Recent Changes for the Vietnam Veteran and Agent Orange Conditions

In late 2010 the Veteran’s Affairs made some radical additions to the presumptive conditions list for Vietnam veterans suffering from ailments, or diseases, relating to Agent Orange and other chemicals. The pre-2010 list includes:

• Chloracne 
• Non-Hodgkin’s lymphoma
• Soft tissue sarcoma- cancer that develops from certain tissues
• Hodgkin’s disease
• Porphyria cutanea tarda (PCT) Multiple myeloma
• Acute and sub acute peripheral neuropathy
• Prostate cancer
• Respiratory cancers (cancers of the lung, bronchus, larynx and trachea)
• Type 2 diabetes (also known as Type II diabetes mellitus or adult-onset diabetes)
• Chronic lymphocytic leukemia (CLL) 

The new additions include:

• hairy cell and other B-cell leukemias
• Parkinson's disease, and 
• ischemic heart disease

What does this mean for Vietnam veterans? Well, it means great news because it will be easier for our veterans that served during the Vietnam era to get their claim approved. However, the recent news has also caused an influx of new claims that are clogging the system. It is highly advisable to file your claim, or your loved ones, in to the VA immediately. Here is a link for our Vietnam Veterans to get started.

If your claim is denied, which happens often, do not fret! Thankfully, the VA now allows attorneys to advocate for our veterans to navigate the rules and regulations to more effectively. The best part is that fees are on a contingency basis—you do not pay attorney fees. Your attorney will get a regulated percent of your claim if appealed and approved. You will pay nothing out of pocket.

If you have any questions concerning this article, VA claims, or VA benefits please feel free to contact our trusted team of benefits specialists. Our team not only has experience in veterans' issues and government benefits, but also, with Attorneys versed in elder law and civil litigation, pursues legal remedies from a position of strength and integrity. Our Attorneys and Benefits Specialists tap a wealth of experience and industry contacts to advocate on behalf of veterans, whether they served 40 years or 4 days ago.

Rick Cross
Government Benefit Specialist
Plachta, Murphy & Associates, P.C.
(616) 458-3994

Advice for Veterans: Disability Claims and Appeals

Jeremy M. Johnson, Client Relations Director with Plachta, Murphy & Associates, P.C., writes: Many veterans with service-related disabilities often have claims either denied or assigned a lower percentage rating than the facts of the case warrant. There is help: Our Attorneys and Government Benefits Specialists will coordinate with a veteran's medical team and navigate the bureaucracy of the VA on your behalf. Our team members will use their experience with the bureaucracy of the Department of Veterans Affairs, as well as their industry contacts, to navigate the rules and regulations to more effectively advocate on behalf of veterans. We help veterans avoid delays and mistakes, and work to ensure the best appeal possible.

Service Connected Injury
VA regulations require the Department to provide benefits to those who have been injured while in military service. Service Connection is the common term for these benefits. The injury or illness does not have to be caused by combat. To count as a Service Connection-eligible injury, it only needs to be incurred while on active service or under military orders.

Disability Compensation
Compensation benefits are paid monthly. The benefit depends on the level of severity of the disability. The VA assigns the severity a "percentage disabled" number called the disability rating. Amounts paid can range from $123 to $2,673 per month -- or more if very severe conditions exist. This is not an income-based benefit. We encourage any veteran who believes he or she has an injury from their service to apply for disability compensation, especially since there is typically no statute of limitations for these claims.

Vietnam Era
The Secretary of Veterans Affairs has recently established a service connection for Vietnam Veterans with three specific illnesses based on the latest evidence of an association with the herbicides referred to as "Agent Orange." The illnesses are B cell leukemia’s (such as hair cell leukemia), Parkinson's disease, and ischemic heart disease. Veterans who served in Vietnam during the war and who have a "presumed" illness don't have to prove an association between their illnesses and their military service: this simplifies and speeds up the application process for benefits.

Post Traumatic Stress Disorder
Sometimes disabilities are visible to all. But there are also times where pain is hidden deep inside. The stress of combat can linger for years before any problems are apparent. One of the most common diagnoses of combat veterans is Post Traumatic Stress Disorder (PTSD). Compensation can be paid for PTSD, but the veteran must take the initiative by filing a claim for benefits.

For more information and eligibility requirements please visit http://pmalawpc.com/va.html or contact Government Benefits Specialist Rick Cross at (616) 458-3994.

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Aid & Attendance Pension Benefits—Important Facts Older Veterans Need to Know

Aid & Attendance (A & A) is an underutilized benefit available to any United States Military veteran (or surviving spouse) who meets the service, financial, and physical criteria. This benefit is an addition to a veteran’s monthly VA pension. Of the 7 million Michigan veterans, over 500,000 are eligible for the Aid & Attendance benefits. However, only 20,000(4%) are receiving this deserved benefit! The bottom line—due to government cutbacks the VA DOES NOT advertise this program.

Veterans seeking appeals for information on benefits used to be able to go to local service centers with paid workers to provide them with help. However, elimination of these local centers and workers due to state budget cuts have forced veterans to go through this process alone, or through the backlogged Ann Arbor facility. It takes an average of 8-12 months for a filer’s application to be processed and to receive a determination letter. Due to the current backlog of claims to be processed, this time frame can be much longer.

Thankfully, the VA now allows certified attorneys to represent veterans before its review boards. It is recommend that people looking to file for this important benefit take advantage of the assistance of those experienced with the bureaucracy of the VA since it can greatly reduce the time it takes to receive benefits. Plachta, Murphy & Associates, P.C., located in Grand Rapids, is proud to be one of the few firms in West Michigan certified to represent our beloved veterans and their families.For more information and eligibility requirements please visit http://pmalawpc.com/va.html or contact Government Benefits Specialist Rick Cross at (616) 458-3994 or by email.