LIVE Q+A with VA Disability Benefits Lawyers! 04.03.24
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- Опубликовано: 26 сен 2024
- ~!This is with the fix from the audio delay issue!~
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Join in our Live VA Disability Q&A Session in which we answer your questions live. We can't get to every single question so we will answer them as they come in. If you have any questions about the VA Disability Benefits process you can ask the question in the comment section when we go live and a little earlier. We are nationwide VA Accredited Disability Lawyers. We can't wait to answer your questions!
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Speaker:
Attorney Ursula Mecabe
Agent Kerry Baker
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Does any one know what is going on with Desert Storm? I was in the gulf with a Navy unit from start to finish. I made supply runs from Bahrain the Iraq. A good two thirds of my trip was next to the oil fires, both going up and coming back. I also got the three shots they are talking about. I talked to the VA and sounds like it's going to be hard to get anything. I'm well over '70 and have had a number of health problems since I came home. Years ago I gave up on a PTSD claim. We had a fire onboard my ship. I was able to get one guy out, but not the other three. It was an oil and plastic fire. The CPO baggage stroage compartment was burning.
After 5 years at the BVA my appeal finally changed to "A judge is reviewing your appeal". Does that mean I am getting close to a decision? Im at 90% and have one appeal for TDIU.
Why is shin cancer not rated during treatment
How do you fight a denial with lack of chronicity? Car wreck military 1998 haven’t really start treatment until 2017 for one year and starting now to go to physical theropy?
Show that no other event caused the issues you have now. You may need an expert nexus letter.
I'm a gulf war veteran. I have been denied for back pain joint pain, and headaches. Should I stop putting in for these claims if the va going to keep denieding me.
No. Maybe try to find an advocate. Gulf war is complicated…
Don't give up. You're taking about your benefits for serving this country. The process might b stressful but my fellow veteran don't give up
The VA called me in for a mental health check up. I have not had one in 6 months. Do you think they are coming for my mental health rating of 70%?
Have you not been maintaining treatment? I would think at 70%, you would be seeing a psychiatrist routinely, and then they wouldn't need a check-up because you have treatment notes they could look at.
Unless your P&T VA will schedule you for reevaluation…
I am 30% SC mental health for major depression and anxiety - at that time, I never mentioned my MST. My situation has gotten progressively worse- should I apply for
1. An increase to mental health and new claim for PTSD MST (diagnosed by my private psychologist) or
2. Just go for a MH increase with all of my evidence since it’s all lumped together
Go for increase. But you have to tell them about your MST to be properly rated. 🙏🏾
Go for the increase without mention of why. It’s all rated the same.
@@ursula079 yes they are rated the same (mental health) but with you not mentioning your MST as a stressor and your private psychologist diagnosis you maybe granted a higher rating.
@@kdknowles40 there is case law on symptoms stemming from a different etiology. The important thing is whether the symptoms of the service connected disability can be separated from the non service connected disability.
If the symptoms can’t be separated, the etiology doesn’t matter.
Plus trying to prove an MST stressor takes an emotional toll that may not need to be undertaken.
I had a claim denied in 1997. I have new evidence can I submit a supplemental claim.
Yes, you absolutely can.
@@ursula079 You have one year after denial. It will have to be a new claim.
@@MH-il1lk no, of the claim was previously denied, you need to file an 0995 - supplemental claim. New claims (va form 526) are for issues that have never been filed or claims for an increased rating.
@@ursula079 Every attorney and VA rep have told me and stated you have up to a year from a denied claim to file an appeal. After that year, it's a new claim.
@@MH-il1lk I’m the attorney in this video. With AMA, if you were preciously denied you need to file an 0995. It is considered a “reopened claim” and requires new and relevant evidence. Only new issues or increased rating claim need a 526 for a “new claim”.
In a case like this, the effective date will be the date of the 0995, but it’s still the form you need to file/
reading their illiterate incoherent rating decisions are not very helpful