Posts Tagged ‘ Agent Orange ’

VA Claim Denied? Attorney Ben Stewart Gives Advice

October 13th, 2010. By Kristine B

Just about anyone who’s a veteran has had a Veterans Affairs claim at some point in his or her life. Those who haven’t filed a claim likely will at some point in the future. And yet, despite the claims process being somewhat simple, the appeals process can be complex, and if your claim is denied, it’s good to know what rights you have. 

Today, Pleading Ignorance looks at how to file a VA Claim—and what to do if it gets denied. We asked attorney Ben Stewart of Stewart Law, P.L.L.C. for some pointers.

So, to start, let’s assume you’ve filed your VA claim. Once you’ve filed that paperwork, the VA will make a decision about what benefits will be provided to you, if any. So far, so good. 

What to do if the VA Denies your Claim

But, if the VA denies all or part of your claim, you have options—three in fact:

1. Reapply for benefits

2. Request a review of the decision

3. File an appeal 

While you can try to reapply for benefits or request a review of the VA’s initial decision on your claim, you may have more success if you file an appeal. If you appeal the decision you may want to have a lawyer help you. This is because a lawyer who is experienced in veteran claims will know the applicable regulation that can be used to overcome a denial. The lawyer can also represent you in a hearing before the VA appeals board. 

Making things complex is that laws concerning veterans’ benefits are constantly changing. Some of those changes are retroactive and some are only applicable from the date they are put in place. With retroactive changes, you may have previously been denied benefits for a specific condition but can now reapply and receive back benefits from the date of your previously denied claim. 

When the changes are only applicable from the date they are put in place, it doesn’t matter if you previously met the new requirements for benefits, you won’t receive back benefits. But, you may still be eligible to start receiving benefits from the point the regulation was changed going forward. 

For example, the VA has recently relaxed the rule for establishing claims of veterans post-traumatic stress disorder (PTSD). The move makes it easier for veterans to prove they have a disability due to service-related stressors. Veterans who did not qualify for PTSD benefits before, or who were denied benefits under previous rules, may now qualify. But, they will not receive benefits retroactive to their first claim. Rather, they will receive benefits starting from the date of the application filed after the rule change. 

Furthermore, some changes in benefits related to Agent Orange use in Vietnam will be retroactive to the filing date, meaning veterans should file their claims as soon as possible. 

“File now,” says Ben Stewart, attorney at Stewart Law, P.L.L.C. “Even if your claim is denied, you can start the claims period. That way, if it is accepted later, your benefits will go back to the original date when the claims were denied.” 

New medical conditions added to the list of those linked to Agent Orange include heart disease, Parkinson’s disease and B-cell leukemia. 

“There are new regulations all the time, that’s why veterans should consider a veteran’s benefits attorney who has been tracking changes in the law and advocating for veterans,” Stewart says. 

J. Benton Stewart II, attorney at Stewart Law, P.L.L.C., is an experienced prosecutor, municipal magistrate and civil trial lawyer. Stewart Law specializes in the following areas of practice: Professional Negligence, Legal Malpractice, Securities Litigation, Class Action Litigation, Products Liability, Personal Injury and Wrongful Death.

Tags: Agent Orange, Ben Stewart, Pleading Ignorance, VA Benefits, VA Claim, Veterans, Veterans Benefits, Veterans PTSD
Posted in Pleading Ignorance, Veterans | 6 Comments »

Agent Orange: Is this Really How We Treat our Veterans?

September 15th, 2010. By Kristine B

Last month, the Department of Veterans Affairs said it was increasing the number of health problems linked to exposure to Agent Orange. If you’re not familiar, Agent Orange was a dioxin-laden defoliant used in Vietnam to take away the foliage so the Viet Cong had nowhere to hide. It was previously linked to a variety of health problems, including cancers.

New regulations allow the VA to presume that veterans who served in Vietnam between January 9, 1962 and May 7, 1975 were exposed to Agent Orange. This means the veterans only have to show they were in Vietnam during that time—they do not have to prove they were exposed to Agent Orange. The new regulations also add medical conditions such as Parkinson’s disease and ischemic heart disease to the list of conditions already linked to Agent Orange.

Basically, the new regulations mean people who were previously denied disability benefits are now eligible to receive those benefits. All they have to do is show they have one of the conditions linked to Agent Orange and show they were in Vietnam during the specified years.

Some people question the move, saying that these medical conditions could have developed in the veterans as they aged—even if they weren’t exposed to Agent Orange. They say the new regulations will cost too much money—money the government doesn’t have.

When do we actually start taking proper care of our veterans? In addition to horrific conditions at some of the VA hospitals, claims of veteran medical malpractice, poor treatment and denials of disability pay, now people don’t want to pay for medical conditions the veterans suffered simply because it could cost too much money?

Haven’t the veterans done enough for the US to warrant a small amount of money for their pain and suffering? Never mind that we used to write off veterans post-traumatic stress (PTSD) and other psychological trauma experienced by veterans—who faced horrors many Read the rest of this entry »

Tags: Agent Orange, Alan Simpson, Veterans
Posted in Veterans | 21 Comments »