Can VA Disability Compensation Be Used
to Calculate Child Support or Income?
Veterans' disability benefits are compensation
for the veteran's impaired earning capacity and are intended
to "provide reasonable and adequate compensation for
disabled veterans and their families." They are not
supposed to be for the sole support of the veteran, but
can be counted in child support calculations to provide
for the veteran's dependents as well. If the veteran wasn't disabled, he would be earning an income upon which the
court would base child support; since disability benefits replace that income, child support can be based upon it.
Should I file a claim?
Potential VA claims?
What am I missing in the VA claims process?
Best way to check on a supplemental claim online?
Confused on what to do with claim.
Dependent status with education benefits.
Suing the VA for negligence and malpractice.
Why You Need An IMO!
Accuracy of Claims Decisions Involving
The OIG determined that VBA incorrectly
processed more than half
of the 62,500 veterans’ claims.
You've Arrived at the VAWatchdog Dot Org!
Welcome Home
We've been keeping veterans informed of news and events important to them since 2005.
You'll find all you need to file your claim and referrals to professionals who can help you when things don't go well.
What you won't find here is unending chat or opinions from strangers who like to think of themselves as experts.
Our goal is to ensure that you are awarded the benefits you earned with your service to our country.
We're here to help you take charge of your benefits, and that is all.
Extra schedular ratings under
How can I get an extra schedular rating?
To receive an extra schedular rating the veteran
must first show that the veteran’s
conditions result in a disability picture
that is not covered by the schedule of ratings.
C&P Service Clinician’s Guide
Scheduled For A C & P??? Filing A Claim?
This is a must read for you!!!
I've been posting this again and again over the years
and it's still one of the best ways I know to win
your case. Published in 2002 the principles and much of
the verbiage still applies and is in daily use at the VA.
Veterans' Diseases Associated with Agent Orange
VA assumes that certain diseases can be related to a Veteran's qualifying military service. We call these "presumptive diseases."
VA has recognized certain cancers and other health problems as presumptive diseases associated with exposure to Agent Orange or other herbicides during military service.
Veterans and their survivors may be eligible for benefits for these diseases.
Presumptive Conditions
A "condition", in the language of the VA, is any disease, illness or injury that occurs during active duty military service. To be service connected and eligible for a disability compensation rating, the condition must be caused or contributed to by an event that
occurred during service. If the condition existed prior to service, it must be shown to have been aggravated (made worse) by military service.
To achieve a disability compensation rating, the veteran must prove that he or she had appropriate military service, that an event that caused the claimed condition occurred and that a medically diagnosed condition that is disabling exists today.
The regulations that govern presumptive conditions only eliminate the requirement to prove that an event caused the condition. For example, a Vietnam veteran does not have to prove that agent orange caused the diabetes he has today. It is presumed that he was exposed to agent orange and also that agent orange is at the root of the diabetes.
While agent orange and the Vietnam veteran are the best known of all presumptive conditions and ratings, atomic veterans, certain Korean veterans and other veterans may also be eligible for presumptive ratings of certain conditions.
The regulations are complex. Some veterans who have a Vietnam Service Medal aren't eligible for presumptive ratings because they didn't set their boots on the soil of the country of Vietnam. Many Korean veterans don't realize that they may be eligible for service connections due to exposure to the herbicide agent orange.
If you believe that you may be eligible for any presumptive condition and rating, the best way to find out is to file a VA disability claim. The process of adjudication is the only sure way to know.
Medically Unexplained Chronic Multisymptom Illnesses
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.
VA does not use the term “Gulf War Syndrome” when referring to “medically unexplained chronic multisymptom illnesses” reported by Gulf War Veterans. Symptoms vary widely and therefore, do not meet the definition of a syndrome.
A syndrome is a group of symptoms that usually occur together and characterize a certain disease or abnormal condition. That is why VA uses the term “medically unexplained chronic multisymptom illnesses” instead of “Gulf War Syndrome.”
Gulf War Veterans who meet the criteria below do not need to prove a connection between their military service and medically unexplained chronic multisymptom illnesses in order to receive VA disability compensation. VA presumes certain chronic, unexplained symptoms existing for 6 months or more are related to Gulf War service without regard to cause. These "presumptive" illnesses must have appeared during active duty in the Southwest Asia theater of military operations or by
December 31, 2016, and be at least 10 percent disabling.
These illnesses include:
Chronic fatigue syndrome, a condition of long-term and severe fatigue that is not relieved by rest and is not directly caused by other conditions.
Fibromyalgia, a condition characterized by widespread muscle pain. Other symptoms may include insomnia, morning stiffness, headache, and memory problems.
Functional gastrointestinal disorders, a group of conditions marked by chronic or recurrent symptoms related to any part of the gastrointestinal tract. Functional condition refers to an abnormal function of an organ, without a structural alteration in the tissues.
Examples include irritable bowel syndrome (IBS), functional dyspepsia, and functional abdominal pain syndrome.
Undiagnosed illnesses with symptoms that may include but are not limited to: abnormal weight loss, fatigue, cardiovascular disease, muscle and joint pain, headache, menstrual disorders, neurological and psychological problems, skin conditions, respiratory disorders, and sleep disturbances.
VA’s final rule specifying that functional gastrointestinal disorders are covered as presumptive illnesses took effect on August 15, 2011.
The Law Offices of David Anaise, MD JD
Board Certified Physician/Surgeon Accredited Veterans Law Attorney
Military Veteran
DRO, BVA, CAVC Appeals Nexus Letters Independent Medical Opinions
Has Your Claim Been Denied? Do you need an IMO or a DBQ?
You'll need to speak with an expert physician and then a veterans law attorney.
Why not speak with both at the same time?
(520) 219-7321 Free Case Evaluation (520) 219-7344
Presumptive Veterans Disability Conditions
WHAT IS “PRESUMPTIVE” SERVICE CONNECTION?
VA presumes that specific disabilities diagnosed in certain veterans were caused by their military service. VA does this because of the unique circumstances of their military service. If one of these conditions is diagnosed in a Veteran in one of these groups, VA presumes that the circumstances of his/her service caused the condition, and disability compensation can be awarded.
38 CFR 3.309 - Disease subject to presumptive service connection.
§ 3.309 Disease subject to presumptive service connection.
(a) Chronic diseases. The following diseases shall be granted service connection although not otherwise established as incurred in or aggravated by service if manifested to a compensable degree within the applicable time limits under § 3.307 following service in a period of war or following peacetime service on or after January 1, 1947, provided the rebuttable presumption provisions of § 3.307 are also satisfied.
DISABILITY COMPENSATION “PRESUMPTIVE” DISABILITY BENEFITS
Disabilities determined by VA to be related to your military service can lead to monthly non-taxable compensation, enrollment in the VA health care system, a 10-point hiring preference for federal employment and other important benefits. Ask your VA representative or Veterans Service Organization representative about Disability Compensation, Pension, Health Care, Caregiver Program, Career Services, Educational Assistance, Home Loan Guaranty, Insurance and/or Dependents and Survivors’ Benefits.
Agent Orange
Hodgkin's Disease - A malignant lymphoma (cancer) characterized by progressive enlargement
of the lymph nodes, liver, and spleen, and by progressive anemia
Ischemic Heart Disease - A disease characterized by a reduced supply of
blood to the heart, that leads to chest pain
Multiple Myeloma - A cancer of plasma cells, a type of white blood cell in bone marrow
Non-Hodgkin's Lymphoma - A group of cancers that affect the lymph glands and other lymphatic tissue
The Schedule For Rating Disabilities defines the disabling conditions you're filing claims for
and gives you the details of what your ratings will be if you meet these standards.
To successfully file a disability claim and avoid the appeals trap, learn the rules of how
your condition is rated and coordinate that with your IMO doctor.
A Brief History of Presumptive Disability Decisions for Veterans
Presumptions have played an important role in both the conceptual basis for service connection and the actual administration of the Department of Veterans Affairs (VA) compensation program. Presumptions are used to bridge gaps in scientific and medical knowledge, as well as to resolve complex policy questions and simplify determinations of service connection for VA (VA, 1993a). This chapter offers a brief history of the presumptive disability decisions established for veterans since 1921. It is not intended as a comprehensive or exhaustive account of all presumptive decisions; rather, it provides background on presumptions—it explains how they operate, why they are used, and their role in making disability compensation available to veterans. The chapter focuses on presumptions for health outcomes rather than administrative presumptions. For a comprehensive review of presumptive decisions, the reader is referred to Analysis of Presumptions of Service Connection (VA, 1993a), Presumptions of Service Connection (Zeglin, 2006), VA Disability Compensation Program: Legislative History (Economic Systems Inc., 2004a), and VA Disability Compensation Program: Literature Review (Economic Systems Inc., 2004b).
Agent Orange
Parkinson's Disease - A progressive disorder of the nervous system that affects muscle movement
Peripheral Neuropathy, Early-Onset - A nervous system condition that causes numbness,
tingling, and motor weakness. Under VA's rating regulations, it must be
at least 10 percent disabling within one year of herbicide exposure.
Porphyria Cutanea Tarda - A disorder characterized by liver dysfunction and by thinning and
blistering of the skin in sun-exposed areas. Under VA's rating regulations,
it must be at least 10 percent disabling within one year of exposure to herbicides.
Prostate Cancer - Cancer of the prostate; one of the most common cancers among men
Respiratory Cancers (includes lung cancer) Cancers of the lung, larynx, trachea, and bronchus
Soft Tissue Sarcomas (other than osteosarcoma, chondrosarcoma, Kaposi's sarcoma,
or mesothelioma) A group of different types of cancers in body tissues
such as muscle, fat, blood and lymph vessels, and connective tissues
Agent Orange
AL Amyloidosis - A rare disease caused when an abnormal protein, amyloid, enters tissues or organs
Chronic B-cell Leukemias - A type of cancer which affects white blood cells
Chloracne (or similar acneform disease) A skin condition that occurs soon after exposure
to chemicals and looks like common forms of acne seen in teenagers. Under VA's rating
regulations, it must be at least 10 percent disabling within one year of exposure to herbicides.
Diabetes Mellitus Type 2 A disease characterized by high blood sugar levels
resulting from the body’s inability to respond properly to the hormone insulin
Gulf War Presumptions Gulf War Service
For VA benefit purposes, Gulf War service is active military duty in any of the following areas in the Southwest Asia theater of military operations any time during the first Gulf War starting August 2, 1990 through the current conflict in Iraq.
This includes Veterans who served in Operation Iraqi Freedom (2003-2010) and Operation New Dawn (2010 and continuing).
Iraq, Kuwait, Saudi Arabia, The neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, The United Arab Emirates, Oman, Gulf of Aden, Gulf of Oman, Waters of the Persian Gulf, the Arabian Sea, and the Red Sea & the airspace above these locations.
Craig Bash M.D., MBA
The Veterans Medical Advisor
If you are an honorably discharged veteran, you served your country well and you
earned certain benefits. Sad to say, sometimes it can be difficult for the veteran to obtain the earned benefits guaranteed by law. Veterans need a recognized medical expert who knows the VA system. As a disabled veteran himself and a respected, board certified physician, Dr. Bash fits the need—and adds even further insight as a VA-accredited service organization representative.
Call 925-381-7561 Email drbash@doctor.com
Urgent Care Centers
One of the most important benefits you have today is
the authorization to use an urgent care center
near to you. But first, you have to
to take with you. Don't wait until you need this
benefit to prepare for it. Read this now,
print your papers and be prepared!
Managing Risks and Improving VA Health Care
The Department of Veterans Affairs (VA) has taken
steps to maintain its leadership commitment and develop its action plan, but still needs to demonstrate capacity
and establish metrics to monitor and demonstrate
progress addressing VA health care concerns.
Google Tracks You
and we don't.
DuckDuckGo apps block
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The world needs an alternative
Robert Wilkie <robert.wilkie@va.gov> 855-948-2311
November 19th 2019
How to download VA benefit letters
To receive some benefits, Veterans need
a letter proving their status. Access and
download your VA Benefit Summary Letter (sometimes called a VA award letter) and
other benefit letters and documents online.
The Google IT Support Professional Certificate
The IT Support Professional Certificate, developed by Google and hosted on Coursera, can help you become ready for an entry-level job in IT support in under six months. No experience is necessary.
VA Releases Survivors Quick Start Guide
Reference guide to help during final
arrangements planning
What You Should Know about Disability and Debt
There Are Protections...When it comes to debt collection, disability income enjoys special status.
An IMO by an expert often makes the difference!
Overpayment? VA proposing to claw back
money from your benefits? Submit a Compromise
Offer to the Debt Management Center.
How To File a VA Disability Appeal
You have the right to appeal any benefits decision made by the Veterans Benefits Administration. The VA appeals process is set in law and is different from other judicial appeals processes. Find out how to file an appeal.
Has VA medical care caused you an injury or other harm?
You can sue the VA for medical malpractice but it's a complex process and you'll want lawyers who have
done this successfully in the past. There are strict time limits and draconian regulations to follow.
Get some advice today...call now!
Medical Marijuana Card
Tell the doctor you saw it on VAWatchdog
and ask about veterans discounts!
We get $2,470 a month from Social Security
and want a warm, friendly city near the ocean.
Chronic Pain Is an Impossible Problem
A “safe” alternative to opioid painkillers
turns out to be not so safe.
Jim Strickland is a Vietnam era Army veteran and nationally recognized expert on VA disability benefits
and a member of the Stateside Legal Website Advisory Board. Jim's Mailbag, is a regular column where veterans,
servicemembers, and family members can ask Jim their questions about VA and Social Security disability benefits.
You can browse all of these Q&As here, and search the Jim's Mailbag archives for helpful answers.
Just who do you think you are?
Stats about veterans.
Percent of U.S. adult population who are veterans in 2017, by state
Employment Data for Veterans With Disabilities
Employment Situation of Veterans Summary
Immigrant Veterans in the United States
Demographics of the U.S. Military
Veterans and Military Documents
Military Programs and Benefits
Research A Veteran
Tobacco Use in the Military
Facts on Veterans and Entrepreneurship
American War and Military Operations Casualties: Lists and Statistics
Tinnitus and hearing loss among
Veteran Social Security Beneficiaries
Veteran-Owned Businesses and Their Owners
48 Interesting U.S. Military Facts
The American Veteran Experience and the Post-9/11 Generation
National Center for Veterans Analysis and Statistics - Quick Facts
Global Firepower - 2019 World Military Strength Rankings
Key findings about America’s military veterans
The experiences of post-9/11 veterans differ from
those who served in previous eras. Post-9/11
veterans more likely to have been deployed,
seen combat, experienced emotional trauma
How Do You Apply For Social Security Disability Benefits?
Information on social security disability benefits
Presumptive Benefits...what are they?
When you claim that a disabling condition is caused by military service, you have to prove that allegation.
Or do you?
'How To Lie With Statistics'
Other-than-honorable discharge?
You’re still eligible for VA mental health care
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Get your VA medical records online
Our online tools can help you view, organize,
and share your VA medical records and personal
health information. Find out if you’re eligible
and how to sign in to start using these tools.
Veteran Disability Claims: Nexus and IMO Letters
To meet the nexus requirement, the veteran must have an evaluation by a physician that will establish that the veteran is indeed disabled and also that his disability is as likely as not caused by his military service. There are two methods used to establish such a nexus; one is independent medical examination and the other is independent medical opinion.
Your 2020 Guide to Social Security Benefits
Whether you’re claiming Social Security in 2020, have been collecting benefits for years, or are still decades away, here’s what you need to know about this critically important retirement program.
your disability claim
If you’ve filed a claim for disability compensation, you can continue uploading more evidence for up to one year to support your claim. Evidence may include supporting documents like medical test results, doctor’s reports, and other records. Upload your evidence online now.
Government Accountability Office
Focus Needed to Prevent Disqualified Providers from Delivering
VA launches online patient portal for veterans
The U.S. Department of Veterans Affairs
announced the launch of an online patient portal
this month that will provide service veterans
with digital access to their patient statements.
I did that for years & it's
the best thing ever. Get
into the belly of the beast.
Do You Need
Medical Care
RIGHT NOW?
You are already authorized
to use an urgent
care clinic!
The Schedule For Rating Disabilities
If you're thinking of filing a claim or initiating an appeal of a denied claim, this is your new best friend. The details of exactly what you need to meet a rating are here and in use every day. Yes, it's complex. Yes, it's cumbersome. Yes, knowing how to use The Schedule is a necessity if you want to file a successful claim. Go for it!
Vets being duped by Social Security rumor mill
Owe VA Money???
To Loneliness And Isolation For Seniors
Did you know that hearing loss and tinnitus are the
most commonly rated veterans disabilities? Did you
know that hearing loss and tinnitus can cause
other secondary conditions, particularly mental
health problems like depression and loneliness?
Everything you ever wanted to know about how
the VA benefits system works but were afraid to ask.
Welcome to the
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Disclosure of Certain Protected Records
Without Written Consent - (VA) proposes to amend its regulations on disclosure of certain records. now authorize VA to disclose certain protected records to non-VA
entities (including private entities and other Federal agencies) for purposes of providing health care or performing other health care-related activities or functions.
How to ensure seamless care while traveling
How Divorce, Alimony, and Child Support
Affect Veterans' VA Benefits
VA benefits can be garnished only for spousal
or child support, and only under certain conditions.
How to file a VA disability claim
Find out how to file a claim for disability compensation
or increased disability compensation.
For Better Brain Health, Preserve Your Hearing
Hearing loss is the largest modifiable risk factor for developing dementia, exceeding that of smoking, high blood pressure, lack of exercise and social isolation.
Give veterans more health care options!
Tell your lawmaker
Veterans deserve more choice
Hello Jim...
Can you help me with....
Family Medical Leave Act problems after husband's deployment
Vet being harassed at work
VA doctor malpractice
Child support arrears create hardship
68 year old veteran with cancer
When did the Vietnam era start
Radiation treatment for prostate cancer and now C& P exam
Diabetes claim secondary to OSA
Revisiting child support order
Gulf War veteran behavior found to be willful misconduct
All these and many more answers to your questions can be found at
Why Getting a Diagnosis Matters
A diagnosis does so much more than get noted in your medical history. It also can help you apply for programs like Social Security Disability and medical marijuana cards. And maybe even more importantly, it can help you explain yourself to friends, colleagues and family.
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Is your disability pay fair game in a divorce?
(Yeah, it is...)
The Department of Veterans Affairs (VA) Launchpad
App for Veterans (VA Launchpad) contains select VA applications (apps) for Veterans and their Caregivers.
New apps will automatically appear in the VA Launchpad when they become available. Organizing VA health information and resources into five categories, it quickly accesses and launches the VA app of your choice. With VA Launchpad, VA intends to save you time and help you better integrate available VA apps into your life.
Veterans Who Apply for Social Security Disabled-Worker Benefits After Receiving a Department of Veterans Affairs Rating of “Total Disability” for Service-Connected Impairments: Characteristics and Outcomes
A Few Of The Most Common Processes You Need To Know To DIY Your Claim
Medical Malpractice - Veterans 1151 Claims
VA Malpractice Attorneys Helping Veterans Harmed By The VA
Veterans Healthcare Rights - Federal Tort Claims -
VA Medical Malpractice Claims, Misdiagnosis, Hospital Negligence, Medical Errors
For a review of your VA malpractice case contact our lawyers today. Our firm serves throughout the nation, and is one of the few firms to have specialized experience in VA malpractice cases.
Call Now! (949) 640-8222
Military Records DD 214
Official Military Personnel Files (OMPFs)
Official Personnel Folders (OPF)