Veteran in a wheelchair receiving disability benefits.

What Is a VA Reexamination, and How Does It Affect My Veterans Disability Benefits?

Being awarded veterans disability benefits does not guarantee that those benefits will never change. The Veterans Administration (VA) could re-evaluate your case at a future date and determine that your disability benefits should be reduced or terminated. A Michigan VA benefits attorney can work with you to fight a termination or decrease in veterans disability benefits.

What is a Veterans Disability Benefits Reexamination? 

A reexamination is a medical re-evaluation of your service-related disability. The VA is required to send you a notice that it has scheduled a VA examination to re-evaluate your disability rating. Never ignore a notice for a reexamination. Read the notice carefully and follow the instructions on the notice to avoid an automatic termination of disability benefits.

The VA requires individuals to submit to additional medical examinations by a VA physician for a variety of reasons. Some of the reasons why you might receive a notice of reexamination include:

  • The VA needs to verify that you are still disabled;
  • The severity of your disability needs to be verified;
  • Your condition is expected to improve over time; and,
  • The VA received evidence that indicates there has been a change in your condition since your last examination.

However, veterans who have service-related disabilities that have not improved in five or more years, are over the age of 55 years, have a minimum impairment rating, or, have a disability that is not expected to improve (i.e. loss of limb) are generally not subject to reexaminations. At any rate, do not ignore a notice of reexamination, even if you are in one of these groups. Contact the VA to determine if the notice was issued in error or contact a disability attorney for help. 

What Happens After the VA Reexamination?

If the medical examiner determines that your disability has improved, the VA could reduce your disability benefits. In some cases, your disability benefits could terminate if the medical examiner concludes that you are no longer disabled. 

In any of these cases, you have appeal rights. You could appeal a decrease or termination of your VA benefits just as you could with other decisions regarding benefits, including a denial of benefits, denial of increased compensation, and/or denial of an earlier effective date for your service-connected condition(s). You can also request an increase in disability benefits if your condition worsens. A request for an increase could result in a decrease if the examination reveals that your condition has improved. You may want to discuss your options with an attorney before proceeding with a request or appeal. 

What Happens if I Don’t Show Up For a VA Reexamination?

If you fail to show up for the scheduled medical examination, the VA may decrease or terminate your disability benefits. You must notify the VA if you need to reschedule the examination. If you miss a scheduled reexamination appointment, contact the VA immediately to explain why you missed the appointment. If the VA finds that you had good cause for missing the appointment, you may be able to reschedule the examination to avoid an automatic reduction in benefits. 

Contact a Michigan VA Benefits Attorney If You Have Questions

A VA Reexamination could negatively impact your disability benefits. If you receive notice of a reexamination, contact a Michigan VA benefits attorney to discuss your rights and obligations regarding the reexamination process. An experienced veterans disability attorney can help you understand what additional evidence may help support your claim, assist you with appointments or letters in support, and represent you in obtaining the full veterans disability benefits that you deserve.

Soldier with PTSD.

June Is PTSD Awareness Month

June is National PTSD Awareness Month, and we feel it is critical to help raise awareness of Post Traumatic Stress Disorder and promote resources to help those suffering from this condition. 

Many people suffer lasting trauma from horrific events, such as observing or being a victim of violence, serving in combat or during wartime, or being exposed to traumatic or life-altering experiences.  And, chances are, you know someone in your Michigan community who is directly or indirectly impacted by PTSD. 

Michigan disability attorneys, in partnership with government and mental health agencies, champion PTSD Awareness Month as an opportunity to end the longstanding stigma surrounding this mental health condition, and connect those suffering with PTSD to community support and treatments that support healing and a better quality of life. 

About PTSD

Post Traumatic Stress Disorder, or PTSD, is a mental health condition occurring after a person experiences or witnesses a traumatic event.  People living with PTSD may include victims of natural disasters, sexual molestation and assault, and wartime or criminal violence. 

Who Is Susceptible to PTSD?

While everyone may be susceptible to developing PTSD, proven indicators suggest that some are more vulnerable than others to the condition. For example, the following factors have been shown to play a role in PTSD:

  • Prolonged stress
  • Lack of coping mechanisms
  • Social isolation 
  • Family history of depression
  • Prior history of physical, emotional, or sexual abuse
  • History of substance abuse

Understanding the factors that predispose a person to PTSD is essential to diagnose the condition and prescribe effective treatment. 

What are the Symptoms of PTSD?

Symptoms of PTSD are variable and manifest differently depending on the person afflicted. Sufferers may exhibit one or multiple symptoms, and young children often display different signs than teenagers and adults. 

Common symptoms of PTSD in children, teens, and adults: 

  • Increased anger and anxiety
  • Nightmares or difficulty sleeping
  • Flashbacks or unwanted memories of the event
  • Self-alienation or avoidance behaviors
  • Uncontrollable negative thoughts 
  • General malaise 

Additional symptoms in young children:

  • Recreating the event through actions or drawings
  • Bedwetting
  • Selective mutism

Most sufferers begin to experience PTSD symptoms within a few months of the inducing trauma, though for some, symptoms may take years to develop. And because many physical symptoms of PTSD, such as headaches, dizziness, and chest pain, mimic other medical conditions, diagnosing PTSD can be difficult.  

Healing Those Who Suffer from PTSD

The first step in healing sufferers of PTSD is confirming the diagnosis.  If you or someone you love is exhibiting symptoms that may indicate PTSD, it is vital to schedule an appointment or assessment with a trained professional, such as a psychiatrist or psychologist. During the evaluation, doctors will ask about past trauma and how current symptoms are interfering with normal life.

Victims should be reminded that a PTSD diagnosis is no cause for embarrassment or shame, but is rather an opportunity to receive desperately needed treatment for healing and recovery. 

Special Care for Veterans Suffering PTSD

If you are a Veteran with PTSD, whose trauma occurred during your service, you may be eligible for disability benefits through the Department of Veteran’s Affairs. 

Your PTSD must be linked to a trauma that happened during your service, and your symptoms must be shown to interfere with your ability to function as well as you could previously.

Disability benefits may include:

  • health care benefits
  • PTSD treatment 
  • financial compensation

To receive VA benefits for PTSD, you will need to complete several forms and a statement supporting your claim.  It is wise to seek the help of a Michigan disability lawyer to help determine your eligibility to file a claim and navigate the claims process. 

Additionally, there are other forms of government benefits that may be available for people who experience severe health conditions, such as PTSD. Social Security Disability benefits, Supplemental Security Income payments, and other federal disability programs may be available for people who have difficulty working full-time due to their condition. In fact, children may even be eligible for Supplemental Security Income or SSI if they experience severe PTSD, or other medical impairments.  

How A Michigan Disability Lawyer Can Help

Filing for any government benefits program is a complex and lengthy process.  Accuracy in completing forms and meeting filing restrictions can feel overwhelming, particularly when you aren’t feeling well from PTSD.  

You can hire an experienced Michigan disability attorney to help you navigate the constantly evolving and complex VA regulations and avoid costly mistakes that might risk your VA benefits.  Contact our office today for your free consultation. 

Appeals to VA disability

Appeals to the Board of Veterans

If you filed a claim for benefits with the U.S. Department of Veterans Affairs (VA), and you are not happy with the decision, you can file an appeal to the Board of Veterans’ Appeals. The process you will use will depend on whether you are filing a new appeal, or if you are in the middle of appealing a decision dated before February 19, 2019. A Michigan veterans appeals attorney can help you navigate either process. 

All new appeals must use the new procedure under the Veterans Appeals Improvement and Modernization Act of 2017 (AMA). Some ongoing appeals of decisions dated before February 19, 2019, have the option during the appeal of staying with the Legacy appeals process (the old method) or continuing the appeal following the new procedures under the AMA. If you have a new disagreement with a decision dated before February 19, 2019, you will need to file a Supplemental Claim. 

The New Process for Appeals to the Board of Veterans’ Appeals

If you want to appeal a VA decision dated on or after February 19, 2019, you have three options for review. If you try one of the options and are unhappy with the result, you can try one of the other options with some exceptions (for example, you are precluded from filing another HIgher-Level Review request on a decision from a Higher Lever Review request). The three decision review options are: 

  • Supplemental Claim 
  • Higher-Level Review 
  • Board Appeal 

If you have new information the VA did not have when it made its original decision, you can submit the relevant evidence with a Supplemental Claim. If you disagree with the original decision but do not have new evidence, you can ask for a more senior reviewer to perform a Higher-Level Review. If you disagree with the result from either of those two options, you can appeal to a Veterans Law Judge which is also known as a Board Appeal or appeal directly to the Board of Veterans’ Appeals. Splitting appeals into these three different pathways is supposed to create a more efficient appeals process and help catch up the seemingly endless backlog of appeals to be processed for thousands of veterans who have been waiting for a decision, or a hearing, many years after an appeal was filed.

The Legacy Process for Appeals to the Board of Veterans’ Appeals

Under the legacy appeal process, the veteran had to file a Notice of Disagreement within one year of the date on the letter that notified the veteran of the claim decision. The VA would review all the evidence in your case again as well as any new evidence you submitted with your Notice of Disagreement. 

The VA could either grant your appeal in full or send you the VA’s findings in a Statement of the Case (SOC). You would have to file a VA Form 9 within 60 days to keep your appeal going. If you submit new evidence after the SOC, the VA might then issue a Supplemental SOC. 

Your appeal then goes to the Board of Veterans’ Appeals. Unless you qualify for “Advanced on Docket” status, a Veterans Law Judge will only start working on your case when it’s one of the oldest appeals assigned to that judge which typically meant years and years of waiting with an appeal pending. At the Board level, you can also request a hearing with the Veterans Law Judge. The judge does not make decisions at the hearing, but rather issues a decision in writing. Ultimately, the Board will review your appeal and either grant the benefits you request in whole or in part, deny the benefits in whole or in part, or remand in whole or in part which could require further development and/or more evidence. 

It could take as long as five to seven years to receive a ruling if you ask for a Veterans Law Judge at the Board of Veterans’ Appeals to review your appeal. With the recent law changes under AMA, these wait times could be much less, particularly if all evidence is obtained in a timely fashion which may include nexus letters and/or Disability Benefits Questionnaire(s) to be completed by a doctor, buddy statements, command history records, medical research, and more. If this next level is denied, there are additional appeal rights.

What Happens After the Board of Veterans’ Appeals

Whether your appeal is still under the legacy process or the new procedures under AMA, a VA-accredited attorney that is well-versed in disability benefits may be able to help you. Our Michigan veterans appeals attorneys at Disability Law Group can help you appeal your adverse decision and pursue the benefits you deserve. Our disability law firm strictly specializes in disability benefits, and we can help you at a time when you need it most so that no deadlines are missed or evidence is overlooked, placing you in the best position to qualify. 

Contact us today for a consultation. 

Military firefighters with possible expsosure to PFAS chemicals.

Health Conditions that May Be Associated with PFAS Exposure

Service members understand that exposure to certain dangerous conditions and hazards are a part of their job. They understand that they may serve overseas or in areas that could pose a significant risk to their health and wellbeing. However, few men and women serving in the military expect exposure to hazards at the military base on which they work and call home even if only temporary. 

Exposure to drinking water contaminated with PFAS is now a problem for many veterans and service members, which is why PFAS chemical lawsuits are cropping up across the country.

What is PFAS?

According to the U.S. Department of Veterans Affairs, PFAS stands for perfluoroalkyl and polyfluoroalkyl substances. It is a synthetic chemical that is commonly used in the manufacture of various products, including carpet, adhesives, clothing, food packaging, and non-stick cookware. The chemical is also found in the firefighting foam used by firefighters. PFAS does not break down over time. Many people have varying levels of PFAS in their system from exposure to PFAS in their normal daily activities.

Drinking Water at Military Bases Contaminated with PFAS

The Department of Defense used the firefighting foam described above to combat fuel fires beginning in the 1970s. Service members used the firefighting foam to fight actual fires, but also used the foam in training exercises on military bases. The firefighting foam is now thought to be a source of PFAS contamination of the groundwater on many military bases. 

Service members using the firefighting foam were exposed to PFAS, but all other personnel on the base were also exposed to PFAS because of the contaminated groundwater. Additionally, the groundwater of communities surrounding military bases could also contain PFAS.

An ongoing investigation by the Department of Defense has identified numerous military installations that have PFAS-contaminated water. Thousands of military personnel may have been exposed to PFAS-contaminated water, which can cause serious health concerns.

Health Issues and Illnesses Related to PFAS 

Veterans and service members exposed to PFAS could experience health problems associated with PFAS. The EPA and Centers for Disease Control are still learning about how PFAS exposure can impact a person’s health. The likelihood that PFAS exposure may cause health problems depends on numerous factors, including the duration of the exposure, the level of contamination, and the frequency of the exposure.

Some studies suggest that exposure to PFAS could be a factor in developing certain health conditions including: 

  • Liver damage
  • Increase in cholesterol
  • Changes in child development and fetal development
  • Immune system changes
  • Increase in the risk of developing certain cancers, including kidney cancer and testicular cancer
  • Issues with fertility
  • Pregnancy-induced preeclampsia/hypertension
  • Increase in the risk of thyroid disease
  • Increase in the risk of asthma

The Department of Defense and Veterans Affairs continue to claim that the medical and scientific evidence to support that exposure to PFAS could result in health concerns like those above is inconclusive. 

Veterans and service members may request blood testing to determine their level of exposure to PFAS, but the VA denies the requests for most individuals. Unfortunately, service members and veterans deal with the health concerns caused by PFAS contaminated water while the VA continues to monitor the situation.

Contact Disability Law Group for More Information About VA Disability Claims

If you are fighting for VA disability benefits, the Disability Law Group is here to help you. Contact our Michigan disability attorneys for a free case review. We fight for the rights of our veterans to receive the disability benefits they deserve. Our attorneys have decades of experience specializing strictly in disability law, and our client testimonials reflect our demonstrated success and compassion. Call us today for your free consultation. 

Paralyzed veteran in a wheelchair.

Stages of a VA Disability Claim

Applying for VA disability benefits should be simple for all veterans. However, the VA disability claim process can be difficult or overwhelming for some individuals. Understanding the states of a VA disability claim can be helpful. Also, seeking advice and guidance from experienced Michigan VA disability attorneys can be beneficial for many veterans. Veterans disability laws and procedures are not only complex, but they are ever-changing which can impact what appeal avenues look like and the time it takes to process an appeal, or make a decision. 

How Long Does It Take to Process a VA Disability Claim?

According to the Veterans Administration, the average number of days to complete a VA disability claim is 79.9 days. However, your disability claim may take less time or more time to complete. 

Factors that impact the time it takes to complete your VA disability claim include:

  • The type of VA disability claim filed;
  • The number of disabilities or injuries involved in your disability claim;
  • The complexity of your injuries or disabilities; and,
  • The time it takes to gather the necessary evidence to process and decide a claim.

There is nothing for you to do after you file your VA disability claim except wait. However, if you receive a letter or request from the VA regarding evidence or information, responding to the request immediately can help expedite processing your claim and lead to a more favorable decision. Failing to respond to requests for information and documents could result in a delay in the processing time for your claim, as well as a more negative or unfavorable decision. You will also want to be sure that you have submitted all evidence, including statements to support your claim(s), medical records and/or any private medical opinions to help prove your case. 

What Happens After You File a VA Disability Claim?

VA disability claims may be filed online, by mail, or in person. Filing your claim online can reduce the time it takes to schedule an appointment with the VA or mail your application to the VA. Once the VA receives your disability claim, the claim proceeds through the standard process to evaluate the claim.

An initial review of your claim is made by a VSR (Veterans service representative). The VSR may contact you if the application is not complete or accurate. If your application is in order, the VSR begins gathering additional evidence from a variety of sources, including your health care providers and governmental agencies. You may be contacted to provide additional information or evidence of your disability or injuries.

After gathering all relevant information and evidence, the VSR reviews the evidence and decides whether your claim is granted or denied. The VSR prepares a claim decision package that contains details of the disability decision. 

What Can I Do If My VA Disability Claim is Denied or I Don’t Agree with the Decision?

If your VA disability claim is denied or you don’t agree with the decision, you have a right to appeal the decision, but you must do so within your appeal timeframe or before the deadline. For claims decided on or after February 19, 2019, veterans have three choices for review options:

  • File a Supplemental Claim with new and relevant evidence;
  • Request a Higher-Level Review by a senior reviewer; or,
  • Request a Board Appeal with a Veterans Law Judge.

Depending on what evidence was submitted and considered in rendering the decision you received, you may decide to file a Supplemental Claim appeal with additional evidence to strengthen your claim (such as a nexus letter from your doctor, correlating your claimed condition(s) to your time in service using the standard “at least as likely as not” language required). Alternatively, it may be advisable to file a Higher-Level Review appeal, such as the case for an error applying the law or reviewing your evidence prior to the decision being issued. Because there are deadlines for filing appeals and requests to review, it is important to take quick action once you receive the VA disability claim decision. Also, because each review choice is slightly different, you should consult an experienced disability attorney to discuss which option is best given the facts and circumstances of your claim. 

Contact Our Michigan Disability Attorneys for Help

Our Michigan disability attorneys assist veterans throughout the United States in obtaining the VA at various levels of the disability claims process. We also help veterans who need to appeal decisions and fight for the benefits they deserve after an injury or disability. Contact us today for your free consultation. Our attorneys are certified to handle veterans disability cases. Disability is all we do! Our team is not only skilled and knowledgeable, but passionate. We will fight to ensure you receive every benefit you deserve just as you fought to protect our freedoms today.

See how the VA is responding to the COVID-19 pandemic.

Veteran with PTSD talking about his non-combat stressors.

Non-Combat PTSD Stressors and VA Disability Benefits

A stressor, as defined by the Department of Veterans Affairs (VA), is an event that results in post-traumatic stress and may eventually develop into post-traumatic stress disorder (“PTSD”). PTSD is a common result of stressors experienced by veterans during combat.

However, PTSD can also result from stressors experienced during peacetime. These types of stressors are known as non-combat PTSD stressors.

In order to receive VA disability benefits for non-combat PTSD, veterans must submit specific information to the VA for consideration in their claim to help support the criteria. Below is an overview of non-combat PTSD stressors and VA disability benefits. If you suffer from PTSD and need assistance obtaining VA disability benefits, please contact our Michigan veterans benefits attorneys.

Evidence Required to Verify a Non-Combat PTSD Stressor

When considering a veteran’s PTSD non-combat claim, the VA must verify the stressor. However, it isn’t enough to simply confirm that the event occurred. The VA must also confirm that the veteran was present and witnessed the event in some manner. This is accomplished via the submission of evidence which may come in a plethora of formats and from various sources.

Primary Evidence

The first type of evidence that a veteran may submit to demonstrate a non-combat PTSD stressor is called primary evidence. The VA considers primary evidence to be the most reliable means of verifying non-combat PTSD stressors.

There are many types of primary evidence, including:  

  • Service personnel records
  • Pay records
  • Evidence of military occupation
  • Hazard pay records
  • Military performance reports
  • Verification of combat pay/imminent danger pay/hostile fire pay
  • Unit and organizational histories
  • Staff journals
  • After action reports
  • Operational reports-lessons learned
  • Radio logs
  • Deck logs
  • Ship histories
  • Command chronologies
  • War diaries
  • Monthly summaries
  • Morning reports

Secondary Evidence

The VA also accepts secondary evidence of non-combat PTSD stressors, including:  

  • Contemporaneous diaries and letters
  • Newspaper archives
  • Buddy statements

This last piece of evidence, the buddy statement, can be particularly relevant in non-combat-related PTSD claims.

The VA may accept a buddy statement from another veteran who you served with, for example, to corroborate a claimed in-service stressor if it is consistent with the information provided by the veteran seeking VA disability benefits. Without a buddy statement, it can be particularly difficult to prove a non-combat PTSD stressor.

Examples of Non-Combat PTSD Stressors 

Examples of non-combat PTSD stressors include:

  • Severe weather events
  • Plane crashes
  • Auto accidents
  • Witnessing another person’s injury or death outside of a combat situation

Contact a Michigan Veterans Benefits Attorney 

In order to obtain VA disability benefits for both combat-related PTSD and non-combat PTSD, you must submit the correct documentation and meet the VA’s stringent criteria.

Otherwise, your claim will be denied. In order to ensure that you submit everything required to support your claim, you need a team of experienced Michigan veterans benefits attorneys on your side. At Disability Law Group, disability is all we do. Please contact us as soon as possible for a free consultation.

 

surviving spouse benefits

Are “Surviving Spouses” Eligible for VA Benefits?

If you are the surviving spouse of a disabled veteran, you may be eligible for certain cash benefits. Specifically, you may be eligible for what is known as dependency and indemnity compensation (“DIC”) benefits. DIC benefits are available to surviving spouses of service members who died from service-connected disabilities or had a 100% disability rating prior to death. Below is an overview of DIC benefits for surviving spouses. For additional information about DIC benefits for surviving military spouses, please contact our Michigan veterans benefits attorneys.

Eligibility for DIC benefits

If you are a surviving military spouse, you may be eligible for DIC benefits if your spouse:

  • Died while on active duty (or inactive duty for training),
  • From a disability that was connected to his or her service, OR
  • While eligible for or receiving disability compensation for a totally disabling condition for between one and ten years, depending on the circumstances.

In addition to the above conditions, you must also meet the following requirements:

  • You married your spouse at least one year prior to his or her death,
  • You lived with your spouse without any separations until he or she died (some exceptions may apply), 
  • Your spouse must have died from a disability that was connected to his or her service if you were married within 15 years of discharge from the period of service that caused the disability, OR
  • You had a child with your spouse, OR
  • Your spouse died while he or she was on active duty (or inactive duty for training).

DIC benefits for surviving spouses who remarry

If you are a surviving spouse who has remarried, you may be ineligible for DIC benefits. However, your eligibility depends on the date you remarried and your age on the date of your remarriage. If you remarried after age 57, you remain eligible for DIC if you also meet the requirements above. If you remarried before you turned 57, you aren’t eligible for DIC benefits unless you were married before December 16, 2003.

Contact an attorney to determine your eligibility for DIC benefits

Given all of the requirements and exceptions discussed above, it can be difficult to determine if you’re eligible for DIC benefits without legal assistance. Therefore, if you’d like to determine your eligibility for surviving spouse DIC benefits, you need Disability Law Group on your side. At Disability Law Group, our Michigan veterans benefits attorneys are here to help you obtain the benefits you deserve. We respect our veterans and their families, and we’re committed to assisting you with every step of the veterans disability benefits process. If you live in Macomb County, Oakland County, Wayne County, or elsewhere in Michigan and would like to apply for DIC benefits, we’re here to help. At Disability Law Group, disability is all we do. Please contact us as soon as possible for a free consultation.  

VA disability attorney and client

Illnesses that Appear One Year After Discharge: Do I Still Get VA Benefits?

If you were recently discharged from active military service and have since developed a medical condition, you may be eligible for veterans disability benefits. In many cases, if your symptoms appeared within a year of your discharge, the VA will determine that they’re related to your service, thereby making you eligible for veterans disability benefits. Below is an overview of delayed illnesses and veterans disability benefits. 

Veterans Disability Benefits Eligibility  

If you’re a veteran with an illness that appeared within one year of your discharge that is at least 10% disabling, you may be eligible for veterans disability benefits. However, in order to be eligible, you must also meet both of the following requirements:

  • You have an eligible medical condition pursuant to federal law, and
  • You weren’t dishonorably discharged from the service.

Obtaining Veterans Disability Benefits 

In order to obtain veterans disability benefits, the first thing you must do is file a claim for disability compensation and submit evidence of your medical condition. The evidence you submit must demonstrate that: 

  • Your medical condition is at least 10% disabling, and
  • It appeared within a year after you were discharged from the service.

If your illness is listed in Title 38, Code of Federal Regulations, 3.09(a), you aren’t required to show that your problem is a result of your military service. The VA considers these conditions, which are called “presumptive diseases,” to automatically be related to your service. For a detailed list of presumptive diseases, please contact a Michigan veterans benefits attorney

Exceptions

If you have any of the following diseases, you may be eligible for veteran’s disability benefits even if your symptoms appeared over one year following your discharge from military service:

  • Hansen’s disease 
  • Tuberculosis 
  • Multiple sclerosis 
  • Amyotrophic lateral sclerosis, which is also known as Lou Gehrig’s disease

Contact a Michigan Veterans Benefits Attorney Today 

If you are a disabled veteran who suffers from any of the above conditions, you may be eligible for veterans disability benefits. In addition, since the above list is not exhaustive, you should contact a Michigan veterans benefits attorney if you have acquired any illness since your discharge from the service. At Disability Law Group, our Michigan veterans benefits attorneys are here to help you obtain the veterans benefits you deserve. We respect your military service, and we’re committed to assisting you with every step of the veterans disability benefits process. So, if you live in Macomb County, Oakland County, Wayne County, or anywhere else in Michigan or the United States, and suffer from a medical condition that may entitle you to veterans disability benefits, we’re on your side. At Disability Law Group, disability is all we do. Please contact us as soon as possible for a free consultation. 

Man with a presumptive condition from Agent Orange meeting with an attorney.

Presumptive Conditions Caused by Agent Orange

Most medical professionals agree that the use of Agent Orange in the Vietnam War led veterans to develop numerous diseases, including various types of cancer. The United States Department of Veterans Affairs has outlined various conditions that they have identified as directly caused by Agent Orange to qualify as a “presumptive” condition for service-connected disability purposes. However, various criteria must be met in order for the veteran to be eligible for service-connection; for example, serving in one of the enumerated locations and during the corresponding presumptive period of time must also be met. Below are the various conditions believed to be caused by exposure to Agent Orange. 

If you suffer from a disease that you believe was caused by your exposure to Agent Orange during the Vietnam War, regardless of whether the condition is considered “presumptive,” please contact our veterans benefits attorneys to discuss your eligibility for veterans disability benefits. 

Cancers Attributed to Agent Orange Exposure

Some of the cancers attributed to Agent Orange exposure are:

  • Prostate cancer: Prostate cancer is a type of cancer that attacks a man’s prostate gland.
  • Respiratory cancer: This type of cancer can attack the lungs, trachea, bronchus, and larynx. 
  • Soft tissue sarcomas: Soft tissue sarcomas attack muscles, fat, lymph glands, blood vessels, and connective tissues.
  • Chronic B-cell Leukemia: This type of cancer attacks the white blood cells.
  • Hodgkin’s disease: This cancer increases the size of the lymph nodes, spleen, and liver and lowers the body’s red blood cell count.
  • Multiple myeloma: This type of cancer attacks the body’s plasma cells.

Other Diseases

Other diseases attributed to Agent Orange exposure include:

  • AL amyloidosis: This is a rare disease that occurs if amyloid, which is an abnormal kind of protein, builds up inside the bodily tissue, the nerves, or the organs.
  • Chloracne: Chloracne is a skin problem that occurs shortly after exposure to certain chemicals.
  • Diabetes mellitus type 2: This disease occurs when someone’s body can’t process insulin properly, which results in elevated levels of sugar in the blood. 
  • Ischemic heart disease: This disease occurs when the heart doesn’t receive a sufficient amount of blood or oxygen, and it often results in pain or discomfort in the chest area. 
  • Parkinson’s disease: This disease attacks the muscles and impairs movement.

Do you suffer from a medical condition caused by Agent Orange? 

While this piece provides some of the problems and conditions attributed to Agent Orange exposure, there are many more that are believed to be caused by these chemicals. If you were exposed to Agent Orange and suffer from health problems of any kind, you may be eligible for veterans disability benefits. At Disability Law Group, our veterans benefits attorneys are here to help you obtain the benefits you deserve. We respect our veterans, and we’re committed to assisting you with every step of the veterans disability benefits process, including appealing your denial to protect your rights.

If you live in Macomb County, Oakland County, Wayne County, or elsewhere in Michigan and suffer from a medical condition that you believe was caused by your exposure to Agent Orange, we’re on your side. At Disability Law Group, disability is all we do. Please contact us as soon as possible for a free consultation.  

Attorney calculating a VA disability rating for a client.

Calculating VA Disability Ratings

A VA disability rating is the percentage that the United States Department of Veterans Affairs assigns for a qualified condition(s) to a veteran. This rating determines the amount of disability benefits a veteran can receive for his or her service-connected condition(s). The percentage assigned to VA disability ratings reflects the severity of the condition.

For example, a 0% VA disability rating is assigned to a condition that may have no effect on a veteran, while a 100% VA disability rating is assigned to a condition that has a significant effect on the veteran or perhaps even render a veteran incapacitated and/or unable to work. 

Below is some information on how VA disability ratings are calculated. If you are a veteran and have additional questions about VA disability ratings, please contact our veteran’s benefits attorneys today. We are certified to represent veterans and assist them with their appeals before the U.S. Department of Veterans Affairs, including before the Board of Veterans Appeals’ Judges. 

How the VA Calculates Disability Ratings

When you submit a disability claim for service-connected disability benefits, the VA makes a determination about the severity of your conditions, individually, based on the information and documentation you submit or that the VA obtains from your military records. VA disability rates range from 0% to 100%.

In addition, you may be paid additional amounts if: 

  • Your disabilities are severe and significantly impact your overall functioning, and ability to work.
  • You are married or have dependents.
  • You have a spouse who is severely disabled.

Combined Ratings for Multiple Disabilities 

If you have more than one disability, the VA calculates a combined disability rating. The algorithm the VA uses to calculate the overall percentage or combined ratings has been notoriously referred to as exceedingly complex and challenging to compute even for practitioners.

In order to combine ratings for more than one disability, the VA takes the following steps: 

  • First, the VA arranges the disabilities by order of severity, starting with the greatest disability and then combines according to the VA’s ratings table.
  • The VA then performs a series of calculations to arrive at a combined value. 
  • Next, this combined value is rounded to the nearest 10%.
  • If there are multiple disabilities to rate, the combined value for the first two disabilities will be determined using the procedure described above.
  • The exact combined value is then combined with the degree of the third disability.
  • The VA then repeats this process for subsequent disabilities and rounds the final number to the nearest 10%, arriving at a final combined disability rating. 

Contact a Michigan Veterans Benefits Attorney

If this seems confusing, don’t fret. With the help of a veterans benefits attorney, you will have no problem compiling and submitting the proper documentation to the VA to determine your veterans’ benefits eligibility, increasing your chances that you will receive the benefits you deserve.

If you are a veteran who suffers from a disability, the skilled veterans benefits attorneys at Disability Law Group want to help you obtain the veterans’ benefits you deserve. 

At Disability Law Group, we appreciate your service to our country, and we’re committed to ensuring that your sacrifice doesn’t go unnoticed. We’ll assist you with every step of the veterans’ disability benefits process, including appealing your denial if necessary and representation before the Board of Veterans’ Affairs.

If you live in Macomb County, Oakland County, Wayne County, or elsewhere in Michigan and suffer from a disabling medical condition, we’re here to help. At Disability Law Group, disability is all we do. Please contact us as soon as possible for a free consultation.