🎖️ VALOR

Breaking Through VA Barriers: A Veteran's Story

Malcolm Harrison, a U.S. Air Force veteran who served from 1984 to 1992, encountered frustrating roadblocks when attempting to claim his VA benefits. From missed deadlines to overwhelming paperwork, Malcolm's experience mirrors the struggles of many veterans. But through determination and the proper guidance, Malcolm finally found a path to the benefits he deserved.

In this video, discover how Malcolm overcame the complexities of the VA system and learn how you can navigate the VA maze with confidence.

Attention: Have You or a Loved One Had Complications from a BARD Power Port?

If you or a family member received a BARD Power Port (often used for long-term IV treatments like chemotherapy) and suffered from device breakage, infection, blood clots, or migration of the device within the body, you may be entitled to compensation.

Don't wait—these complications can be serious. Our experts are here to help you fight for the justice you deserve.

Call us at (855) 494-1298 to learn more.

⚖️ EXPERTS

Ensuring Your Loved Ones Are Cared for After Service with DIC Benefits 

When a veteran passes away, their family’s financial security can be a significant concern. This is where Dependency and Indemnity Compensation (DIC) benefits come into play. DIC is a tax-free monetary benefit provided by the Department of Veterans Affairs (VA) to eligible survivors of service members who died in the line of duty or veterans whose death resulted from a service-connected disability.  

Understanding DIC benefits is crucial for ensuring that your loved ones are supported after your service. This article will break down the essentials of DIC benefits, highlight key eligibility criteria, and offer tips on navigating the application process. 

What Are DIC Benefits and Who Is Eligible? 

DIC benefits are designed to provide financial support to surviving spouses, children, and sometimes parents of veterans who died due to a service-connected injury or illness. But who exactly qualifies, and what do these benefits cover? 

Eligibility Criteria for DIC Benefits: 

• Surviving Spouse: To qualify, a surviving spouse must have been married to the veteran for at least one year or had a child with the veteran. The marriage must have occurred before or during the veteran’s time of service if the veteran passed away during service. 

• Surviving Children: Children may qualify if they are unmarried and under the age of 18, or between 18 and 23 if attending school. Certain disabled adult children may also be eligible. 

• Surviving Parents: In some cases, parents of veterans may be eligible for a different type of DIC benefit if they meet specific income requirements. 

It’s essential to understand that DIC benefits are not automatic; survivors must apply and provide the necessary documentation to prove eligibility. 

Why DIC Benefits Matter: Providing Financial Security 

The loss of a loved one is devastating, and the financial impact can be overwhelming. DIC benefits offer critical financial support, helping families cover living expenses, healthcare costs, and other essentials. These benefits can make a significant difference, especially when combined with other survivor benefits, such as Social Security or the Survivor Benefit Plan (SBP). 

Key Components of DIC Benefits: 

• Monthly Compensation: Survivors receive a monthly payment, which can be adjusted based on cost-of-living increases. This payment is intended to replace the financial support that the veteran would have provided. 

• Additional Allowances: In some cases, survivors may receive additional allowances for dependent children, disabilities that require aid and attendance, or if the surviving spouse is housebound. 

Navigating the Application Process: Tips for Success 

Applying for DIC benefits can be complex but understanding the process and knowing what to expect can make it more manageable. Here are some tips to help ensure a smooth application process: 

Tip #1: Gather All Necessary Documentation Early 

Collecting the required documentation is critical. This includes the veteran’s death certificate, marriage certificate, service records, and any evidence that links the veteran’s death to their service-connected disability. 

Tip #2: Understand the Importance of Service Connection 

If the veteran’s death was not initially recognized as service-connected, you might need to provide medical records, expert opinions, or other evidence to establish a connection. This step is crucial for eligibility. 

Tip #3: Consider Seeking Assistance from a VA-Accredited Representative 

Navigating the VA claims process can be daunting. A VA-accredited representative or attorney can help ensure your application is complete and correctly filed, increasing your chances of a successful outcome. 

Tip #4: Be Prepared for the Appeals Process 

If your application is denied, don’t give up. You have the right to appeal the decision. Many survivors successfully obtain DIC benefits after an appeal, particularly if they can provide additional evidence or clarify their eligibility. 

Recent Changes to DIC Benefits: What You Need to Know 

DIC benefits have seen some changes in recent years, particularly in how they are processed and calculated. It’s essential to stay informed about these changes to ensure you’re receiving the correct benefits. 

• Cost-of-Living Adjustments: DIC rates are periodically adjusted to reflect changes in the cost of living, ensuring that the support provided keeps pace with inflation. 

• Clarifications on Processing: The VA has clarified certain aspects of the DIC application process to make it more transparent and easier for survivors to navigate. 

DIC benefits are a vital resource for survivors of veterans, providing much-needed financial stability during a difficult time. By understanding the eligibility criteria, gathering the necessary documentation, and seeking assistance when needed, you can help ensure that your loved ones receive the support they deserve. 

🦅SUPPORT

We’re back with another VA Disability Law trivia question this week! Test your knowledge, and we’ll dive into the details in next week’s newsletter.

But first, let’s revisit last week’s question: What is the purpose of a supplemental claim? The correct answer was (B) To reopen a VA disability claim with new and relevant evidence. Well done to the 80% of you who got it right!

A supplemental claim is a powerful tool that allows veterans to provide new evidence to support their disability claim, potentially changing the outcome in their favor. It’s an important part of the appeals process, and understanding it can make all the difference.

Ready for this week’s trivia challenge? We’re eager to see how you do!

🗺️ TACTICS

One Veteran’s Success in Securing a 60% VA Rating for Coronary Artery Disease 

Note: All identifying info is fictitious to protect the identity of the client.

Summary of Claim

A veteran who initially received a noncompensable (0%) rating for coronary artery disease (CAD) with arteriosclerosis successfully secured a 60% disability rating after presenting new medical evidence that demonstrated the true severity of his condition.  

The Outcome

After reviewing the veteran’s new medical evidence, the Board of Veterans' Appeals (BVA) granted an increased disability rating of 60% for coronary artery disease, effective from October 19, 2010. This decision was based on the veteran’s ejection fraction findings and METs levels, which clearly demonstrated a significant impact on his daily life and overall health. 

Why Was This Claim Successful?

The success of this claim was due to several key factors: 

• Ejection Fraction Findings: On October 19, 2010, a VA echocardiogram revealed that the veteran’s ejection fraction was 45 +/- 5 percent. This crucial finding aligned with the criteria for a 60% disability rating under the VA’s diagnostic code for coronary artery disease, which requires an ejection fraction between 30% and 50%. This evidence was instrumental in demonstrating the severity of the veteran’s condition. 

• 2004 CT Scan: Initially, the veteran’s post-service medical records, including an August 2004 VA CT scan, only showed generalized arteriosclerosis without specific evidence of coronary artery disease. However, the new echocardiogram findings provided the necessary medical evidence to secure a higher rating. 

• December 2010 Nuclear Radiology Consultation: The veteran’s MET level was measured at 4.8 METs during a December 2010 nuclear radiology consultation. This finding further supported the case for a higher rating by showing the physical limitations caused by his heart condition, specifically in activities requiring moderate exertion. 

• January 2012 VA Heart Examination: The veteran’s METs level was assessed at >3-5 METs, consistent with activities such as light yard work or brisk walking. This examination also confirmed ongoing symptoms, including dyspnea, dizziness, fatigue, and occasional syncope, which were critical in maintaining the 60% rating. 

Additional Insights

This case emphasizes the importance of providing comprehensive and up-to-date medical evidence when seeking an increased VA disability rating. Diagnostic tests like echocardiograms and METs assessments can be pivotal in demonstrating the true impact of a condition on a veteran’s life. 

Tips from the Legal Team

Here’s a few thoughts from the team about this case.

Tip #1: Update Your Medical Records Regularly 

Ensure that your medical records are current and include all relevant diagnostic tests. Regularly updated records can provide the evidence needed to secure a higher rating, as seen in this case. 

Tip #2: Highlight Key Diagnostic Findings 

Specific diagnostic findings, such as ejection fraction percentages and METs levels, can be decisive in determining your VA disability rating. Make sure these findings are prominently featured in your claim. 

Tip #3: Document Symptom Progression 

Keep a detailed record of how your symptoms have progressed over time. In this case, the veteran’s documented symptoms of dyspnea, dizziness, and fatigue were vital in demonstrating the worsening of his condition, leading to an increased rating. 

If you're facing challenges in securing the VA benefits you deserve, or if you believe your current disability rating does not accurately reflect your condition, we're here to help. Call us at (855) 494-1298.