Veterans suffering from severe PTSD are often assigned a 50 or 70 percent rating, as the criteria for a 100 percent rating is a very high bar. However, if a Veteran is unable to work, or maintain employment due to their service-connected PTSD, the VA must consider entitlement to individual unemployability (TDIU). Where a Veteran is determined to be unemployable (and meets certain ratings thresholds) due to the symptoms of their PTSD or another disabling condition, they will receive VA benefits at the 100 percent rate. If you receive PTSD benefits and cannot hold a job, call (504) 235 4075 to ensure you’re awarded full TDIU benefits.
Our office has recently achieved service-connection for multiple veterans based on personal assault and other forms of harassment caused by race-based enmity. Fortunately for the veterans, as they had been fighting the VA sometimes for decades to demonstrate the effect of race and country-of-origin discrimination, they were awarded significant back benefits as part of their awards. Continue reading “VA Benefits Awarded Based on Race-Based Assaults and Harassment”
The VA healthcare system provides much-needed access to medical care for millions of Veterans each year. Although the majority of VA healthcare professionals are mission-focused and provide quality care to the Veterans they serve, the titanic size of the VA healthcare system permits negligent and sometimes even willful practitioners to repeatedly harm Veterans due to a lack of oversight and accountability at certain VA medical facilities. As demonstrated in the linked Washington Post article, incompetent and/or impaired practitioners not properly supervised or whose adverse events are not monitored in systematic fashion can harm or kill large numbers of patients at a single VA medical facility.
Please click the link below to access the full article…
In 2018, we posted a blog entry addressing that, well over a decade past Hurricane Katrina, Veterans’ claims were still hampered by mistakes made by local VA offices in the months and years following the disaster. The prior post discussed that Louisiana Veterans who filed claims between 2005 and 2012, or those whose claims were in the evidentiary phase at the New Orleans Regional Office, faced myriad problems including unadjudicated claims, ratings mistakes, and failure to retain and consider medical records, examinations and lay statements, among other issues. Continue reading “Louisiana Widow Prevails At the CAVC on Katrina-Era VA Mistake”
A recent memorandum decision by Judge Hagel serves as a reminder to Veterans that forwarding a favorable disability finding by the Social Security Administration is no “slam dunk” for a finding of unemployability/TDIU. Veterans that submit SSA decision letters on their own miss the crucial opportunity to explain at the outset that while an SSA finding may reference several conditions that—in the aggregate—render the Veteran disabled; the Veteran’s service-connected conditions, even considered alone, render the Veteran unemployable. Continue reading “Unrepresented Veterans Beware: SSA Disability Determinations Do Not Guarantee Unemployability Findings By the VA”
Prostate cancer is one of the most common cause of cancer-related deaths. The VA considers prostate cancer as “presumptively related” to Agent Orange exposure, so that any Veteran who served in Vietnam will have their prostate cancer service-connected for disability purposes. Continue reading “Prostate Cancer and Vietnam-Era Service: What Widows Should Know”
Studies of young U.S. veterans show that the probability of having obstructive sleep apnea (OSA) grew with the increasing severity of post-traumatic stress disorder (PTSD) symptoms. OSA is often seen in older Veterans whose long-term PTSD or other service-connected disabilities caused increased weight gain, a common cause and/or aggravating factor of OSA. Continue reading “Veterans’ High Rates of Sleep Apnea Linked to PTSD”
Veterans who are discharged under Conditions Other Than Honorable often face considerable difficulty earning VA Benefits. Veterans with such discharges will often receive medical care at a VA medical center, and may have a PTSD or other mental health diagnosis directly related to combat service. Those Veterans are oftentimes befuddled and frustrated when the VA denies their service connection claim despite the confirmed combat stressor and current PTSD diagnosis by a VA provider. Continue reading “How Vets with “Bad Paper” Can Still Win PTSD Benefits”
When a married Veteran dies due to a condition related to their military service, their surviving spouse (and sometimes their children) is eligible to receive DIC- a monthly payment from the VA for the remainder of their lives. However, where Veterans were exposed to Agent Orange decades ago, yet were only recently diagnosed with cancer, survivors are often unaware of the fact that they may be owed DIC payments from the VA. Continue reading “What Surviving Spouses of Agent Orange-Exposed Veterans Need to Know”
VA Medical Centers provide care to more patients than any other single provider in the United States. Due to the large number of physicians and medical specialists employed by the VA, the VA sometimes fails to obtain a patient’s informed consent prior to performing a proposed medical procedure. Continue reading “Informed Consent: Did Your VA Medical Provider Warn You of the Risks?”
Many Veterans returning from Iraq and Afghanistan have suffered unexplained symptoms of shortness of breath. Until recently, those symptoms were denied by the VA, as oftentimes Pulmonary Function Testing (“PFTs”) for those Veterans returned “normal” results. Recently, however, lung biopsies taken from Veterans have linked constrictive bronchiolitis directly to exposure to burn pits, toxic air and debris, and repeated exposure to sandstorms. Please click the link below to access the full video…