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Nabors Law Group, LLC
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Proving VA Disability on migraines often requires lay evidence
VA Disability provides monthly cash payments to veterans who are disabled due to an event that happened during military service. The VA provides a different percentage of disability rating for various conditions. These ratings are combined to make an overall disability rating for the veteran upon which disability payment are computed. Some injuries, such as amputations, allow for easy diagnosis, while other injuries, such as migraines and post traumatic stress disorder, do not have readily identifiable symptoms.
The disability ratings provided to a veteran who Has migraines, depend on the frequency, continuity, and severity of the headaches. Frequency refers to how often a headache develops, e.g. once a week or several times a day. Continually refers to how many years the headaches have found to be present. Severity refers to whether the headache knocks the veteran out for days or is just a slight annoyance,
There is little medical evidence can due to diagnose a migraine. There is no definitive proof of a headache provided by a machine. Lay evidence from family and friends is often useful in proving the frequency, continuity, and severity of headaches. Statements from family and friends that the veteran misses special occasions often due to persistent headaches can be good evidence to prove service connection. Showing that headaches are much more severe and frequent can be the difference between a 10% rating and a 50% rating, and can lead to a significant increase in benefits.
While it is possible for a veteran to compile the needed evidence themselves to prove a higher rating for migraines, hiring an experienced attorney to appeal the case is useful if a veteran has been denied.
For more information on VA disability, visit www.naborstrustlaw.com

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Obtaining VA disability when there is a more recent injury that is not service connected
VA disability provides cash payments to veterans who are disabled due to their military service. To receive VA disability, a veteran must prove three things: 1.That they have a disabling condition due to a disease or injury, 2. That there are current symptoms related to the disability, and 3. That the disability is related to an occurrence during military service. The third prong of the test, called service connection, is frequently that most difficult prong for a veteran to prove. Proving service connection is particularly difficult when there is an injury that is not service connected.
When a veteran makes a claim for VA disability, the VA will look through the veteran’s records to see if there is a more recent cause to the symptoms that occurred after military service, and if the VA finds such a more recent cause, the claim will be denied. We currently are working on a case of a veteran who is claiming disability for back injuries he sustained in his military service in the 1970’s. his problem is that he was involved in a serious ca crash in the 1980’s that also caused issues with his back. The VA has denied his claim saying that his back symptoms are caused by the car crash and not from his military service. We are going to investigate his claims, and there should be evidence to show that the back symptoms existed before the car crash. We will combine medical evaluations shortly after service with statements from family and friends to show that his back injury existed before the crash.
Veterans seeking disability when there is a subsequent event affecting the same body part are advised to request a copy of their claims file from the VA. In that claims file, there are often medical records to support the position that the symptoms were present before the intervening injury.
For more information on VA disability visit: http://www.naborstrustlaw.com

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Veterans should push through the hurdles and obtain VA Disability benefits
Many veterans are entitled to VA disability benefits due to ongoing symptoms from a disability they sustained during service. Even though the receipt of the monthly tax free cash payments would be life changing, many veterans abandon their claim. The veterans do not pursue their claim because of the significant delay and nonsensical denials involved. This frustration is understandable, as the VA has a long wait time and can ask for incomprehensible requests for information.
We encourage veterans to both stay in the fight with the VA and improve their chances of approval through a simple procedure. A VA claim requires three elements: 1. A disability 2.The disability needs to be connected to military service and 3. There are current symptoms of the disability. We often see veterans denied disability benefits because they fail to prove one of the three elements. Often, they have volumes of medical evidence related to the disability, and simply send this information to the VA. They expect the VA to be able to connect the disability to their military service. While this is far from an unreasonable expectation, the VA often fails to make the connection. The veteran needs to point the VA to the specific events during military service that lead to the disability. A similar rejection of a claim occurs where the veteran alleges a disability, connects the disability to service, but fails to show that he has current symptoms of the disability. Without proof of current symptoms, the veteran cannot receive disability payments. This is common when a veteran had a condition, such as kidney stones or prostate cancer, and underwent successful treatment. If there are no residual symptoms, there is no recovery.
While it is possible for a veteran to handle an appeal themselves, iit is often advisable to seek the assistance of an experienced accredited VA attorney. The attorney can provide assistance documenting the evidence needed to support a VA claim, and construct an argument that will raise the chances of approval.

For more information on VA disability, visit http://www.naborstrustlaw.com

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Understanding how ratings for VA disability are combined, 1+1 does not allows equal 2.
VA disability provides monthly cash payments to veterans who have a disability that is connected to their military service. The amount of the monthly payment is determined by a table based on whether the veteran is married, how many dependents the veteran has, and the percentage pf disability rating awarded to the veteran. VA regulations provide differing rating percentages for various types of disabilities. The rating percentages are based on the VA’s determination of to what extent a disability will hinder the average veteran in securing ;employment, and not on the individual employability of the veteran.
A rating is obtained for each of a veteran’s disabilities. Common sense would say that if the veteran has two disabilities, one rated at 40% disabled and the other at 30% that the combined rating would be 70%, but this is not the case. VA math is not normal math. To determine the combined rating, the VA starts by considering the veteran to be 100% able. The highest rating of 40% is then applied, leaving the veteran at 60% able. The second disability of 30% is applied to the remaining 60% of ability, to leave 42% percent. The 42% is subtracted from 100%, to arrive at 58%, which is rounded up to 60% disability. There are calculators available online that assist in making these complex calculations.
It is not uncommon for the VA to deny a veteran VA disability, provide a lower rating than what is justified under the law, or use an incorrect date for back payments. Veterans who have received less than they are owed or have been completely denied should hire an accredited VA attorney to handle the appeal.
For more information on VA disability, visit htto://www.naborstrustlaw.com

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Managing the clock: Ensuring that VA disability appeals are made timely
VA disability is a monthly cash benefit provided to veterans who are disabled due to a service connected injury. It is common for veterans to be denied the first time they apply for VA disability. When a veteran is denied VA disability, they are given a year from such denial to appeal. It is important that the veteran closely monitor the appeal date to ensure that the appeal is received within the year. When a veteran is approved for VA disability, following any appeals, the benefit is paid back to the date the first claim was filed.
If an appeal is not received within a year of the denial, the appeal cannot relate back to the original claim. The veteran will be required to file a new claim for benefits and lose the benefits for the time period between when the two claims were filed. Veterans who have been denied VA Disability should seek the assistance of an experienced accredited VA attorney to assist with the appeal.
For more information about VA disability, visit http://www.naborstrustlaw.com

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“Man, you snore like a freight train!” Lay evidence to prove VA disability.
One of the requirements to prove win a claim for VA disability is to prove service connection. Proof of service connection can be proved using military records and medical records. For man y veterans, there are not sufficient medical records documenting the existence of the medical condition during service. Particularly for Vietnam veterans, it was uncommon for service members to go to a sward when they were sick. This culture of bearing with pain has left many service members without documentation.
One of the ways a link to service can be established to prove VA disability is through buddy statements. The detailed testimony of those who served with the veteran can provide evidence to support a claim for VA disability. This is common for veterans seeking VA disability for sleep apnea. Buddy statements can be used to prove that the symptoms of sleep apnea, snoring and trouble breathing during sleep, existed when the veteran was in service. Once the service connection is established and evidence of current symptoms is presented, the veteran can receive VA disability.
VA disability is a monthly cash payment paid to veterans who have a disability that is connected to their military service. A large percentage of veterans who apply for VA disability are denied initially. They can seek the assistance of an experienced VA accredited attorney in appealing such claims.
For more information on VA Disability, visit http://www.naborstrustlaw.com

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VA Disability for PTSD: The requirement to prove a triggering event
Post traumatic stress disorder (“PTSD”) is a condition affecting many veterans who have returned from combat. The symptoms of PTSD can include: nightmares, flashback, irritability, desire to sleep for longer periods, trouble concentrating, mood swings, and hyper sensitivity to loud noise or bight light. Many veterans who have PTSD qualify to receive VA disability. VA disability provides disabled veterans with monthly tax free payments.
Many veterans who are eligible to receive VA disability are denied benefits or fail to apply due to misinformation. Many veterans believe that if their symptoms of PTSD do not show up until decades after service, that they cannot receive compensation for the symptoms; this is not true. If the symptoms can be connected to a trigger during war time service, they can form the basis for a PTSD disability claim.
Many veterans do not receive VA disability payments for PTSD because they fail to show the triggering event during service that caused the PTSD. Simply showing that the veteran is experiencing symptoms of PTSD is insufficient to prove a claim for PTSD. A connection between the symptoms and an event during service must be shown. An event during service that can serve as the triggering event linking symptoms to PTSD can be a range of events, anything that is a traumatic experienced. VA regulations provide that if a veteran served in combat where they were engaged in live fire with the enemy, such event is automatically considered a sufficient trigger to form the basis of a claim for PTSD.
When applying for VA Disability based on PTSD, should provide as much detail about the event linking to PTSD as possible. If a veteran has been denied VA disability for any reason, including failure to prove PTSD, the veteran should hire an accredited VA attorney to assist in the appeal.
For more information on VA disability, visit: www.naborstrustlaw.com

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Veterans awaiting final VA regulations for presumption of VA Disability from service at Camp Lejeune
VA Disability is a benefit that provides monthly cash payments to veterans who have a disability connected to their service. Usually, to receive VA disability a veteran must show that they have a current disability and that such disability was caused by their service. Under some situations, a disability can be presumed to be caused by service, and thus relieve the veteran of making a showing of service connection. These presumptions are created when medical science shows a link between a particular type of military service and a specific list of diseases.
The VA has proposed the creation of such a presumption for veterans who served at Camp Lejeune. There was water contamination for years at the North Caroline Marine camp. Due to the water contamination, many of the veterans who were stationed at Camp Lejeune came down with many diseases. The VA published proposed regulations in January 2016 to make a list of diseases presumed to be service connected for veterans of Camp Lejeune. These diseases include: Esophageal cancer
• Breast cancer
• Kidney cancer
• Multiple myeloma
• Renal toxicity
• Female infertility
• Scleroderma
• Non-Hodgkin's lymphoma
• Lung cancer
• Bladder cancer
• Leukemia
• Myelodysplastic syndromes
• Hepatic steatosis
• Miscarriage
• Neurobehavioral effects
When these regulations become final, likely in early 2017, a veteran will need only show that they were stationed at Camp Lejeune and have one of the listed diseases to receive VA Disability. Once the regulation is made final, the VA will presume that the listed diseases are service connected. For diseases not listed, the veteran can still obtain service connection but must provide evidence that the disease is connected to their service. Veterans who have been denied VA Disability should seek the assistance of an experienced accredited VA attorney.
For more information on VA Disability, visit http://www.naborstrustlaw.com

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“Hey guys! Watch this!” VA Disability compensation for injuries due to recreational activities
VA Disability provides monthly cash payments to veterans who have become disabled due to their military service. The common imagery of a VA disability claim is someone who has been injured during combat, or a veteran that develops cancer decades later due to exposure to chemical during service, but the type of injuries covered by VA Disability are much more broad. Among other things, VA disability covers injuries related to injuries sustained in recreational activities during military service
If a veteran is on active duty and suffers a broken leg due to snow skiing while on leave, such injury is compensable the same as if the leg was injured during combat in Afghanistan. The same would hold true for injuries sustained during activity duty from other recreational activities, such as dirt bike racing or sky diving. There are few restrictions as to what meets the criteria for a compensable injury during active duty. One of the requirements for an injury to qualify for VA disability is that it cannot have been the product of the veteran’s willful misconduct. For example, if a veteran is on leave and is at a bar and through no provocation is punched and suffers an injury, the veteran can receive VA disability. But, if the veteran provoked the fight, they would be barred from receiving VA disability for the injuries.
Another exception to VA disability is that it is unavailable for health programs due to a veteran’s tobacco use during service. If a veteran develops cancer, the veteran’s use of tobacco products cannot serve as a link to military service to entitle the veteran to receive VA disability. The veteran may still receive VA disability for the cancer if it is tied to another aspect of service, such as chemical exposure. The use of tobacco products can, in rare cases, be the support for a claim for VA disability when the veteran has post traumatic stress disorder (“PTSD”), and used the tobacco products to relieve the stress from such condition.
There are several different basis for a claim for VA disability. A veteran who has been denied VA disability should seek the services of an experienced accredited VA attorney.
For more information on veterans disability, visit http://www.naborstrustlaw.com

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The claims file, a key to winning your VA disability case.
The claims file (also known as the C-file) is the most important set of documents for successfully winning a claim for VA disability. The claims file contains everything the VA rating agent will consider when deciding a claim for VA disability. The file contains military records, medical records, any forms the veteran previously submitted to the VA, and rating decisions. Making sense of this file is key to winning a case for VA disability.
In a perfect world, the claims files would come in a nice binder sorted by color, however, we do not live in that world. Claims files, spanning hundreds or even thousands of pages, often arise in a jumbled mess often secured only by a rubber band. The claims examiner at the VA is busy and will not take the time to examine each of the documents in a jumbled claims file. This is where the services of an experienced accredited VA disability attorney become valuable. The attorney can sort the documents contained in the claims file and use them to form a persuasive argument on qualification for VA benefits. There are often records that should have been included in the claims file but are missing. Replacing these records can assist the VA claims representative in awarding disability.
It should be easy to get a copy of your claims file, after all you are entitled by law to a free copy. This is not usually the case in practice, as there can be waits exceeding six months. There are tools available to attorneys that can greatly shorten the length of time it takes to receive a claims file. These tools include filing a case in Federal court asserting a violation of the Freedom of Information Act0.
An experienced accredited VA attorney can clear through the clutter of the VA and build a case for veterans benefits.
For more information on VA Disability, visit http://www.naborstrustlaw.com
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