My vso told me that exposure to jet fuel was not a presumed for the pact act. I know it is for burn pits but, not exposure due to cross contamination with ships water systems.
Correct. Pact act does not establish a presumption of jet fuel exposure and linked diseases. Ships water systems are also not included (although this could happen in the future). Hope that helps! Good luck.
the pact act was intentionally left vague, its has some for sure stuff but then it says at the end :and other toxins. Leaving the doors open for whatever. I was turned down for years until I hired a law firm to put all the right words together along with nexus to win. A vso or consultant wouldnt have done this, they would have only filed paperwork not do the hard research and game planning to win. I claim exposure from toxic water and jet fuel and there are cases of winning from it, I dont know if its from the pact act and I dont care as long as there's a win at the end.
From my exp a vso was a big waste of time, he talked a good game at 1st but once the ball started he came up missing & had a bad attitude if I asked questions. To me vsc's are ok if the claim is simple and cut and dry but if your case has twists and turns you need a lawyer to navigate the treacherous VA waters
Hard to disagree with this. Certainly some VSOs are capable in every way, and most seem well-intended, but that old adage that "you get what you pay for" is alive and well.
Most attorneys will only take a case once an initial decision is issued. This makes sense as there’s no dispute yet. Generally attorneys become involved involved once a dispute is present. On occasion, attorneys will file initial claims. This is a long winded way of saying you are probably better off asking a VSO for assistance with an initial filing. All the best!
Hi. The VA receipted my Intent to File in Oct. 2023. I plan to file my original claim in 2024. I have my military medical and training records and my DD-214. I am just waiting for a couple of more medical examinations from my private doctors. Based on the numerous comments I have read from veterans, I anticipate my claim to be denied. My claim relates to the late manifestation of injuries associated with direct toxic exposure from spray painting with Chemical Agent Resistant Coating (CARC) paint in 1982 while I was stationed in Germany. I sent a FOIA request to the Army Research Laboratory for the contents of the version of CARC I used, and they sent me the Military Specifications document which reveals the contents contained hexavalent chromium, lead, and other hazardous chemicals and solvents. My superiors never provided me with any personal protective equipment such as respirators, gloves, goggles, etc. I believe that I will be needing professional legal assistant to appeal the denial, and I might also need medical subject matter experts relating to my injuries specific to the chemicals I was directly exposed to. Does this sound like something your firm handles? Some people (non-legal) have told me that too much time has gone by. Thank you.
This is a loaded scenario. We recommend calling our office to discuss: (844) 838-5297. There's so many variables at play it's hard to give you a specific "best way forward" answer. Typically, in cases such as this, we like to argue multiple alternative theories of service connection. For example, maybe it was from the CARC exposure, or maybe it was from PFAS exposure at a US base, or maybe it was from asbestos exposure, etc. You argue any and all plausible arguments and let the Judge pick the strongest argument. You are correct that the VA will very likely deny service connection at the outset. These claims can be difficult. If you are dealing with a systemic condition (cancer, autoimmune, renal, liver, heart, kidney, parkinsons, etc.), you have a decent argument available to you with toxic exposures. If it's a joint or nerve condition, the argument becomes difficult. Definitely don't miss the 1-year deadline. Even if you give the VA all the evidence available, the VA will still try to obtain the evidence themselves. This will inevitably drag out the case. With this in mind, I would file the claim sooner than later. As a law firm, we will only get involved once a denial is actually issued. this is because there's no legal issue if the VA grants the benefit on the first application. I hope this helps. All the best!
What are the contingency fee? What are your success metrics on claims? I have a number of VA issues and I am at Veterans Appeal level on 2 claims and have other claims that have been denied but I still have impacts, I have sent all my medical records to VSO and VA, what different actions will you take to proceed with my case?
It's hard to tell you exactly what our attorneys would do in your case without a comprehensive review of your case. However, typically most cases we seek medical expert opinions and exams. We also procure and submit hundreds of medical journals and legal briefs in most cases. In our experience merely sending records doesn't usually do much. You need to connect the dots legally and demonstrate a causative link or that your condition is worse than the VA is compensating you for with a completed DBQ. You can also submit symptom logs and sworn statements. These are the things a competent advocate should be considering. Legal contingency fees are determined on a case by case basis. They are usually between 20% and 33%. Ethics rules prohibit attorneys from describing success rates; however, we are one of the more active firms in the nation handling VA claims at the administrative and Federal Court level. Don't hesitate to reach out 844 838 5297. At a minimum we can probably provide helpful insight. Good luck!
i have 2x 100% and would like to make the scheduler P&T, is that something an attorney would handle? 80% hearing, 70% PTSD, 20% Type II diab, 10% hypertension and 10% tinnitus, with VA math totalling 96% connected > 100%. my other 100% is prostate cancer and the VA does a C&P every 6 months looking for a way to cut the award. Is P&T even a possibility? I have been told by VSO the prostate cancer and the PTSD will never qualify for P&T rating status?
We are assuming your PTSD isn't static? Here's some insight that might be helpful: If you have heart, skin or upper/lower extremity neuropathy caused by diabetes, definitely claim it. The prostate cancer cannot be static by law. They must reevaluate you. However, once they do that if you have urinary leakage that requires absorbent padding that must be changed out more than 5 times per day, you may receive a 60% for the prostate cancer residuals. That alone would push you to 100% with your other conditions. Here's a link to the voiding dysfunction residuals attributable to prostate cancer: www.law.cornell.edu/cfr/text/38/4.115a If you have a future PTSD exam, you should be very careful to document the severity of your mental health symptoms with symptom logs (vadisabilitygroup.com/symptom-logs/), psychiatric treatment, and buddy statements. Good luck!
Are you guys located in the nyc boro area.......im a vet 4 combat tours....infantry and military police...burn pits were so bad it would look foggy on the base...we had to burn it all to include dodo yup...could u imagine burning dodo for so many people lol you got used to it tho after a while... But yeah looking to start the process
Four combat tours is exceedingly rare. Thank you for your heroic efforts. As you pointedly explain, the burn pits are quite disturbing. We are not in NYC area, however, in VA law attorneys represent veterans worldwide. Typically attorney involvement begins following a decision. Give us a call so we can see where you are in the claims process. At a minimum, perhaps we could provide some insight in filing your initial claims.
If you have a current 80% evaluation, your secondary conditions can definitely push you to 100% under the right circumstances. For example, if you have diabetes rated at 20%, the secondary neuropathy, hypertension, heart disease and ocular conditions can push you to 100% overall. It's complicated question that would require a more detailed review, but the short answer is yes. Generally, in order to be eligible for TDIU you must have an overall evaluation of 70% with one condition at 40% or you must have a single condition evaluated at 60%. And additionally, your service connected condition(s) must render you incapable of maintaining substantially gainful employment. Hope that helps!
Give our office a call at 844 838 5297 or submit a query on our website (see description). We will definitely take a look at your case to see if we can assist. At a minimum, we usually try to provide some substantive insight.
My vso told me that exposure to jet fuel was not a presumed for the pact act. I know it is for burn pits but, not exposure due to cross contamination with ships water systems.
Correct. Pact act does not establish a presumption of jet fuel exposure and linked diseases. Ships water systems are also not included (although this could happen in the future).
Hope that helps! Good luck.
the pact act was intentionally left vague, its has some for sure stuff but then it says at the end :and other toxins. Leaving the doors open for whatever. I was turned down for years until I hired a law firm to put all the right words together along with nexus to win. A vso or consultant wouldnt have done this, they would have only filed paperwork not do the hard research and game planning to win. I claim exposure from toxic water and jet fuel and there are cases of winning from it, I dont know if its from the pact act and I dont care as long as there's a win at the end.
From my exp a vso was a big waste of time, he talked a good game at 1st but once the ball started he came up missing & had a bad attitude if I asked questions. To me vsc's are ok if the claim is simple and cut and dry but if your case has twists and turns you need a lawyer to navigate the treacherous VA waters
Hard to disagree with this. Certainly some VSOs are capable in every way, and most seem well-intended, but that old adage that "you get what you pay for" is alive and well.
Awesome video and very informative!
Thank you for the positive comment!
Should I use a VSO or an attorney to file a new claim and see can I get my other benefits boosted up?
Most attorneys will only take a case once an initial decision is issued. This makes sense as there’s no dispute yet. Generally attorneys become involved involved once a dispute is present.
On occasion, attorneys will file initial claims.
This is a long winded way of saying you are probably better off asking a VSO for assistance with an initial filing.
All the best!
@@VADisabilityGroup Thank you
Hi. The VA receipted my Intent to File in Oct. 2023. I plan to file my original claim in 2024. I have my military medical and training records and my DD-214. I am just waiting for a couple of more medical examinations from my private doctors. Based on the numerous comments I have read from veterans, I anticipate my claim to be denied. My claim relates to the late manifestation of injuries associated with direct toxic exposure from spray painting with Chemical Agent Resistant Coating (CARC) paint in 1982 while I was stationed in Germany. I sent a FOIA request to the Army Research Laboratory for the contents of the version of CARC I used, and they sent me the Military Specifications document which reveals the contents contained hexavalent chromium, lead, and other hazardous chemicals and solvents. My superiors never provided me with any personal protective equipment such as respirators, gloves, goggles, etc. I believe that I will be needing professional legal assistant to appeal the denial, and I might also need medical subject matter experts relating to my injuries specific to the chemicals I was directly exposed to. Does this sound like something your firm handles? Some people (non-legal) have told me that too much time has gone by. Thank you.
This is a loaded scenario. We recommend calling our office to discuss: (844) 838-5297. There's so many variables at play it's hard to give you a specific "best way forward" answer. Typically, in cases such as this, we like to argue multiple alternative theories of service connection. For example, maybe it was from the CARC exposure, or maybe it was from PFAS exposure at a US base, or maybe it was from asbestos exposure, etc. You argue any and all plausible arguments and let the Judge pick the strongest argument.
You are correct that the VA will very likely deny service connection at the outset. These claims can be difficult.
If you are dealing with a systemic condition (cancer, autoimmune, renal, liver, heart, kidney, parkinsons, etc.), you have a decent argument available to you with toxic exposures. If it's a joint or nerve condition, the argument becomes difficult.
Definitely don't miss the 1-year deadline. Even if you give the VA all the evidence available, the VA will still try to obtain the evidence themselves. This will inevitably drag out the case. With this in mind, I would file the claim sooner than later.
As a law firm, we will only get involved once a denial is actually issued. this is because there's no legal issue if the VA grants the benefit on the first application.
I hope this helps. All the best!
@@VADisabilityGroup Thank you very much for the response. Once I am ready to file, I will contact your office.
What are the contingency fee? What are your success metrics on claims?
I have a number of VA issues and I am at Veterans Appeal level on 2 claims and have other claims that have been denied but I still have impacts, I have sent all my medical records to VSO and VA, what different actions will you take to proceed with my case?
It's hard to tell you exactly what our attorneys would do in your case without a comprehensive review of your case. However, typically most cases we seek medical expert opinions and exams. We also procure and submit hundreds of medical journals and legal briefs in most cases. In our experience merely sending records doesn't usually do much. You need to connect the dots legally and demonstrate a causative link or that your condition is worse than the VA is compensating you for with a completed DBQ. You can also submit symptom logs and sworn statements. These are the things a competent advocate should be considering.
Legal contingency fees are determined on a case by case basis. They are usually between 20% and 33%. Ethics rules prohibit attorneys from describing success rates; however, we are one of the more active firms in the nation handling VA claims at the administrative and Federal Court level.
Don't hesitate to reach out 844 838 5297. At a minimum we can probably provide helpful insight.
Good luck!
i have 2x 100% and would like to make the scheduler P&T, is that something an attorney would handle? 80% hearing, 70% PTSD, 20% Type II diab, 10% hypertension and 10% tinnitus, with VA math totalling 96% connected > 100%. my other 100% is prostate cancer and the VA does a C&P every 6 months looking for a way to cut the award. Is P&T even a possibility? I have been told by VSO the prostate cancer and the PTSD will never qualify for P&T rating status?
We are assuming your PTSD isn't static? Here's some insight that might be helpful:
If you have heart, skin or upper/lower extremity neuropathy caused by diabetes, definitely claim it.
The prostate cancer cannot be static by law. They must reevaluate you. However, once they do that if you have urinary leakage that requires absorbent padding that must be changed out more than 5 times per day, you may receive a 60% for the prostate cancer residuals. That alone would push you to 100% with your other conditions. Here's a link to the voiding dysfunction residuals attributable to prostate cancer: www.law.cornell.edu/cfr/text/38/4.115a
If you have a future PTSD exam, you should be very careful to document the severity of your mental health symptoms with symptom logs (vadisabilitygroup.com/symptom-logs/), psychiatric treatment, and buddy statements.
Good luck!
Are you guys located in the nyc boro area.......im a vet 4 combat tours....infantry and military police...burn pits were so bad it would look foggy on the base...we had to burn it all to include dodo yup...could u imagine burning dodo for so many people lol you got used to it tho after a while...
But yeah looking to start the process
Four combat tours is exceedingly rare. Thank you for your heroic efforts. As you pointedly explain, the burn pits are quite disturbing.
We are not in NYC area, however, in VA law attorneys represent veterans worldwide.
Typically attorney involvement begins following a decision. Give us a call so we can see where you are in the claims process. At a minimum, perhaps we could provide some insight in filing your initial claims.
If im 80% can i get 100% from secondary conditions or tdiu with 1 claim 50%
If you have a current 80% evaluation, your secondary conditions can definitely push you to 100% under the right circumstances. For example, if you have diabetes rated at 20%, the secondary neuropathy, hypertension, heart disease and ocular conditions can push you to 100% overall. It's complicated question that would require a more detailed review, but the short answer is yes.
Generally, in order to be eligible for TDIU you must have an overall evaluation of 70% with one condition at 40% or you must have a single condition evaluated at 60%. And additionally, your service connected condition(s) must render you incapable of maintaining substantially gainful employment.
Hope that helps!
Can you guys help me I believe you get 20
Percent of payout
Give our office a call at 844 838 5297 or submit a query on our website (see description). We will definitely take a look at your case to see if we can assist. At a minimum, we usually try to provide some substantive insight.
Ya
Some VSOs a poorly trained.