and requires each disability to be listed in order of severity and the VA rater follows a procedure using the ratings matched with the table to arrive at the accurate combined disability percentage. The VA official site offers an example of how this calculation is made:
- A veteran is rated with a 50% disability and is also rated with a different medical condition at 30%
- According to VA calculations, the combined value will be found to be 65 percent, BUT
- The 65 percent must be converted to 70 percent to represent the final degree of disability
- In a different example on the VA official site, a veteran rated with two disabilities at 40% and 20% requires a calculation to arrive at the combined value of 52%
- The 52% must be converted to the nearest degree divisible by 10, which is 50%.
What Tests Are Available For Raynauds Phenomenon
Several laboratory tests can help determine if a person has Raynauds phenomenon. Some of these tests measure skin sensitivity or blood flow in the fingers, especially under cooling conditions. As yet, however, none of these tests is universally accepted for detecting Raynauds phenomenon. These tests together with careful analysis of an individuals work history and detailed medical history including signs and symptoms are useful in judging if a person has Raynauds phenomenon. Other tests are often performed to rule out other possible underlying causes.
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Fourth Most Common Va Disability: Scars
Veterans can receive service connection for scars that result from their time in military service, or from service-connected conditions that required surgery. When considering scars, it is common to think of gunshot and/or combat wounds as the cause. However, it is often more common to see scars as secondary to surgeries, as mentioned above. Veterans with service-connected orthopedic conditions may undergo surgery that results in a scar.
About 1 million veterans are service connected for scars, making it one of the most common service-connected disabilities. VA disability ratings for scars, however, are usually fairly low as the criteria to get above a 0 percent rating is very difficult. About 76.6 percent of veterans are rated at 0 percent for skin conditions, while 18.1 percent of veterans have a 10 percent disability rating for skin conditions.
To qualify for the 10 percent rating, veterans must have more than one or two scars that are painful or unstable . This tends to be uncommon. VA does not rate scars based on where they are located, but the percentage of the body that is covered by the scars. Overall, scars affect nearly 10 percent of all veterans.
When providing evidence for service connection or increased rating claims for scars, it may be helpful to include clear, in-color photographs. Providing both the VA examiners and adjudicators detailed evidence of your scars may influence the final rating.
How To Apply For Va Disability Compensation
First, obtain your DD 214. Then fill out VA Form 21-526, Veterans Application for Compensation and/or Pension. Once you have completed it, mail it to the following address:
Department of Veterans Affairs
PO Box 4444
You can also apply online using VONAPP, or bring the form in-person to a Veterans Administration regional center near you.
If youre originating a new claim, be prepared to furnish your DD-214, and allow the Veterans Administration access to your medical records as well as your military records.
You dont have to submit supporting evidence right away in order to apply, but you may have to submit to a medical exam. Once you start a VA disability compensation claim, you have up to one year to submit supporting evidence.
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What Conditions Qualify For Veterans Disability Benefits
There are lots of mental and physical conditions that are compensable under Veteran Benefits law. Below are a few lists with links to some of the most common compensable conditions. Each link will take you to a guide that teaches veterans how to win their particular type of mental or physical claim against the VA.
If you have any questions about your conditions eligibility for VA disability benefits, reach out to Woods & Woods. There is never a cost for a VA claim consultation. We have successfully represented thousands of disabled veterans against the VA.
How To Obtain Medical Records
- Form 21-526EZ filed by a veteran treated by a VA or military health care facility, or
- Form 21-4142 filed by a veteran treated by a civilian doctor.
If it has been less than a year since the VA has granted disability benefits, the request for a new disability rating becomes an appeal of your claim, which is a much more complex process.
During an appeal, the VA must consider medical records from a VA or military hospital that reflect treatment or hospitalization, or records from private or public medical facilities to be valid evidence if they indicate that the disability condition of the veteran has grown worse.
However, if the VA directs you to undergo a C& P medical exam, you must submit to it or all progress with your filed claim will come to a halt.
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Need A Va Dbq And A Medical Nexus Letter To Help Increase Your Chances Of Getting A 100% Va Disability Rating
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Finding Attorneys For Va Disability Claims:
As mentioned, attorneys who represent veterans during their appeal of a denial of benefits have to be accredited by the VA. The only time a non-accredited attorney can help is advising you on what benefits you may claim. Once you make your application and it is denied, then the attorney you engage must be accredited by the VA.
The attorneys at Jackson & MacNichol wont charge you legal fees unless you win your case. Contact us today for a free consultation! We will help you get the benefits you deserve.
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Medical Conditions That Qualify For The Disability Tax Credit
Any Canadian, of any age, who has a significant health condition, may qualify for the Disability Tax Credit. BMD specializes in helping Canadians with health conditions to obtain credits that they are due. The Disability Tax Credit can often bring over $25,000 to qualifying claimants. Disabled Canadians as well as those less affected, who have health conditions and are restricted in their daily abilities can benefit! Many Canadians with medical conditions qualify for this income tax benefit and are simply not aware that they do. BMD Services helps Canadians with Disabilities, as well as those with lesser restrictions obtain their tax benefits. These refunds are important to those who qualify as these can equal $25,000 in a lump sum, as well as $2,500 per year for current and future tax years.
Some common conditions that regularly qualify are:
- Slowed Walking
- Memory Loss, Confusion, Alzheimers, Dementia, Depression, ADHD
See our list of other common medical conditions that qualify for the DTC.