Obesity and VA Disability Benefits
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- čas přidán 25. 07. 2024
- *VA News Update*
0:00 Introduction
0:18 OIG Report on Unwarranted VA Medical Exams
2:19 HVAC Hearing - Is VA ready for Appeals Reform?
*Obesity and VA Compensation*
6:40 How is obesity diagnosed?
7:28 What percentage of veterans are overweight or obese?
7:49 Does VA consider obesity a disability?
10:12 How can veterans get service connected for problems related to obesity? What is an “intermediate step”? [WITH INFOGRAPHIC!]
12:05 Examples (including sleep apnea and back conditions)
13:58 How might the recent Saunders ruling on pain impact obesity-related VA claims? *link to Ortho Ratings vid*
15:24 How does VA rate obesity-related conditions?
16:33 How could a recent precedential decision by the VA Office of General Counsel impact VA claims related to obesity?
19:25 What are some examples of conditions that could be service connected through obesity?
20:07 Common mistakes VA makes in adjudicating obesity-related claims
22:19 Practical tips for obesity-related VA claims
**READ the blog post here: cck-law.com/news/obesity-and-...
Feel free to ask questions, give us feedback, or request new veterans' law topics below! And don't forget to SUBSCRIBE so you won’t miss future videos.
Thank you guys for the news and info. I find them all quite useful.
Thank you for tuning in! We are so glad that you find our videos helpful.
Thanks CCK! Great infomation. I hope to use your firm as soon as needed.
@Michael, thank you for watching! We are glad that you find our videos helpful!
Very helpful to know about, secondary and nexus. But how do you get a doctor ; to acknowledge the connection of a series of related causes? A VA doctor is on the fence as a "Doctor" working for the VA, and is not a Comp & Pen doctor, but is labeled as your "Personal Care Physician". His or her allegiance is really to the VA, as is the C&P examiner. and not to me. Low income vets cannot afford an outside opinion from an independent doctor. That outside doctor may not even know what you are asking him or her to do as a consult? I have a National Service Officer as my Representative, do I need a lawyer instead? Where do I find one accredited in my area?
@Richard Contreras, an online referral source may be able to direct you to someone who can assist. However, if you are interested in learning more about our services and how we help individual veterans with their VA disability claims and appeals nationwide, please visit our website at cck-law.com
my VA Reopened Claim started October 5th, 2018. It's on a rapid process. they said May 12th, 2019. Then, this jumped up to July 31, 2019 Now, its October 31st, 2019. ???
I have 2 knee replacement secondary Service connect bad back, tinnitus ortharthritis with obesity , cause sleep apnea. I need put in for reopen claim. In couple days. So if someone help me with the Nexus letter. I am 100% disability. Also I have high blood pressure, diabetic, hernia I surgery back in 1982 at Va. Hospital in Denver Colorado . I have copy of my records.
Thanks for the information, hearing this just makes me that much more frustrated with the VA. I have service connected back injury and had major back surgery while on active duty, and then another in 2015. I have just about every one of the secondary conditions you all mentioned from depression, obesity from my back injury, sleep apnea, knee problems. But for whatever reason it has taken me 21 years just to get a 70% rating. I have recently filed more claims but feel as though the VA will find some reason not to increase my ratings.
Brian Matula, thanks for tuning in! We are so glad you found this video helpful. As we discussed in the video, this area of VA benefits is still developing so it can be difficult to have these types of claims granted. We appreciate you sharing your story!
Sad and despicable VA behavior, without keeping their bias out of the decision. I was granted back sc, bilateral hip replacements as secondary. Filed OSA secondary to back/hip osteoarthritis/degenerative lumbar spine, with obesity as intermediary bridge-seeing VA amped up w/less likely letters, poised to deny claim.
So, if I understand correctly, being recently diagnosed with fatty liver disease, this condition could be linked to obesity, which could then be linked to/caused by having pain stemming from service connected degenerative joint disease in shoulders, back, and knee?
Kerry Koehler, thanks for tuning in! That would be an example of obesity as an intermediate step as we discuss in the video.
Important topic.
So if you were chaptered out for overweight which is an Honorable Discharge, and had a P2 profile for lower back pain wouldn't that be a contributor to a secondary claim of Obesity. Could it also cause the diagnosis of hypertension as well.
Thanks for your comment! In order to obtain service connection for conditions due to obesity, it must be shown that a veteran's service-connected condition at least as likely as not caused the obesity, and the obesity then caused another disability (e.g. hypertension).
Did you pursue this. I’m in the exact same boat.
@@06GrandPrixGXP Still working my documents just diagnosed with Non-alcoholic Fatty Liver disease which would support this claim. Will keep you posted
W/sleep apnea as intermediary, secondarily to sc back condition having pain, osteoarthritis, degenerative lumbar spine and double hip replacement already awarded sc; VA seeks to disqualify and deny based on malocclusion class 2 bite, corrected in service as culminating phase of orthodontic treatment plan. VA states vet entered active duty with condition…Bravo Sierra. OSA never diagnosed until 12-yrs after departing service. VA loves to overlook the obesity as the cause, love to deny the vet with grumpy jaw, retruded jaw. Why can’t Vet hire a lawyer to “file” claim before VA gets to deniability.
I was trying to ask a question on Facebook but could not figure out how. I really don’t want to post it here suggestions?
Sam Patton, thanks for reaching out! You can message us on Facebook directly with your question and we will answer it to the best of our ability. A link to our Facebook page is here: facebook.com/ChisholmChisholmAndKilpatrick/
Great video. Thanks for sharing. Can you use Obesity as an Intermediate step for more than one secondary condition?
Hello, thanks for tuning in!
Yes! Veterans can absolutely use obesity as an intermediate step for more than one secondary condition. Check out our blog on Obesity and VA Disability Benefits: cck-law.com/blog/obesity-and-va-disability-compensation/
Can you use more than 1 intermediate step to a secondary condition? For example, a GERD claim with obesity, medications, and anxiety as intermediate steps?
So with back pain as my primary injury military related and neuropathy my secondary related and me putting on weight can I claim that because as of today I’m trying to apply for TDUI and Doctors keep saying I’m obese?
@Down Range 210, for more information on how you can use obesity as an intermediary step for VA disability benefits, please check out our blog: cck-law.com/news/obesity-and-va-disability-compensation/
I have a question: i have a 40% service connected disability rating for my back and due to my back injury i cannot work out and gained weight and now i have type 2 diabetes, i would like to know can i get a secondary rating under this rule???
@MrFreeze35, VA states that “obesity may be an ‘intermediate step’ between a service-connected disability and a current disability that may be service connected on a secondary basis". To learn more about how obesity can be used as an intermediate step, please visit our blog: cck-law.com/news/obesity-and-va-disability-compensation/
I think you can because now you are diabetic....go for it!
I need help with my disability please
Hello @James R. Rivera Sr. thanks for reaching out. If you would like assistance filing a claim for disability benefits, we recommend working with a Veterans Service Organization, such as our colleagues at the Disabled American Veterans, who can be reached at (859) 441-7300. If you would like assistance appealing a denied claim, our office may be able to help. We can be reached at (844) 567-1185. Thank you!
Could I claim obesity due to depression
Funny seems like you should. The more they harassed me about my weight and stressed me out, the more weight I gained.
INTERMEDIATE STEP
Or it could be like me, you were over weight, but injured and so instead of being overweight they give you a general under honorable because weight control and running 3 times a day causes injury which means you cannot run anymore and so gain more weight. So youre dischraged for unsatisfactory performance instead of honorable cause they didnt want you to get any benefits, mainly the GI bill which you lose with anything but an honorable.
Its bull crap
Do yourself a favor and just steer people away from military service. Government doesnt give a rip about you