Claiming VA Benefits – Medical Evidence Important to Decide Disability

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Claiming VA Benefits – Medical Evidence Important to Decide Disability Medical record review is an important process when it comes to arguing personal injury cases.

People whose work involves dealing with dangerous chemicals on a daily basis can suffer from exposure to such substances if their personal protective gear or other safety equipment is not up to the mark. Skin contact, inhaling poisonous fumes or accidentally swallowing even small amounts of a chemical can be very dangerous. Toxic chemicals can cause burns, rashes, lung/throat injuries and even neurological injuries/nerve damage.

Soldiers Vulnerable to Exposure to Chemical Weapons Recent news highlighted the scary scenario of more than 600 American service members who were exposed to chemical weapons during the period they served in Iraq.The military failed to track the cases or provide treatment to the troops in spite of the affected soldiers reporting the case to the military authorities. The Pentagon has acknowledged this and has asked the Public Health Command to identify all veterans who have reported a likely chemical exposure. Their medical records will all be collected, medical examinations conducted and interviews held to have a clear and comprehensive view of the cases. It was earlier reported that many soldiers had experienced illnesses related to chemical weapons exposures to sarin and mustard gas

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when they were handling abandoned and reused munitions during the Iraq war.

Coverage for Disabilities Resulting from Chemical/ Physical/ Environmental Hazards Veterans exposed to chemical, physical and environmental hazards during military service may be entitled to disability compensation if these military exposures led to a disease or injury. The Veterans Affairs (VA) may grant service connection for certain disabilities or diseases resulting from full-body exposure to mustard gas or Lewisite (organic compound containing arsenic) during military service. Check 38 CFR 3.316(a) to view diseases/disabilities for which service connection may be granted by presumption due to mustard gas or Lewisite exposure.

The VA would want evidence such as the following: • Evidence to show exposure to mustard gas during military service •

Evidence showing one of the diseases/disabilities listed in 38 CFR 3.316(a) or medical evidence that establishes a connection between a disease/disability not listed in 38 CFR 3.316(a), and caused by exposure to mustard gas.

Application for disability benefits can be submitted in the following ways.

• Complete and mail your disability claim form to your nearest VA regional office.

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Apply online using and eBenefits account.

MOS Medical Record Reviews 1­800­670­2809 •

Have a VA employee at a VA regional office assist you.

The Veterans Affairs National Facilities Locator will help you find the VA regional office nearest you.

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Get assistance from an accredited representative or agent.

Veterans Affairs will request and review relevant medical records and service records that can substantiate the disability claim. These claims are decided on a case-by-case basis. Under veterans’ compensation, you can expect to receive 10% to 100% coverage depending on the disability involved. Most veterans face key issues such as proving service connection for the disability, and then dealing with the disability level rating that the VA evaluation system applies to the particular applicant’s case. Often, veterans find that their disabilities are rated in unfairly low percentages such as 30% disabled rating.

Disability attorneys can help you get records that support your claims including records of the relevant military service or exposure to hazardous materials during the service period, and argue your case effectively.

You Are Eligible for SSD Benefits alongside VA Benefits A veteran can receive SS disability benefits along with VA benefits. You can qualify for VA benefits even if you are not totally disabled, disability ratings are assigned at 10% increments from 10% to100% disability and the benefits are based on that determination.

A person receiving a very high disability rating from the veteran affairs (70% or higher) is more likely to be approved for SS disability benefits. This is because another federal agency has already determined that the person’s disability has made it

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difficult or impossible for him to engage in full-time work. On the other hand, if you are approved for SSD benefits, it doesn’t necessarily mean that you will be approved for VA benefits.

This is because the SSA’s decision doesn’t clarify whether your disability is service connected. However, it is best to provide the Veterans Affairs with your SS disability file and decision because the VA is required to consider your social security disability records when evaluating your claim.