Do you have LESS THAN 365 days from Separation or are within 365 days post separation from Active Duty?
This is a very time sensitive period to develop the necessary medical evidence to develop strategic solutions for your Primary Service Commented conditions. Too often, unrecognized potential claims and previously undiagnosed foundational conditions must be captured here. All of these foundational claims must be fully developed and supported with the appropriate lab, diagnostic test, or formal diagnosis NO LATER THAN 365 days AFTER DISCHARGE to qualify as valid medical evidence.
One of the most common and most costly situations veterans find themselves in is the realization that their medical file does NOT contain the necessary documentation needed to support all of their valid disability claims.
Too often while on Active Duty, we don't recognize the obstacles we will be facing post-discharge:
- 1. During past deployments, unit medics simply treated an injury and failed to document the treatment in the medical records.
- 2. Medical records may have been lost during a PCS/move between duty stations (very common before the 2005 shift to electronic medical records).
- 3. Military medical providers ARE NOT worried about properly documenting your medical encounter to support a future disability claim. Many providers simply treat your symptoms and record minimal documentation in your medical record.
- 4. The vast majority of military & civilian medical providers are not experts in pathophysiology and very few consider possible medical conditions that their patients are NOT currently complaining of.(nor are they considering your future disability claim)
- 5. The most common factor is the veteran's failure to seek medical treatment due to concerns surrounding the negative impact they will have for seeking treatment. There may be concerns about being unable to deploy and getting passed over for advancement (i.e. active duty soldier postpones shoulder surgery because he knows he won't be able to deploy with his unit during the 9 month recovery) or concerns about the loss of flight status or loss of security clearance if PTSD is reported, etc. Others fail to report Military Sexual Trauma (MST) due to concerns about retaliation or embarrassment/ridicule.
You certainly DESERVE to be compensated for any legitimate disability that's attributable to your active duty service; UNFORTUNATELY you are only legally ENTITLED to compensation for disabilities that are appropriately documented.
GREATER THAN 365 days from Separation from Active Duty?
We will also review your records to determine whether potential claims based on lay statements or civilian records might be available to you.
We will help you receive all of the VA disability benefits you're entitled to - right up to the limit, not a penny more, not a penny less.
PTSD and Mental Health Claims
Many veterans have some type of PTSD or mental health related symptoms related to their active duty military service. PTSD and mental health claims are high-value claims, which vary from 0% to 100%, depending upon the severity of your symptoms.
We have a proven process to diagnose the condition, service connect the in-service stressor to your current symptoms, and prove the severity of symptoms over time to get you the rating you deserve.
Many veterans don't know how to properly file a claim for Sleep Apnea or Obstructive Sleep Apnea (OSA) to be granted service connection as well as the proper disability rating. We can help you file a successful claim for Sleep Apnea or Obstructive Sleep Apnea (OSA).
Lifestyle Impact Claim
The Lifestyle Impact Claim is a high-value secondary claim that many veterans are eligible for due to other service connected disabilities of varying degrees of ratings or intensity. It is one that is rarely acknowledged by the VA regional office, but it provides additional compensation to veterans for the impact their current service connected disability is having on their overall lifestyle, whether that impact is social, recreational, or vocational. Our clients typically receive 30%, 50%, or 70% for just this one claim alone. To qualify for a Lifestyle Impact Claim, you must have a primary service connected disability rated 0% or higher, and that primary disability must be significantly affecting your life in a negative way. We can help you establish a claim for both the disability and its impact on your lifestyle.
Total Disability Individual Unemployability
Total Disability Individual Unemployability (TDIU) is a part of the VA's disability compensation program that allows the VA to pay certain veterans disability compensation at the 100% rate, even though the VA has not rated their service-connected disabilities at the total level.
To qualify, you must have at least one service connected disability rated at least at 60%, OR two or more service connected disabilities at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.
You must be unable to maintain substantially gainful employment as a result of service-connected disabilities (marginal employment, such as odd jobs, is not considered substantial gainful employment for VA purposes).
Vietnam & Agent Orange
It's important to know that agent orange is environmental exposure and it's not a claimable disability. You can only file for the disability that results from the exposure to the herbicide. If you've already filed claims related to agent orange exposure, there is a good chance that you've missed some or all of the secondary conditions.
This is another case where VSOs who don't understand pathophysiology and pharmacology (drug interactions, side effects and the problems they cause) can overlook a lot of potential claims. We dramatically increase the value of most of our veteran's claims because we can identify conditions and their connections to agent orange exposure that most VSOs will miss.
A prominent condition affecting Gulf War Veterans is a cluster of medically unexplained chronic symptoms that can include fatigue, headaches, joint pain, indigestion, insomnia, dizziness, respiratory disorders, and memory problems.
The VA refers to these illnesses as "chronic multisymptomatic illness" and "undiagnosed illnesses." But they really mean Gulf War Syndrome.
If you served in the middle east from 1990 to PRESENT day, we may be able to help you file a successful claim for Gulf War Syndrome.
The Veterans Guardian VA Claims Consulting team has experience filing EVERY SINGLE disability claim listed in the eCFR, Title 38, Schedule 4, Schedule for Rating Disabilities. Please contact us if you need help filing or re-filing your VA disability claim. We are veterans helping veterans get the VA disability compensation YOU!
Veterans Guardian VA Claim Consulting takes all the risk up front leveraging our capability as we NEVER charge any Medical-Legal Consulting Fees unless you receive a benefit from our services.