VA disability benefits are often denied because veterans don't seek help from a qualified VA attorney. Veteran disabilities, including post traumatic stress disorder, also known as PTSD and combat stress, can also hinder a veteran from filing a claim, thereby causing delay in veterans compensation and veteran's disability benefits.
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VA Disability Benefits
 Veteran Affairs offers VA disability benefits for those with disabilities as a result of their military service. The VA website explains that to qualify for veteran compensation you must have (1) a disability at the present time that has been diagnosed medically; (2) a disease, injury or event in the service; and (3) your current medical condition is related to the in-service medical condition.
A service connection must be established when a veteran first files a claim for disability compensation with the VA: there are five ways to apply for a service connection and an attorney who specializes in Veterans Disability Compensation law can help.
If you have another disability that you believe is related to your military service, but you have not previously filed a claim for that disability, you can file a new claim online.
The VA also provides a pension for disabled veterans but only if they have limited income and are disabled or over 65 years of age. For a dependent to receive benefits from the VA, the veteran needs to have been rated by the VA for a service-connected disability.
Veteran Disability Denials
 The Federal government says between 50 and 70 percent of benefit claims to Veterans Affairs are being unjustly denied. Congress recently approved additional VA funding to solving the problem of denied veteran disability claims.
Disabled veterans benefits can also be reduced by the VA for a number of reasons based on its disability compensation ratings. It is important that you find a veterans lawyer or Veteran Service Organization immediately if the VA proposes to lower your veterans' compensation. (Recent legislation now allows veterans to hire attorneys to represent them for benefits before the VA. Before June 20007, attorneys were prohibited from charging a fee to represent veterans at the administrative level.)
VA Disability Lawsuit
In 2008 a lawsuit was filed by two advocacy groups, The Vietnam Veterans of America and Veterans of Modern Warfare, against the Department of Veterans Affairs representing almost 60,000 veterans. The lawsuit claims that the VA is taking up to four years to process disability claims, which is causing economic devastation, homelessness, the breakup of families, and even suicide. The suit requested that the VA be required to pay interim benefits on any claim that takes longer than 90 days to process or six months to appeal.
Some of the allegations in the lawsuit include:
- A backlog of up to 600,000 disability payments, with delays of up to 177 days for initial claims.
- A shortage of treatment programs for post-traumatic stress disorder.
- A classification of post-traumatic stress disorder claims as "pre-existing personality disorders" in order to deny veterans disability or medical treatment.
Veteran Disabilities
Of the returning veterans suffering from anxiety-related problems, approximately one-third of them suffer from panic disorder. Veterans who suffered combat stress have also been diagnosed with the following:
- Bipolar disorder;
- Psychosis;
- Suicidal or homicidal ideation or intent;
- Severe depression; and
- Panic attacks only related to specific phobias or medical conditions that mimic anxiety symptoms.
- Post Traumatic Stress Disorder
Post Traumatic Stress Disorder
According to the VA, 60,000 U.S. service personnel have been wounded or have psychological disorders such as PTSD due to their tours in Iraq since 2003.
In 2007 a coalition of disabled Iraq war veterans sued the Department of Veterans Affairs, accusing them of illegally denying or delaying claims for disability pay and mental health treatment. Filed on behalf of an estimated 750,000 veterans suffering from post-traumatic stress disorder, the lawsuit is the latest in a list of complaints about the quality of medical care provided to veterans returning from war.
Agent Orange
A federal appeals court in San Francisco ordered the VA to pay retroactive benefits to Vietnam veterans exposed to Agent Orange who have contracted leukemia. The VA expects to see approximately 200,000 veterans becoming eligible for disability benefits.
Gulf War Syndrome
 In February 2010, the VA vowed to review potentially thousands of Gulf War Syndrome disability claims. According to the VA, of almost 700,000 U.S. troops who served in the Gulf war, upwards of 210,000 have complained of a series of symptoms.
Approximately 108,000 vets are on a Registry of whom 80,000 are symptomatic. But only about half of ill gulf veterans have registered with the VA or DoD for treatment. It is believed the rest are seeking private medical care.
Gulf War syndrome is a collection of symptoms, including rashes, joint and muscle pain, sleep issues and gastrointestinal problems. The cause isn't still clear, but scientists and service people have considered pesticides, chemical drops, oil well fires and pyridostigmine bromide pills, which soldiers took to safeguard from nerve gas.
Lou Gehrig's Disease
In 2006 the Institute of Medicine reported a potential connection between military service and the onset of amyotrophic lateral sclerosis (ALS) or Lou Gehrig's disease. ALS is a progressive, usually fatal, nervous system disorder that affects 20,000 to 30,000 people in the United States, with roughly 5,000 newly stricken annually. According to the report, several epidemiologic studies reported a link between development of ALS and prior service in the U.S. military.
VA Claim Process
 In an attempt to help improve the veterans' disability claims process, in March 2010 the VA held a nationwide contest for VA employees and veterans services organizations. An award-winning idea is the use of standardized forms to speed up the veteran's assessment. Currently, veterans must undergo a private exam as well as an exam at a VA medical facility in order to have their condition and degree of disability properly diagnosed and be awarded disability benefits.
Standardized forms will help both the veterans and the private physicians:
- Veterans will be much more aware of the necessary required information;
- The new process will most likely lower the amount of examinations required, which will benefit those veterans finding it hard to travel; and
- The physicians will be more familiar with the veteran's medical history.
VA Disability Benefits Legal Help
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Last updated on Apr-18-11 |
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