Category: Veterans Disability Benefits

When you apply for VA disability benefits, the VA determines your date of disability. That date may be the date of injury or a later date, such as when you filed your ‘intent to file’ or complete application for disability benefits.

In many cases, to qualify for VA disability back pay, veterans need to have their disability benefits approved, allowing them to be entitled of this benefit. If you are having trouble receiving your disability back pay, contact our Michigan VA benefits attorneys for help.

Understanding VA Disability Back Pay

When the VA approves a veteran for disability benefits, it determines a monthly amount that the veteran will receive for disability pay. Once the VA approves a disability claim, the veteran typically begins receiving monthly disability payments within a month. However, the veteran may also be entitled to disability back pay.

Disability back pay is the amount of disability benefits you would have been entitled to receive from a specific date through the date your disability benefits began. Back pay is paid in a lump sum.

The date for determining back pay varies, depending on when you file your VA disability claim and other factors. It is important to understand how the VA calculates the date for disability back pay to ensure that you receive all the disability benefits you are entitled to receive.

Further, some cases merit a re-opening of a previous denial to allow for additional back-pay benefits to be paid to the veteran. However, the arguments can be complex and typically involve a detailed analysis of the law, medical records, and facts of the case including any reason for failing to appeal the previous or initial decision. 

How VA Disability Back Pay Works – Payment Dates

In many cases, the VA pays disability back pay from the time the veteran filed the disability claim through the date the claim was approved. Depending on the case and whether an appeal or review is necessary, that period could equal a few months or over a year. 

However, the effective date of the claim may not be the filing date of the claim in some cases. The effective date could be the date the veteran became entitled to the benefits, such as the date the veteran was diagnosed with the condition that resulted in the impairment or disability.

In that case, the effective date could be a date that is well before the claim filing date. In that case, a veteran could be entitled to substantially more money than the VA is calculating for disability back pay. However, this scenario only applies if a veteran files for disability benefits within a year of being discharged from service. 

The effective date for VA disability back pay may also be different from the claim filing date in cases involving increased rating claims. The effective date for an increased rating claim could go back a year before the date the veteran filed the disability claim if certain circumstances apply. Also, there are special rules that apply to claims related to Agent Orange exposure, and other types of claims. 

The best thing for a veteran to do if he or she is unsure of the effective date for their VA disability back pay is to talk to an experienced disability lawyer. A disability lawyer can use the facts of the case to calculate the correct effective date for VA disability back pay.

If the VA is using a date that is not correct, a skilled Michigan disability attorney can assist the veteran in filing an appeal or request for review to gain all the back pay that the veteran is entitled to receive.

Talk to Our Michigan Disability Attorneys for Help Today

Navigating the VA disability claims system can be confusing and frustrating. If you have questions about your VA disability claim, disability payments, or disability back pay, contact our Michigan disability attorneys for a free case review.

Disability Law Group is dedicated to helping the disabled receive the benefits they deserve every step of the way. Our attorneys have decades of combined experience specializing strictly in disability benefits, and we are here to help you.

What Are Forever Chemicals?

PFAS, better known as “forever chemicals” are dangerous chemicals that stay in the environment and in your body forever. These chemicals were mainly used in a certain foam that was used to fight fires with on military installations around the country.

Once spilled onto the ground, they contaminate the surface and the ground underneath the surface and sometimes contaminate the groundwater. PFAS have been linked to various health problems including birth defects, cardiovascular issues, compromised immune systems, and a variety of cancers.

They are known to cause these health problems ranging from .004 to .002 parts per trillion. Previously, the EPA said only 70 parts per trillion could cause those health defects. In layman’s terms, an extremely small amount of the PFAS chemicals could cause significant and irreversible damage to your body.

What Is Being Done Now?

The military, federal government, and state governments have been struggling with a viable solution to how this will be contained and cleaned up to prevent future contamination. The science behind PFAS is still being researched and new discoveries are being made very often.

The federal government estimates that 700 active bases have been contaminated and only 80 of them require no assistance. Meaning there are over 600 bases around the country that will need assistance in cleaning up these forever chemicals. So far, 1.5 billion has been spent in the research and discovery process of PFAS.

How Will This Be Prevented in the Future?

First off, the military has pledged to start phasing out the fire-fighting foam that contained the dangerous PFAS chemicals.

Secondly, in last year’s annual defense policy bill, the Pentagon was required to create rules to prevent and clean up firefighting foam spills and test for PFAS chemicals at all National Guard facilities.

Lastly, a National Defense Authorization Act is now making its way through the House Armed Services Committee. In this version, lawmakers are seeking to have the pentagon deliver timely briefings on its efforts in phasing out PFAS chemicals and the ongoing clean-up process.

Contact a VA Disability Attorney

If you believe to have come in contact with these dangerous PFAS chemicals and have become permanently disabled because of it, we can help you! Our Veterans Disability Attorneys at Disability Law Group are certified to handle VA benefit claims and we strictly specialize in disability law.

Our consultations are always free. We will take a close look at your file and help you understand your rights. Give us a call or contact us online to see how we can help you today.

June is PTSD Awareness Month and here at Disability Law Group, we are going to do everything we can to help spread awareness on this critical topic and help end the stigma surrounding treatment.

What is PTSD?

Let’s first dive into what PTSD is. PTSD is a mental health condition that is caused by exposure to life-threatening events. These include but are not limited to combat, car accidents, natural disasters, sexual assault, and other traumatic experiences. We understand that PTSD can affect everyone in different ways and that there are many treatment options and mechanisms to help cope and find relief that works differently depending on the situation.

Qualifications for Service-Connected PTSD Disability Benefits

If you are a veteran suffering from PTSD or know veteran suffering from PTSD, you could qualify for service-connected disability benefits through the Department of Veterans Affairs. There are certain requirements that must be met in order to qualify for these types of disability benefits from the VA. For example, the following criterion is evaluated for PTSD claims by the VA:

1. A current diagnosis;
2. A stressor (e.g. exposure to death, threatened death, actual or threatened serious injury, or actual or threatened sexual violence);
3. The traumatic event is persistently re-experienced in one or more ways (e.g. nightmares, intrusive memories, flashbacks, etc.);
4. Avoiding the above factors;
5. Negative alterations in mood or cognition;
6. Alterations in arousal and reactivity following the event; and
7. The duration of the symptoms lasts more than one month, and symptoms are attributable to PTSD rather than substance use for example.

While the requirements may not seem extraordinarily rigorous, the VA routinely denies Veteran’s claims for service connection, even when the Veteran served in combat. In fact, even of those claims that are approved, the VA commonly fails to assess the appropriate percentage and effective date, which results in less money and benefit to the Veteran and their families.

Contact VA Disability Attorney

Fortunately, you are not alone. You can hire a VA Disability Attorney to help you fight and win the full benefits you deserve under the law. Our Veterans Benefits Attorneys are certified to handle VA benefits claims and we strictly specialize in disability law. Our consultations are always free. We will take a close look at your file and help you understand your rights. Give us a call or contact us online today to see how we can help you today.

You can request your Veterans Administration (VA) medical records online. Also, the VA offers several ways to get help or get answers to your questions. 

A Michigan VA Disability attorney can help you go after the disability benefits you deserve. Here is a quick overview of how to obtain VA medical records:

How to Get Your VA Medical Records Online

You can log in to see your VA medical records through any of these accounts:

• Login.gov
• ID.me
• DS Logon
• My HealtheVet

If you do not already have one of these accounts, you can create a free account at Login.gov or ID.me to start the process of getting your VA medical records.

When in the My HealtheVet website, you can use the VA Blue Button to see, download, print, and share your medical records. You can perform many different functions with the VA Blue Button if you are enrolled in the VA healthcare system and are a registered patient at a VA health facility. Also, you must have:

• A verified Login.gov or ID.me account or
• A Premium DS Logon or My HealtheVet account

If you meet those qualifications, you will be able to click on the Health Records tab and access your Blue Button report, your health summary, and your medical images and reports. It does not cost anything for you to create one of these accounts.

If you think that your personal health record is incomplete, you can add information to it. Go to the blue navigation button at the top of the Health Records page and click Track Health. On the page that then opens, you can add things like your health history, vital signs, exercise habits, and other essential data.

Getting Your VA Medical Images and Reports

If you have a My HealtheVet Premium account and you are a VA patient, it is possible to go online and download your VA Medical Images and Reports. No more waiting for weeks to get your hands on the information and medical evidence you need. You will need to go into your VA electronic health record (EHR) and see which of your medical records are available for you to access and download.

A Premium My HealtheVet account gives you these options:

• Access to your available VA Medical Images and Reports
• You can then download those images and reports.
• You are allowed to save, print, and copy your diagnostic images onto a compact disc (CD) to share at your option with your caregivers and healthcare providers who are outside of the VA system.

These features can speed up the process of applying for disability benefits and help you manage your healthcare services.

How to Get Additional Help with Getting Your VA Medical Records

You can call the My HealtheVet help desk if you have questions or need more information about obtaining your VA medical records. The help desk is open Monday through Friday from 8:00 am to 8:00 pm Eastern time. The telephone number is (877) 327-0022 (TTY: 800-877-8339).

If you prefer to contact the VA My HealtheVet help desk online rather than by telephone, you could reach out to them on their web portal. 

Your Michigan VA Disability attorney can talk to you about your eligibility for disability benefits and handle your appeal if you were wrongly denied benefits or awarded too low an amount of benefits. Get in touch with our office today for a free consultation.

The short answer to the question of whether a person’s Veterans Administration (VA) disability benefits can be garnished is a qualification sometimes. When a veteran falls behind on paying child support or spousal support, the court or the state might issue an order to garnish the veteran’s VA benefits. Sometimes those benefits can get garnished, but not always.

A Michigan VA disability claims attorney can help you navigate the process of the attempted garnishments of VA benefits. Let’s explore the question, can a VA disability claim be garnished?

Who Gets to Decide if a Veteran’s VA Disability Benefits Can Be Garnished

You might think that the judge or the state administrative agency that issued the garnishment order would decide if a veteran’s VA disability benefits can get garnished and, if so, the amount to be garnished; but that is not the case. The VA, not the courts or the states, gets to determine if the particular veteran’s VA disability benefits can get garnished and, if so, how much garnishment is reasonable.

The General Rules of Garnishing VA Disability Benefits

Usually, one can only garnish the VA disability benefits of a veteran if the veteran waived military retired pay in order to get the VA disability benefits. If the veteran did waive a portion of it their military retired pay for that reason, they can only garnish the part of the veteran’s disability compensation that the veteran received in place of military retired pay. 

The other portion of the disability compensation cannot get garnished. Also, one cannot garnish the VA benefits at all if the veteran did not waive any military retired pay to receive VA benefits.

Factors the VA Uses to Determine How Much of the VA Disability Compensation Can Get Garnished

Determining the amount of the disability benefits that represent the retired military pay the veteran waived is only the first step in the process. The VA will analyze several additional factors to determine how much of the eligible VA disability compensation would be a reasonable garnishment. Usually, the VA only allows between 20 to 50% of a veteran’s VA disability benefits to get garnished. A higher amount would likely cause undue hardship to the veteran.

The VA will not garnish a veteran’s VA disability compensation for taxes, student loans, debts to creditors, or medical bills if the VA disability compensation is the veteran’s sole source of income. The VA will explore whether the veteran requires more income than the average person because of any special needs the veteran might have. 

The VA also examines extra expenses caused by special needs of the former spouse and children not in the custody of the veteran. The other income available to the veteran’s former spouse is an additional factor the VA will look into when determining the reasonableness of the garnishment request.

In some situations, the VA could refuse to enforce a garnishment order of VA disability benefits if the garnishment would cause the veteran undue financial hardship, or if:

• The veteran’s former spouse was found guilty of infidelity by a state court.
• The former spouse or child of the veteran has not filed for apportionment.
• The ex-spouse of the veteran is living with another person with whom they have a romantic relationship.

The VA does not always review the criteria fully, sometimes resulting in improper garnishments. There are ways to demonstrate that you would meet an exception, precluding garnishment, especially if you can show it would be unreasonable or cause undue hardship. A Michigan VA Disability attorney can help you with your garnishment of VA disability benefits situation. You can contact our office today for legal assistance, we gladly offer a free consultation.

Congress increased VA disability compensation for 2022 by 5.9 percent, the same amount as the cost-of-living (COLA) increase for Social Security disability and retirement benefits. The purpose of COLA increases is to keep pace with the actual purchasing power of the American dollar. If Congress did not make these annual adjustments, your VA disability check would have less value over time. 

The cost-of-living adjustments only increase the amount of your VA disability pay. Congress does not reduce the amount of VA disability checks or Social Security benefits if the cost of living goes down. A Michigan Veteran Disability attorney can help you fight for the VA disability benefits you deserve. Here’s some more information about the 2022 VA disability rates to increase and what it means for you.

The New VA Disability Rates as of 2022

For the calendar year of 2022, a 100 percent disabled veteran with no spouse, children, or dependent parents will now receive VA disability benefits of $3,332.06 per month. If that same veteran has a dependent spouse, the 2022 monthly benefit will be $3,517.84. In that situation, the benefits can get increased by $170 a month for a spouse receiving Aid and Attendance.

A 100 percent disabled veteran with a dependent spouse and child can now receive $3,653.89 per month. Each additional child under the age of 18 in this situation can increase the monthly check by 92 dollars. Additional children over the age of 18 in a qualifying school program can increase the check by $198 per month.

An Overview of COLAs

Even when we are not officially in an inflationary period, the cost of living usually increases a little every year. Think of your groceries. A gallon of milk and a loaf of bread cost significantly more than they did 20 years ago. If your VA disability check never increased, over time, you could buy less and less with that check.

Every year, Congress determines how much the COLA will be for the following year. Congress votes in the fall on the COLA for the next year. The 2022 COLA increase actually went into effect on December 1, 2021.

There have only been three times in the last 20 years when there was no COLA increase: 2009, 2010, and 2015. For people receiving VA disability or Social Security checks in those years, their benefits remained the same until Congress voted the following year about the possibility of increases. The 2022 increase of 5.9 percent is the highest increase in the last 20 years, just edging out 2008, in which the increase was 5.8 percent. The lowest increase during that time was 0.3 percent in 2016.

You Might be Eligible for a Higher Disability Rating

Your disability rating is essential to the calculation of how much your monthly disability check will be. If your medical condition has worsened or you qualify under legislation that went into effect after your original VA disability rating, you might be eligible for a higher disability rating. 

A Michigan Veteran Disability attorney can talk to you and explore the possibility of going for a higher disability rating, which would increase your monthly VA disability check. Contact our office today for legal assistance, we offer a free consultation.

More than 3 million veterans could be eligible for Veterans Administration (VA) disability benefits if they developed a qualifying medical condition after being exposed to fumes from burn pits while serving in the Middle East. Veterans who served in that region as far back as the Gulf War could be eligible to collect compensation.

You will have to meet the VA’s criteria to receive disability benefits for a service-related medical condition. A Michigan VA Disability Attorney can answer your questions about eligibility for burn pit exposure compensation and advocate for you if the VA has denied your application for benefits.

Time Frame for Eligibility

The VA has expanded benefits eligibility to include veterans who served in:

• The Southwest Asia theater of operations from August 2, 1990, to the present time, or
• The Middle East, including Syria, Djibouti, Afghanistan, or Uzbekistan during the Persian Gulf War, beginning on September 19, 2001, to the present time.

Veterans whose claims are already pending will not have to do anything to update their applications until they receive the VA’s decision.

What Are Airborne Hazards as Related to Burn Pit Exposure?

The VA is especially concerned about military personnel who got exposed to smoke and fumes generated by open burn pits while on active duty. The government includes these things in their definition of airborne hazards during military service:

• Open burn pit smoke and fumes
• Oil well fire smoke
• Dust, sand, and particulate matter
• Fumes from fuel, aircraft exhaust, and other mechanical sources
• General air pollution commonly present in some countries

The military disposed of trash and other waste material by using open-air burn pits. Most of these burn pits are now closed, and the Department of Defense plans to shut down all remaining burn pits.

What Got Disposed of in the Burn Pits?

The military burned many different types of waste in the open burn pits, including:

• Food waste 
• Trash composed of wood, rubber, and plastic
• Cans made of aluminum and other metals
• Human waste
• Paint, chemicals, and medical waste
• Petroleum and lubricant products
• Munitions and unexploded ordinance

The smoke from burning these items could cause short-term medical conditions, like breathing difficulties, coughing, skin itching and rashes, or burning and irritation of the throat or eyes. Military personnel who had extended exposure to the burn pits or were closer to them could be at greater risk of developing longer-term health consequences.

Respiratory Health Conditions Associated with Burn Pit Exposure

The VA concluded that veterans exposed to burn pit smoke could develop chronic respiratory conditions within ten years after separation from service, including asthma, rhinitis, and sinusitis, including rhinosinusitis. There are many additional illnesses that might have a burn pit exposure connection, such as:

• Cancer, including leukemia, carcinoma, lymphoma, medulloblastoma, and cancers of the bladder, bones, brain, prostate, intestines, kidneys, lungs, pharynx, larynx, pancreas, and other organs and tissues.
• Hodgkin’s lymphoma and non-Hodgkin’s lymphoma
• Many chronic respiratory conditions
• Autoimmune disorders
• Multiple sclerosis
• Parkinson’s disease
• Many other adverse medical conditions

If you or a loved one developed a medical condition within ten years of separating from service and served in the qualifying geographic locations, you might be eligible for VA disability benefits. A Michigan VA Disability Attorney can talk to you about eligibility for compensation for burn pit exposure. Get in touch with our office for legal assistance, we offer a free consultation.

The way that the Veterans Administration (VA) handles appeals has changed considerably in the last few years. If it has been a while since you interacted with the VA on a claim, it will be in your interest to learn the new procedures. Either way, it’s important to consult with an experienced VA Appeals Attorney to not only understand your rights, but to know exactly how the new law changes can affect you.

The Veterans Appeals Improvement and Modernization Act (AMA) that went into effect in February 2019 impacted the steps to take if you disagree with your VA disability rating. A Michigan VA Disability Attorney can represent you through the appeals process and protect your rights.

Three Possible Appeal Paths

Many people who apply for disability benefits from the VA do not agree with the initial decision the VA reaches about their disability rating and the resulting amount of benefits they will receive. If you find yourself in the situation, the VA offers a new appeal process under the AMA. 

The AMA split the VA disability claim appeal process into three different lanes. Your three options are: 

• Supplemental Claim
• Higher-Level Review
• Appeal to the Board of Veterans’ Appeals (Board)

You will need to select which of the three appeal paths you wish to take when you disagree with the decision of the VA about your application for disability benefits. 

Supplemental Claim

The supplemental claim option is for people who have new evidence that they did not submit when they filed their initial application for VA disability benefits. This evidence should be relevant to the claim, particularly information that could have caused a positive outcome in the initial decision.

Higher-Level Review

If you think the VA made a mistake in the initial decision, you might want to select the Higher-Level review (HLR) option. For example, a clerical error or some other simple mistake could get corrected at this level of review. The VA advises people that the first two options, Supplemental Claim and Higher-Level review, offer a quicker resolution than the third option, which is an Appeal to the Board of Veterans’ Appeals (Board). It’s important to note that an HLR can only be filed once in the life of a claim. 

Appeal to the Board of Veterans’ Appeals (Board)

An Appeal to the Board of Veterans’ Appeals (Board) is the most formal of the three options. Not surprisingly, a Board appeal takes the longest time of the three options. If you select a Board appeal, you will need to choose among three more paths, Direct Review, Evidence Submission, and Hearing with a Veterans Law Judge (VLJ).

Board Appeal – Three More Choices

People who disagree with the initial decision from the VA on their disability claim and select a Board appeal must then choose one of these three options:

• Direct Review. If you think the VA misinterpreted the facts of your case or the law, you might want to select this path, which has the shortest timeline of Board appeals. This path does not involve submitting additional evidence to the Board.
• Evidence Submission. You can submit additional evidence to the Board using this path option. With this option, you are not questioning whether the VA misinterpreted what you previously submitted. You are merely supplementing the evidence for the Board to consider when it reviews your case on appeal.
• If you wish to have a Hearing with a Veterans Law Judge (VLJ), you will need to choose the Hearing path, which takes the longest of the three Board appeal options. Not surprisingly, this option also takes the longest of all possible options under the AMA’s new procedures.

Each of these VA appeal options has strict rules and deadlines. If you miss a deadline, you could lose the right to appeal the VA’s initial decision on your disability claim. With so much at stake, it would be a smart decision to work with a Michigan VA Disability Attorney if you are unhappy with the VA’s initial decision on your request for disability benefits. Get in touch with our office today for legal assistance, we offer a free consultation.