VA To Add 5 Diagnosable Illnesses To Service-Connected TBI
The VA will publish a proposed regulation in the Federal Register, that would amount to adding five diagnosable illnesses to those associated with service-connected Traumatic Brain Injury (TBI), an all too common disability among today’s military veterans.
Said Secretary of Veterans’ Affairs, Eric K. Shinseki,“We must always decide Veterans’ disability claims based on the best science available, and we will. Veterans who endure health problems deserve timely decisions based on solid evidence that ensure they receive benefits earned through their service to the country.”
The VA proposes adding a new subsection to its adjudication, stating that if a Veteran who has a service-connected TBI disability also has one of these five illnesses, then that illness will be considered service connected, secondary to the TBI disability.
Service connection disability under this rule will partially depend on the severity of the traumatic brain injury and the period of time between the injury and onset of the secondary illness. However, the proposed rule also clarifies that it does not preclude a Veteran from establishing direct service connection even if those time and severity standards are not met. It also defines the terms mild, moderate, and severe, consistent with Department of Defense (DoD) guidelines.
Just Because You’re paranoid, Doesn’t Mean The Insurance Carrier Isn’t Out To Get You
If you are disabled and have filed an individual disability claim, an ERISA disability claim or even a group disability claim, the insurance carrier will do their utmost to insure that you are denied. As we have discussed many times before, it is NOT the insurance carrier’s mission to pay out benefits; it is their mission to make more money and keep more money for their shareholders. That often means hiring private investigators to watch your every move in an effort to “prove” you are not disabled.
Insurance carriers also are notorious for trying to get disability claimants to sign authorizations (releases) which enable them immediate access to your entire personal life. As we have said before, NEVER sign anything at the request of the insurance carrier without having an attorney review it. That is presumably why you hire a disability attorney – to review all paperwork before you provide your signature. Also, never answer any questions without your attorney present – not on the phone and not in person. Remember, the insurance carrier is not your friend.
Type 2 Diabetes
There are millions of people out there probably walking around with Type 2 Diabetes who don’t even know it. That is because in the early stages, people don’t feel any different. But undetected and untreated, Type 2 Diabetes can be a debilitating illness, affecting your heart, your kidneys, your eyes, and your entire body. Many of our disability clients are afflicted with serious complications from Type 2 Diabetes, and, the thing is, much of this can be avoided by getting tested, by exercising and keeping your weight down, and by controlling your blood sugar levels.
The consequences of ignoring Type 2 Diabetes can result in cardiovascular problems including coronary artery disease, high blood pressure and stroke. Uncontrolled Type 2 Diabetes also can cause nephropathy (kidney damage), resulting in the need for dialysis, or worse, a transplant.
Type 2 Diabetes also may cause vascular dementia from out of control blood sugar levels; eye problems that can lead to blindness; hearing impairment; and neuropathy, nerve damage. However, most or all of these complications need not occur. With the proper diet and medical treatment, most people can lead normal,healthy, active lives.
Senator Bernie Sanders On Cutting VA Disability
Benefits Source: www.sanders.senate.gov
Sen. Bernie Sanders (I-Vt.) and leaders of The American Legion, Veterans of Foreign Wars and other veterans’ organizations today denounced proposals to cut veterans’ disability benefits as part of a year-end deal on deficits.
A member of the Senate Veterans’ Affairs Committee and the Budget Committee, Sanders said there are better approaches to deficit reduction than slashing benefits for more than 3 million disabled veterans and their families.
“We must do deficit reduction, but not by cutting programs for people who lost arms, legs and eyes defending our country,” Sanders said. “We must not balance the budget on the backs of men and women who already sacrificed for us in Iraq and Afghanistan.”
Sanders’ point was echoed by the nation’s leading veterans’ organizations.
“The American Legion understands the need to restore fiscal discipline, but it should not be done by reneging on this country’s promises to its veterans who already have earned these benefits through their service to our country,” James Koutz, the American Legion national commander, wrote in a letter to congressional leaders.
“America’s heroes deserve better from a grateful and caring nation,” Barry A. Jesinoski concluded in a letter on behalf of the Disabled American Veterans.
The Veterans of Foreign Wars and Gold Star wives were among 18 veterans’ organizations that signed a separate letter to congressional leaders calling on them to restore fiscal discipline “without reneging on this country’s promises to veterans.”
A change in how annual cost-of-living adjustments are calculated could mean that veterans who started receiving VA disability benefits at age 30 would have their benefits reduced by $1,425 at age 45, $2,341 at age 55 and $3,231 at age 65, according to the Congressional Budget Office.
In addition to disabled veterans, more than 55 million retirees, widows, orphans and disabled Americans could be affected by the switch to a so-called chained CPI, or consumer price index. According to the Social Security Administration, the change would result in $112 billion in reduced Social Security benefits over 10 years. The typical Social Security recipient who retires at age 65 would get $653 less a year at age 75 and would get $1,139 less a year at age 85 than under current law.