Veterans Disability Law Blog & News

One problem many veterans run into is that a problem they currently have may have had some presence, in one form or another, before they were in the military.  There is some analogy to the medical insurance bar to insurance coverage for a preexisting condition.  Many veterans’ may believe that a condition may not be service connected if the problem preexisted their military service.  Fortunately, one of the more favorable presumptions in veterans’ law is the twin concepts of the presumption of soundness and aggravation.  Unless the condition is noted and examined at one’s entrance exam to the military the presumption is that they entered the military sound.  Many times, these entrance exams aren’t even carried out, and if they are, they aren’t likely to uncover or examine many types of conditions.  In most cases, just based on this fact, a condition that may have existed at some point prior to service, but

In this post, we discuss service personnel records – what they are and how to obtain them. What are Service Personnel Records? Typically, once a service member is discharged, their service personnel records are compiled into an Official Military Personnel File (OMPF). This file encompasses a range of materials, such as job assignments, evaluations, orders, and records of awards and decorations. These records provide a detailed overview of a veteran’s service history, making them invaluable for various administrative and legal processes. For instance, the DD-214 (“Certificate of Release or Discharge from Active Duty”), contains information about dates of service, military occupational specialty, and character of/reasons for discharge – some of which are needed to verify eligibility to VA disability compensation. Note: Except for enlistment examination, separation examination, and Physical Evaluation Board reports, the OMPF rarely contains any service treatment records (STRs) from service. For more information on STRs, see our

Medical records from during service are an important part of VA disability claims. Often (but not always), a claim can hinge on whether a veteran received treatment during service. In this post, we’ll walk through the types of records available, the VA’s duty to gather them for you, and how to access them yourself. Understanding Military Medical Records There are two principal categories of military medical records records: service treatment records and inpatient hospitalization records. For information on service personnel records, see our blog post here. To learn more about VAMC and private health records and how to access them, you can see our post here. VA’s Duty to Obtain your STRs for You An important aspect to remember is the VA’s duty to assist claimants in obtaining relevant records. When you file a disability claim, the VA is obligated to help in gathering necessary records, including your STRs. This

Are you a veteran who has been denied VA benefits? You’re not alone. The majority of applicants are turned down at the initial stage of the application process. But don’t give up hope! With the help of specialized lawyers, you can boost your chances of success and get the benefits you deserve. At Ban Law Office PC, we understand the complexities of VA claims and have the expertise to navigate the system on your behalf. Our team of experienced lawyers is dedicated to helping veterans like you get the benefits they are entitled to. With our assistance, you can strengthen your case and increase your chances of a successful appeal. Understanding VA Claims The VA claims process can be overwhelming and confusing, especially if you’re not familiar with the system. At the initial stage of the application process, close to 90% of applicants are denied benefits. This high rate of denials makes

Are you struggling with your VA claim and feeling overwhelmed by the complex process? You’re not alone. Applying for VA benefits can be challenging, and the majority of applicants are initially denied. But don’t give up hope just yet! Hiring a specialist lawyer can make all the difference in your VA claim journey. At Ban Law Office PC, we specialize in VA claims and have a proven track record of success. Contact us today at 801-532-2447 for a free consultation. Understanding VA Claims VA claims can be confusing and frustrating, especially when you’re dealing with a disability or injury. The application process is complex, and the rate of initial denials is high. But don’t let that discourage you. Many applicants who are initially denied go on to win their claims with the help of a specialist lawyer. It’s important to remember that you’re not alone in this journey, and seeking legal

Living with a disability can be challenging, especially for veterans who have served their country. Fortunately, the Department of Veterans Affairs (VA) provides compensation for disabilities incurred or aggravated during military service. However, navigating the VA compensation process can be complex and overwhelming. This is where a veterans disability attorney can make a significant difference. In this blog post, we will explore the role of a veterans disability attorney and how they can change your life. Do I Qualify for VA Compensation? Before understanding the role of a veterans disability attorney, it’s important to determine if you qualify for VA compensation. The eligibility criteria for VA compensation include disabilities that were incurred in service, caused by service, or are secondary to a service-related condition. If you believe you have a disability that meets these criteria, it’s worth exploring your options with a veterans disability attorney. How do I know if I

As a veteran, you have sacrificed so much for your country. You deserve to receive the benefits and compensation you are entitled to for any disabilities incurred during your service. However, navigating the complex process of filing a veterans disability claim can be overwhelming and confusing. That’s where a veterans disability attorney can be your best ally. In this article, we will explore the importance of hiring an attorney for veterans disability claims and how they can help you in your fight for benefits. Qualifying for VA Compensation The first step in the process is determining if you qualify for VA compensation. There are various ways to qualify based on disabilities that were incurred in service, caused by service, or are secondary to a different service-related condition. To assess your eligibility, an attorney will review your paperwork, including recent VA decisions and medical records from your service and the current time period.

Special monthly compensation is just that, its extra compensation for disabilities that aren’t easily categorized or warrant an extra amount of compensation beyond 100 percent.  They are generally based on a severity above the 100% level.  Often whether a person has an amputated limb would receive the same level of SMC under SMC(k) as someone who receives disability compensation at higher levels.   This may occur based on amputation above or below the knee.  So that a foot amputation would receive 40% compensation vs. 60% for above the knee, though would receive the same amount under SMC(k).  SMC(k) also applies to “loss of a creative organ”, which is pretty flexible in that just about any type of disability related to the reproductive organ will qualify.  This includes problems such as erectile dysfunction or actual physical loss, such as loss of a testicle or ovary.  It could also include removal of

Ban Law Office specialize in assisting veterans with their disability claims. Our team of experienced attorneys is dedicated to helping veterans navigate the complexities of the Department of Veterans Affairs (VA) claims process. In this article, we’ll explore how a dedicated attorney can help veterans in their fight for justice. What Does a Veterans Disability Attorney Do? A veterans disability attorney is a legal professional who specializes in representing veterans in their claims for disability benefits from the VA. These attorneys have in-depth knowledge of VA regulations and procedures and are skilled at handling various types of disability claims. At Ban Law Office, our attorneys work tirelessly to ensure that veterans receive the benefits they rightfully deserve. Why You Might Need a Veterans Disability Attorney Filing for disability benefits from the VA can be challenging and overwhelming for many veterans. A veterans disability attorney can provide invaluable assistance by guiding veterans through

For both physical and mental injuries it’s well worth proving that the injury was proved in combat since there are relaxed standards for in service incurrence of injury when an injury is sustained during combat with the enemy during active service.  38 USC 1154(b).  The rules for proof as to whether combat with the enemy occurred are relatively veteran friendly in that absolute proof often isn’t available but can be sufficiently proven with other types of evidence.  For instance, the VA isn’t required to just accept the veteran’s statement on this issue at face value, however such statements must be weighed and considered.  More to the point, the CAVC has found that the VA can’t just find that the statements aren’t credible or entitled to weight merely due to the lack of corroborating evidence.  While such evidence is highly encouraged it won’t always be available.   The veteran and their advocate