🎖️ VALOR

PTSD Claims for Combat and Non-Combat Veterans

In this video, Senior Attorney Shannon Brewer explains how veterans can service-connect PTSD, whether from combat or non-combat-related trauma. She highlights that PTSD is not exclusive to combat veterans—any veteran who experienced trauma during service may qualify for benefits. 

For combat veterans, Shannon discusses how the VA simplifies proof requirements, allowing a veteran’s statement to confirm an in-service traumatic event, provided certain conditions are met. She also addresses qualifications for the presumption and the importance of consistency. 

Non-combat veterans aren’t left out—trauma from service, including personal assault or fear of hostile military activity, can still qualify as a stressor under VA guidelines. Watch now to learn more about securing the benefits you’ve earned.  

⚖️ EXPERTS

The Benefits of an Independent Medical Examination (IME) for VA Claims  

Filing a VA disability claim often involves attending a Compensation and Pension (C&P) exam, an essential step in the evaluation process. However, veterans are increasingly turning to Independent Medical Evaluations (IMEs) to strengthen their claims and ensure fair treatment. While IMEs can be costly, their benefits can significantly outweigh the expense, particularly for veterans facing unfavorable or incomplete C&P results. 

In this article, we’ll explore the differences between C&P exams and IMEs, who evaluates the medical evidence, and why obtaining an IME can be a game-changer for your VA disability claim. 

What is a C&P Exam? 

A C&P exam is conducted by a VA-employed or contracted medical professional to assess the severity of a veteran’s disability, determine its connection to military service, and provide evidence for the VA’s decision-making process. This exam is critical, as failing to attend could result in a denied claim, even if other medical evidence exists. 

However, C&P exams are often criticized for being rushed, biased, or incomplete. This is partly because the examiner is paid by the VA, creating a potential conflict of interest. Additionally, the examiner may not always be a fully qualified physician; nurse practitioners, physician assistants, or clinicians may conduct these exams, depending on the VA’s discretion. 

What Sets an IME Apart from a C&P Exam? 

Unlike C&P exams, IMEs are conducted by independent physicians who are not affiliated with the VA. These physicians are typically selected for their expertise in the veteran’s specific condition and are trained to prepare reports that meet VA standards. 

Key Differences: 

• Independence: IME physicians have no vested interest in the VA’s decision, ensuring an unbiased evaluation. 

• Specialization: IME doctors are often specialists in the condition they evaluate, such as orthopedists for spinal injuries or cardiologists for heart conditions. Their expertise adds significant weight to their findings. 

• Comprehensive Reporting: IME reports include detailed narratives supported by medical evidence, lay statements, and the physician’s credentials. These reports use VA-specific language to address service connection and disability severity, making them highly effective. 

How Medical Evidence is Evaluated 

Once the C&P exam or IME is complete, the results are reviewed by a VA Regional Office (RO) employee, who is not a medical professional. This individual determines the weight of the medical opinions provided and decides which evidence is most probative. Typically: 

• Specialists’ opinions carry more weight than those from general practitioners. 

• Physicians’ opinions outweigh those of nurse practitioners or physician assistants. 

Unfortunately, the VA’s reliance on internal C&P examiners often creates a bias, making IMEs a valuable counterbalance. Including the physician’s Curriculum Vitae (CV) with the IME submission is crucial, as it highlights the doctor’s qualifications, experience, and expertise, often tipping the scale in the veteran’s favor. 

The Advantages of an IME 

An IME offers several key benefits that can strengthen your VA disability claim: 

• Unbiased Evaluation: IME physicians have no connection to the VA, ensuring their opinions are impartial and based solely on medical evidence. 

• Expert Opinions: IME doctors are often leaders in their fields, with published research, teaching experience, and extensive training. Their specialized knowledge carries significant weight in the VA’s decision-making process. 

• Detailed Reporting: IME reports are crafted to align with VA requirements, addressing service connection, disability severity, and progression over time. This level of detail can counteract negative C&P findings. 

• Strong Supporting Evidence: IME reports are accompanied by the physician’s CV, showcasing their qualifications. This added layer of credibility often outshines the generic credentials of C&P examiners. IME reports also refer to medical literature to support their findings. 

When Should You Consider an IME? 

Veterans should consider an IME in the following situations: 

• Negative or Incomplete C&P Results: If your C&P exam doesn’t adequately address your condition or includes errors, an IME can provide a more accurate assessment. 

• Specialized Conditions: For complex or rare conditions, an IME from a specialist can provide the expertise needed to support your claim. 

• Secondary Conditions: If your claim involves conditions secondary to an already service-connected disability, an IME can strengthen the link between the conditions. 

Maximizing Your IME’s Impact 

To ensure your IME carries the weight it deserves, follow these steps: 

1. Work with an Experienced Representative: A VA-accredited attorney or advocate can guide you through the process and help select the right physician for your IME. 

2. Provide Comprehensive Documentation: Share all relevant medical records, service records, and lay statements with the IME physician to ensure their report is thorough. 

3. Submit the CV: Always include the physician’s CV with the IME report to highlight their expertise and qualifications. 

While C&P exams are a standard part of the VA claims process, they are not always reliable. An Independent Medical Examination (IME) offers an invaluable opportunity to present unbiased, expert evidence to support your claim. Whether you’re facing a denial or simply want to strengthen your case, an IME can provide the critical edge needed to secure the benefits you deserve. 

If you’re navigating the VA disability process and need assistance with an IME or other aspects of your claim, don’t hesitate to reach out to a trusted VA-accredited representative. With the right support and evidence, you can take control of your VA disability claim and achieve a fair outcome. 

🦅SUPPORT

Attention: Join us today at 1400 hours EST for a new livestream with our legal team!

Join us to get your questions about VA disability law and the claims process answered by our legal team. Comments open 30 minutes prior to the Livestream starting, so get there early to get your question in. We try to answer as many as we can!

Were You Exposed to “Forever Chemicals” in Your Water Supply?

PFAS, also known as “forever chemicals,” are synthetic substances widely used in firefighting foams, water-resistant products, and industrial applications. These chemicals have been found in dangerously high concentrations in some water supplies, including on or near military bases. Learn if your military base was impacted using our Toxic Exposure Map.

Exposure to PFAS has been linked to severe health conditions, such as:

• Testicular Cancer

• Kidney Cancer

• Ulcerative Colitis

• Liver Cancer

If you or a loved one lived or worked in areas with PFAS contamination and have been diagnosed with any of these conditions, you may qualify for compensation.

Act now. Contact us today at (855) 494-1298 to learn more about your options or to begin your claim. You’ve served your country; let us serve you.

🗺️ TACTICS

Gulf War Veteran’s Success in Securing Service Connection for Arthritis and Other Disabilities

Note: All identifying details have been changed to protect privacy. This case is based on examples from the BVA database.

A Gulf War veteran with active service from May 1976 to September 2000 sought service connection for several disabilities, including a lumbosacral strain, bilateral pes planus, degenerative arthritis with instability of both knees, and tinnitus. These conditions stemmed from in-service injuries and long-term strain during his military duties. His case underscores the importance of detailed medical records, credible testimony, and understanding VA regulations.  

The Outcome

In this case, the Board of Veterans' Appeals (BVA) granted the following: 

• Lumbosacral Strain: Service connection was established based on credible evidence of in-service injury and consistent reports of back pain since service. 

• Bilateral Pes Planus: Service connection was granted due to medical records documenting flat feet during service and ongoing symptoms. 

• Degenerative Arthritis with Instability of Both Knees: Both knees were granted service connection based on in-service diagnoses and worsening conditions. 

• Tinnitus: Service connection was granted for tinnitus linked to in-service noise exposure from aircraft and artillery. 

Granted: 

• Service connection for lumbosacral strain. 

• Service connection for bilateral pes planus. 

• Service connection for degenerative arthritis with instability of both knees. 

• Service connection for tinnitus. 

Why Was This Decision Made? 

• Detailed Medical Evidence: Service treatment records documented back pain, flat feet, and knee injuries during service. VA and private medical records confirmed ongoing symptoms and diagnoses consistent with the claimed conditions. Providing evidence that a condition which began during service has continued to the present day is critical. 

• Credible Veteran Testimony: During the Board hearing, the veteran provided detailed accounts of in-service injuries, including a back injury while jumping from a truck and knee pain from prolonged activity. He also described persistent tinnitus from noise exposure during service. Credible Veteran testimony can also come from written statements submitted as evidence. 

• Favorable VA Examinations: VA examinations confirmed current diagnoses and provided medical opinions linking these conditions to service. For the knees, radiographic evidence of arthritis and instability supported the claims. 

•  VA Regulations Applied: The veteran’s consistent reports of symptoms, combined with service records, satisfied the requirements for service connection under VA guidelines. 

Key Factors in the Decision 

Lumbosacral Strain: The veteran’s back pain began after an injury during service and was documented in service records. Credible testimony and post-service medical records supported the claim. 

Bilateral Pes Planus: The veteran’s flat feet were diagnosed in service and treated with inserts. Post-service records confirmed ongoing pain and worsening symptoms. 

Degenerative Arthritis of the Knees: Service records documented knee injuries and degenerative changes during service. VA examinations confirmed the arthritis and instability were linked to military duties. 

Tinnitus: Noise exposure during service, combined with the veteran’s consistent reports of ringing in the ears, led to a favorable decision for tinnitus. 

Takeaway for Veterans 

This case highlights the importance of: 

• Documenting symptoms during and after service. 

• Providing detailed, consistent testimony. 

• Leveraging VA examinations and medical opinions. 

If you’re struggling to secure VA benefits for service-connected disabilities, consider seeking assistance from a trusted representative or legal advocate to strengthen your case. 

Contact us at (855) 494-1298 or visit our website for a free case evaluation. Let us help you get the benefits you’ve earned!