Under 38 C.F.R. § 4.129, when a Veteran is released from service due to a mental health condition caused by a highly stressful event, the VA is required to assign an evaluation of no less than 50 percent; and the Veteran must be examined within 6 months of discharge. Veterans initially rated under § 4.129 should retain an attorney if they are notified the VA seeks reconsideration, i.e., a reduction/elimination of the rating, as the VA has that ability under certain circumstances.
Author: Mike Sepanik
TBI: What Recently Discharged Veterans Need to Know
Traumatic Brain Injury is an injury to the brain from external force, and it is a common condition among Veterans returning from Iraq and Afghanistan. 65% of blast-exposed patients from Operation Enduring Freedom and Operation Iraqi Freedom have been diagnosed with a brain injury. Continue reading “TBI: What Recently Discharged Veterans Need to Know”
Veterans Tip: Protect Your Earliest Effective Date
You may or may not have an attorney representing you before the VA. If you are unrepresented, the greatest obstacle you face is preserving the earliest effective date possible for your claim for service connection. An earlier effective date can translate into a Veteran being awarded years, or sometimes even decades, of back benefits. Continue reading “Veterans Tip: Protect Your Earliest Effective Date”
Asbestos Exposure in Iraq
Recently discharged Veterans have many health concerns, including PTSD, burn pit exposure, traumatic brain injury, and limb loss, among others. One health issue for those who served in Iraq is the potential exposure to asbestos when older buildings were damaged and the contaminant released into the air. As mesothelioma and other asbestos health issues often take decades to appear, Iraq Veterans need to advise all future medical providers that they may have been exposed to asbestos during service, so that all proper testing and diagnosis are provided.
Louisiana Veterans and Asbestos Exposure
Veterans who served on ships know more about asbestos products than most. Louisiana Veterans not only faced potential asbestos exposure while in the military, but also following discharge. Many Veterans, especially those in Southeast Louisiana, were employed at shipyards, in pipefitting, carpentry, insulation work, demolition of old buildings, or other types of construction and manufacturing. Continue reading “Louisiana Veterans and Asbestos Exposure”
VA Medical Malpractice: 1151 Claims
When VA medical providers commit malpractice and seriously injure a Veteran, Section 1151 provides benefits to compensate the Veteran. There are two theories that may be asserted. Continue reading “VA Medical Malpractice: 1151 Claims”
Veterans Tip: Set Your Medical Records Straight
On occasion, VA physicians and medical staff make mistakes when drafting their notes. Veterans have the right to request amendments to any information in their health record. Continue reading “Veterans Tip: Set Your Medical Records Straight”