🎖️ VALOR

Not the Life We Wanted: An Inclusion Body Myositis Documentary

This documentary highlights the struggles of veterans living with Inclusion Body Myositis (IBM), a rare, debilitating muscle-wasting disease. Veterans like Jim and Augie share their journeys from diagnosis to battling the VA for disability benefits. Despite clear links between their illness and military service, many have been denied support for years.

Not the Life We Wanted reveals the physical and emotional toll of IBM and the veterans' fight for recognition and benefits, offering hope for those affected and insight into their ongoing battle for justice.

Attention: Were You or a Loved One Injured in Iraq or Afghanistan?

If you or a family member served in Iraq or Afghanistan between 2003-2017 and were injured by a sniper, rocket mortar, IED, or EFP, you may be entitled to compensation. Injuries could include loss of limb, eyesight, corrective surgeries, shrapnel or burns, traumatic brain injuries, or other blast-related wounds.

Don't wait—these injuries deserve justice. Contact our team to learn more about your options for compensation and to get the help you need.

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

⚖️ EXPERTS

Navigating VA Appeals: Why Legal Representation Could Be Your Best Move 

The VA disability claims process can be overwhelming, and when your initial claim is denied, the thought of navigating an appeal might seem daunting. However, understanding the appeals process and the benefits of seeking legal representation can make all the difference in securing the benefits you’ve earned. In this article, we’ll explore why hiring a VA lawyer during the appeals process is not only worth it but could be essential to your success. 

Understanding the Complexity of the VA Appeals Process 

Appealing a VA disability claim denial is not as simple as resubmitting your claim. The process involves strict deadlines, complex paperwork, and a deep understanding of VA law. The Board of Veterans' Appeals (BVA) process is a multi-stage process that conducts a completely new review of the entire case without deference to the VBA decision and looks at the evidentiary records from the time of the initial decision. They review the law for each section of the claim and review the evidence and processes from beginning to end. 

Overwhelming VA Terminology and Processes 

The VA system is riddled with jargon and specific terminologies that can easily trip up even the most diligent veteran. Missing a single word or misinterpreting a phrase can result in a denial. This complexity is one reason why many veterans find themselves frustrated and overwhelmed when they try to manage the appeals process without expert help. 

Real-Life Example: Navy veteran Stephanie Ahumada experienced this firsthand. Despite chronic pain and service-related conditions, her claims were repeatedly dismissed because she didn’t know the exact language the VA required. It wasn’t until she sought legal help that her case was finally recognized for what it was. 

Deadlines and Procedures 

Time is a critical factor when dealing with VA appeals. The VA sets strict deadlines for submitting evidence, filing appeals, and responding to requests. Missing a deadline, even by a day, can result in the loss of your right to appeal. This procedural maze is another reason why veterans often find themselves in need of legal assistance. 

Real-Life Example: Air Force veteran Malcolm Harrison found out the hard way how easy it is to miss a deadline. Without fully understanding the VA’s procedural nuances, he let his appeal process lapse, putting his benefits at risk. With legal representation, he was able to get back on track and secure the benefits he deserved. 

Common Errors and the Importance of Legal Representation 

It’s not a matter of if the VA system will make a mistake—it’s a matter of when. These errors can have serious consequences for veterans and their families, from incorrect benefit payments to outright denials of legitimate claims. 

• Technical Errors: In 2023, a technical glitch affected nearly 56,000 veterans, disrupting their dependency status updates and causing overpayments and underpayments. 

• Income Verification Discrepancies: Another issue in 2023 saw nearly 9,900 veterans overpaid due to income verification discrepancies, with thousands more potentially facing unestablished pension debts. 

Without legal representation, veterans can find themselves bearing the burden of these errors, struggling to navigate the system to correct mistakes that weren’t their fault. 

Real-Life Example: U.S. Air Force veteran Mark Hupcey faced immense challenges due to a clerical error during his service. It wasn’t until he sought legal help that the situation began to improve, illustrating the critical role that legal representation can play in rectifying VA errors. 

Why You Can’t Afford to Navigate the Appeals Process Alone 

When your benefits, health, and future are on the line, navigating the VA appeals process alone can be a costly mistake. Legal representation provides you with the expertise needed to handle the VA’s complex system, ensuring that your appeal is given the attention and care it deserves. 

Expertise That Changes the Game 

In 2023, the BVA increased its decision-writing attorneys by 16%, a clear indication of the growing complexity of VA appeals. Having an experienced legal team on your side ensures that your case is handled with precision, minimizing the risk of errors and maximizing your chances of a successful appeal. 

Experience You Can Trust 

The BVA’s attorney workforce has become more stable, with a 7.4% attrition rate in 2023. This means your case is more likely to be handled by experienced professionals who understand the ins and outs of VA law. Their commitment to seeing your appeal through to the end can be the difference between a successful claim and a frustrating denial. 

The Practical Benefits of Hiring a VA Lawyer 

Hiring a VA lawyer isn’t just about increasing your chances of success; it’s about regaining control over your life and your future. A lawyer can navigate the complex legal landscape for you, ensuring that you avoid common pitfalls and procedural errors that could derail your appeal. 

• Peace of Mind: Your lawyer handles the complex and confusing parts of your appeal, freeing you from endless paperwork and legal jargon. 

• Better Outcomes: Lawyers understand the VA’s legal maze, ensuring that your appeal is submitted correctly and on time. 

• Investing in Your Future: The benefits you secure through a successful appeal can provide financial stability and crucial medical care, offering long-term peace of mind for you and your family. 

Real-Life Example: Vietnam veteran Frank Chappell praised his legal team’s expertise, stating, “[their] knowledge of how the VA functions... I’ve never gotten any bad advice ever.” His experience underscores the value of having skilled legal representation during the appeals process. 

The VA appeals process is complex and often overwhelming, but you don’t have to face it alone. Hiring a VA lawyer can significantly increase your chances of success, ensuring that your appeal is handled with the care and precision it deserves. 

Want to watch all of the Veterans stories mentioned in the article above and more? Check them out below.

🦅SUPPORT

Please Note: On October 2nd, 2024 at 1400 Hours, we’re hosting a livestream about DIC and only our current newsletter subscribers get to ask questions!

We’ll send out special instructions with the weekly newsletter next week on how to join Kerry Baker and Attorney Ursula Mecabe for a special targeted livestream on Dependency & Indemnity Compensation (DIC) benefits. While it will be an open livestream for the public like always, only our newsletter subscribers will be able to ask questions and comment!

For today’s livestream, as always, please click the button below to join!

🗺️ TACTICS

One Veteran’s Victory in Securing a 50% VA Disability Rating for Adjustment Disorder with Mixed Anxiety and Depressed Mood

Note: All identifying info has been changed to protect the identity of the client.

Summary of Claim

A veteran who served on active duty from January 1980 to January 1984 and from December 1984 to August 1987 successfully secured an increased disability rating for an adjustment disorder with mixed anxiety and depressed mood secondary to chronic pain and physical disability. Initially, the veteran was granted a 30% disability rating, but upon appeal and the presentation of compelling medical evidence, the veteran was awarded a 50% disability rating. 

The Outcome

The Board of Veterans' Appeals (BVA) granted the veteran a 50% disability rating for an adjustment disorder with mixed anxiety and depressed mood secondary to chronic pain and physical disability. This decision was based on substantial evidence that demonstrated the veteran’s condition caused significant occupational and social impairment, consistent with the criteria required for a 50% rating under VA’s diagnostic code for mental disorders. 

Why Was This Claim Successful?

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

• Consistent Medical Evidence: The veteran’s medical records and VA examination reports consistently documented symptoms such as depression, anxiety, panic attacks, suicidal thoughts, social avoidance, and impaired memory. These symptoms were indicative of a greater level of disability than initially recognized, supporting the need for a higher rating. 

• VA Examinations: VA examinations conducted in January 2003 and May 2007 provided detailed accounts of the veteran’s symptoms and their impact on his daily life. The January 2003 examination revealed serious symptoms, including suicidal ideation and sleep impairment, while the May 2007 examination noted ongoing depression, social avoidance, and mild memory impairment. The Global Assessment of Functioning (GAF) scores assigned during these examinations further supported the claim for a higher rating, with scores ranging from 50 (serious symptoms) to 60 (moderate symptoms). 

• Credible Testimony: The veteran and his wife provided compelling testimony at a videoconference hearing in August 2008, detailing the veteran’s struggles with anxiety, depression, social isolation, and other symptoms. This testimony played a crucial role in the Board’s decision to increase the veteran’s disability rating. 

Additional Insights

This case highlights the importance of thorough and consistent medical documentation when seeking an increased VA disability rating for mental health conditions. The veteran’s ability to provide detailed evidence of his symptoms and their impact on his life was instrumental in demonstrating the severity of his condition. 

Tips from the Legal Team

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

Tip #1: Document All Symptoms Thoroughly

Ensure that all symptoms of your condition are well-documented by medical professionals. In this case, the veteran’s detailed medical records were key to securing a higher rating. 

Tip #2: Attend Regular Medical Evaluations

Regular medical evaluations can help track the progression of your condition and provide the necessary evidence to support an increased rating. 

Tip #3: Provide Credible Testimony

Personal testimony from you and your family members can provide valuable insight into how your condition affects your daily life. Make sure your testimony is detailed and consistent with your medical records. 

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.