1-800-700-4174
Recent Blog Posts
Why Your VA Claim for a Medical Nexus Opinion Might Get Denied and What You Can Do About It
Have you invested time, money, and energy into securing a VA medical nexus opinion only to hit the wall of a denied claim? You're not alone. While a medical nexus opinion can be a crucial piece of evidence in substantiating your claim, it's not a foolproof ticket to approval. Unfortunately, many veterans find themselves in this frustrating position. Understanding why denials happen and what you can do about them can be empowering and may ultimately lead to a successful claim.
In this blog, we'll dive into why your claim might get denied even if you have a supportive medical nexus opinion and provide actionable steps to take afterward.
Reasons Why You May Be Denied
The VA Didn't See Your Nexus Opinion
Believe it or not, one of the most common reasons for denial is that the VA simply didn’t see your medical nexus opinion. With the sheer volume of paperwork involved in claims processing, crucial documents can get buried, misplaced, or lumped together with other records. To check if this might be the case, review your VA rating decision carefully and look for the 'Evidence' section. If your nexus opinion is not listed, it’s likely that the VA missed it.
Higher-Level Review Informal Conferences: Why They May No Longer Be Worth Your Time
Higher-level review informal conferences were once a beacon of hope for veterans seeking a quicker and more direct resolution for their VA claims. However, as with many systems designed to aid large volumes of people, what once might have been effective can evolve into something less efficient. In today's blog, we'll explore why higher-level review informal conferences have become less effective and why you might consider other methods for appealing your VA claim. This insight comes straight from our most recent episode.
The Changing Face of Higher-Level Review Informal Conferences
Earlier this year I was an avid supporter of higher-level review informal conferences. These conferences provided a quick and often favorable way to settle a case. However, perspective has shifted over recent months due to several glaring issues plaguing this process.
Understanding the Higher-Level Review Process
The higher-level review process is one of three appeal tracks available to veterans who disagree with their VA decision. This option is designed for a more senior adjudicator to review the case without any new evidence being submitted, focusing on errors in law or factual inaccuracies. To initiate this process, VA form 20-0996 needs to be filed, and there's an option to request an informal conference by checking the appropriate box.
The PACT Act: Debunking Myths for Veterans
The PACT Act was touted as a monumental stride in aiding veterans who have encountered toxic exposure during their service. But there's a significant gap in the veteran community's understanding of how the PACT Act functions, leading to numerous misconceptions about the claim process. This widespread confusion has unfortunately resulted in many veterans facing denial when they file their PACT Act claims. Welcome to VA Made Easy. I'm Ed Farmer, a VA accredited attorney and a US Army combat veteran. Today's discussion centers around dispelling three prevalent myths about the PACT Act. If your claim has been denied, visit me at vetlawoffice.com for a free consultation where we offer comprehensive support, including guidance on CMP exams and detailed legal assistance.
Understanding the PACT Act
Let's delve straight into the most common misconceptions about the PACT Act:
Navigating Your VA CMP Exam: Top 5 Tips for Success
When it comes to VA disability claims, a pivotal step in the process is the Compensation and Pension (CMP) exam. This assessment can significantly influence the outcome of your claim, determining the VA benefits you might receive. In this blog, we'll break down five essential tips to help you navigate your CMP exam successfully.
Understand the Scope of Your Exam
First and foremost, it's vital to know what specific condition the exam is addressing. Whether it's for one disability or multiple conditions you've claimed, being clear about the focus of the examination helps you prepare adequately. Ed Farmer, a seasoned VA disability appeals attorney, emphasizes that knowing this detail is fundamental. "If you don't know what disability is being examined, how can you prepare?" Ed advises.
Proactively inquire from the examiners' call or by contacting third-party contractors like QTc or LHI. Veterans with VA representatives can also get this information through the VA's electronic filing system. This foundational knowledge sets the stage for a prepared and confident consultation with your examiner.
Boost Your VA Disability Rating: Top Claims to Consider
Are you looking to boost your VA disability rating but unsure what additional conditions you might be able to claim?
Let's look at the four key claims that could significantly boost your VA disability claim: mental health conditions, sleep apnea, migraines, and total disability based on individual unemployability (TDIU). Together, these claims can make a substantial difference in receiving the compensation you deserve.
Mental Health Conditions: A Significant Rating Boost
Mental health issues such as depression are prevalent among veterans, especially those dealing with various physical ailments. If you're finding it challenging to engage in activities you once enjoyed, struggling at work, or unable to take care of your family like you used to, you may consider filing a claim for depression secondary to your other service-connected conditions.
Navigating Your VA Compensation and Pension Exam: Tips to Avoid Common Pitfalls
Do you have a VA Compensation and Pension (C&P) exam on the horizon? Are you feeling unsure about how to prepare or what to say? A well-informed representative can help guide you through the process and avoid common missteps.
1. Don’t Miss Your Exam
Missing your C&P exam without a valid reason can seriously hurt your claim, often leading to a denial. If you know you can’t make the appointment, contact the contractor who scheduled it and explain your situation. Request to reschedule as soon as possible. Early communication can prevent the need for a lengthy appeal process. The only time missing an exam should be considered is after a detailed conversation with a VA-accredited representative.
2. Don’t Stay Silent
Many veterans believe their comments won’t affect the outcome, but this couldn’t be further from the truth. VA examiners play a significant role in your case, and the VA heavily weighs their opinions. This is your chance to share your story. Explain why you believe your condition is service-connected and discuss any evidence you’ve submitted. Don’t assume the examiner has thoroughly reviewed your file—this is your moment to ensure they understand your situation.
Injured on Duty? Here's How to Establish a Service Connection with the VA
Did you know there are five different ways to establish a service connection for your VA disability claim? Whether you're just beginning the process or have been navigating the VA benefits system for some time, understanding these methods can significantly impact your chances of getting the benefits you deserve.
Let's break down the five key methods for establishing a service connection.
Direct Service Connection
This is the most straightforward method for claiming VA disability benefits. It involves three main elements:
- Current Disability: You must have a medical diagnosis of a current disability.
- In-Service Disease, Event, or Injury: Evidence is required to show that your disability is linked to an event, disease, or injury that happened during your military service.
- Medical Nexus: A medical professional must provide a nexus opinion that connects your current disability to the in-service occurrence.
Understanding VA Presumptives and the Three New Conditions on the List
The Department of Veterans Affairs (VA) is continually evolving to better cater to the needs of our nation's veterans, particularly when it comes to understanding and compensating for service-related health issues. In line with this commitment, the VA has added three new conditions to the presumptive list, which can significantly affect your VA disability claim. In this blog, we will dive into these new additions, the framework of legal presumptions under the PACT Act, and how you can leverage these changes to bolster your disability claim.
What is a Legal Presumption?
A legal presumption is a rule or law that allows the VA to assume specific facts without requiring extensive evidence. The PACT Act introduces two significant legal presumptions critical for veterans filing disability claims: the presumption of exposure and the presumption of service connection.
Understanding Ulcerative Colitis VA Rating
Ulcerative colitis (UC) is a chronic condition marked by inflammation of the colon and rectum, leading to the formation of ulcers in the digestive tract. Mayo Clinic - Ulcerative Colitis. This disease, part of the broader category of inflammatory bowel diseases (IBD), is known to affect millions globally, including many military veterans. CDC - Inflammatory Bowel Disease (IBD). UC can severely disrupt daily life due to symptoms like abdominal discomfort, diarrhea, rectal bleeding, and significant weight loss. For veterans, the disease's unpredictable flare-ups and potential for severe malnutrition pose unique challenges, often impacting their ability to work and perform daily tasks.
The Department of Veterans Affairs (VA) recognizes the profound effect UC can have on former service members. It's vital for veterans to understand how the VA assesses UC when determining disability benefits. This evaluation includes a thorough review of the veteran's medical history, symptom severity, and the overall impact on their health and functionality. Treatment strategies, the process for establishing a connection between military service and the onset of UC, and guidelines for appealing denied claims are also critical components of this assessment. This blog aims to provide a comprehensive overview of these aspects, offering insights into both the medical and administrative processes involved in managing UC as a veteran.
Navigating Flat Feet VA Rating: Your Complete Guide
Pes Planus, commonly known as flat feet, is a condition that affects the arch of the foot, causing it to collapse and the entire sole to make contact with the ground. While flat feet can occur naturally, it can also be a common condition among veterans due to military service. Veterans who are experiencing symptoms of flat feet may be eligible for VA disability benefits. In this blog, we will explore the VA benefits available for pes planus, understand the VA rating system for flat feet, and discuss secondary conditions that can be linked to this condition.
Understanding VA Rating for Pes Planus (Flat Feet)
When it comes to determining the level of disability and the corresponding compensation, the VA uses the VA disability rating schedule, also known as the diagnostic code. This rating system evaluates the functional impairment caused by pes planus and assigns a disability rating from 0 to 100 percent. The rating takes into account the severity of the condition, the impact on mobility and daily activities, and any secondary conditions that may arise as a result of flat feet. By understanding the VA rating system, veterans can better navigate the process of seeking disability benefits for pes planus.
NAPERVILLE OFFICE
1755 Park St., #200
Naperville, IL 60563
By Appointment Only
P 1-800-700-4174
CHICAGO OFFICE
150 S. Wacker Dr., #2400
Chicago, IL 60606
By Appointment Only
P 1-800-700-4174
1755 Park St., #200
Naperville, IL 60563
1-800-700-4174
