Common VA Disability Claims
Veterans Disability Practice Areas
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Total disability due to individual unemployability (TDIU or IU) is a benefit that may be awarded to veterans with service-connected disabilities that prevent them from working. Veterans who are granted TDIU are compensated at the 100% disability rate. Generally, to qualify for TDIU, you must be unable to work as a result of your service-connected disabilities. However, there are a few exceptions…
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A veteran must establish service connection to be entitled to VA disability compensation benefits. If a qualifying veteran has an injury or condition related to their service, VA will compensate the veteran based on the degree of their disability. VA’s disability compensation is a tax-free monthly monetary benefit. Generally, to establish a claim for service connection, the evidence must establish the following three elements: (1) the veteran must have a current diagnosed disability; (2) there must have been an in-service event, occurrence, or symptoms; and (3) there must be a medical nexus or link/connection between the current disability and service.
A disability is current if it manifests while the claim is pending. However, a condition that resolves before submission of a claim is not considered a “current” condition. An in-service event refers to the onset of disease, injury, or aggravation of a pre-active duty condition, while in the line of duty in the active military, naval, air, or space service. Finally, the nexus is a connection between the current disability and the in-service event.
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Posttraumatic Stress Disorder (PTSD) has been known by many names: “shell shock” during World War I and “Combat Stress Reaction” (CSR), also known as “battle fatigue” after World War II. See VA: History of PTSD. PTSD is a mental health condition that may develop due to having experienced or witnessed a traumatic event, a series of events, or a set of circumstances. Individuals with PTSD may experience symptoms such as reliving the traumatic event through flashbacks or nightmares; feelings of sadness, fear, or anger; feelings of estrangement or detachment from others; and uncontrollable thoughts about the event. While PTSD is not exclusive to veterans, VA reports that an estimated 7 out of every 100 veterans will experience PTSD during their lifetime. See VA: How Common is PTSD in Veterans.
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Veterans often suffer from psychiatric conditions other than PTSD, as a result of their time in service. Other mental conditions may include: schizophrenia; generalized anxiety disorder; bipolar disorder; major depressive disorder; unspecified depressive disorder; and chronic adjustment disorder. VA will also award disability compensation benefits for these diagnoses. However, the applicable law and required evidence often differs from what is needed when focused on a PTSD diagnosis. Our firm has years of experience assisting veterans in obtaining benefits for psychiatric conditions other than PTSD.
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Traumatic Brain Injuries (TBI) are caused by events that deliver a blow or jolt to your head. According to VA, between 2000 and 2017, the Department of Defense reported over 375,000 diagnosed cases of TBI among members of the U.S. armed forces around the world. A TBI can affect your cognitive and physical functioning, your behaviors, and more. Common residual symptoms include: headaches; blurred vision; hearing problems; difficulty speaking; dizziness; changes in your sense of taste or smell; difficulty concentrating and remembering things; and repeating yourself.
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Orthopedic conditions incurred in service, or resulting from a service-connected condition, can be service-connected for VA disability compensation benefits purposes. These are rated under the musculoskeletal system schedule for ratings found in 38 C.F.R. § 4.71a.
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