Veterans Disability Claim- How can Veterans Win a Claim despite the Tobacco Use Restrictions? скачать в хорошем качестве

Veterans Disability Claim- How can Veterans Win a Claim despite the Tobacco Use Restrictions?

In this video Marc Whitehead, an Accredited Veterans Disability Attorney, discusses ways a veteran is able to win a disability claim despite the tobacco use restriction. https://disabilitydenials.com/blog/va... Although the VA provides for the use of a direct Service Connection in VA claims for a wide variety of disabilities, there is one exception. Veterans may not make a claim for service connection caused by tobacco use during their period of service. Under no circumstances can tobacco consumption, by any method, be used in the Nexus of evidence needed for a VA claim. This rule also applies to survivors seeking benefits after a veteran has passed away due to tobacco related illness. This restriction though, is not quite as strict as it sounds. Although the VA cannot grant a service connection disability that depends on tobacco use to prove linkage. It is possible for claimants to receive benefits from tobacco related illnesses through other strategies. If the disability you are seeking Veterans benefits for, could possibly be eligible for a service presumption that doesn't require providing a Nexus of evidence. Such as the Service Connection by Legal Presumption. You may still be able to make a successful case. Meaning, it is possible to make a successful case without the need to provide a physicians opinion. Example: If you are able to use the Service Connection by Legal Presumption for a diagnosis of lung cancer due to agent orange exposure. A Physicians opinion will not be required to submit. This is possible even if your doctor is convinced your long cancer was caused by smoking. There is also a loophole regarding Secondary service connection for conditions caused by tobacco use. In the rear cases where a Veteran took up smoking to clam the symptoms of a Service Connected ailment, such as PTSD or other anxiety disorders. Then developed a condition caused by tobacco use, the Veteran may be eligible for benefits. The case may be ruled in the Veterans favor so long as they are able to prove the following: 1- The condition that caused the tobacco use was Service Connected 2- The use of tobacco was a major cause of the Secondary Disability 3- The Secondary Disability wouldn't have manifested if it had not been for the use of tobacco products It is strongly recommended that you hire a qualified Veterans Disability attorney before beginning a case. The rules and restrictions that effect VA claims are difficult to understand. So it is always a good strategy to have an experienced attorney on your side. This topic is discussed more in our free eBook: Veterans Disability Claims: Strategies for a Winning Campaign Visit www.disabilitydenials.com for your free downloadable copy If you have any questions or would like to discuss your particular veterans disability issues contact our office at: Marc Whitehead & Associates Attorney at Law, LLP 403 Heights Blvd Houston, TX 77007 (713) 228-8888