Posted on Nov 16, 2023
Is it worth getting a lawyer for presumptive conditions from the water at camp lejeune ?
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Posted 1 y ago
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Hello Brother, I have never sued anyone and I had some serious civilian medical issues I could have followed up on with several physicians. IRT CLNC...I have obtained an attorney. Basically, I want to establish that I have filed against the government. Regardless of the outcome, numerous personnel over decades covered up a serious problem. That not only endangered me but my wife and three children. That pisses me off!
SF, Detz
SF, Detz
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There are two things regarding Camp Lejeune that you should be involved with. The first is the Camp Lejeune Justice Act claim. You can file a claim through an attorney (there are many) or you can file a claim online through the Department of the Navy's website*. That is independent of the VA and something you'll have to decide yourself
The second is the presumed service-connection for the condition you stated is on the presumed list with regards to Camp Lejeune.
For that, you should work with a VSO. Looking at VA's statistics, the lawyers ARE more effective when it comes to appeals, but for your claim submission there is absolutely no reason you shouldn't work with a VA accredited representative from your state service organization or a VSO as that will cost you nothing to file and process your claim and even help you (again, at no cost) if you disagree with the decision and wanted a higher-level review. This is especially true if you have a straightforward case.
Representatives are just like any other category of individuals - you'll find some great ones and some ... not so great. However, they all have to meet a minimal level of competency (and keep it up on an ongoing basis) to be accredited by the VA.
If you want to higher a lawyer later ... that's a decision you'll have to make. Is the cost worth the modest improvement of granted claims that go before the appeals board? The private attorney success rate at the board is 42.1% on average while using your State's Service Organization is 34.0%. The private attorney takes a chunk of your money, but the SSO does not. It's up to you to decide which "risk/reward ratio" is better for you.
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* Camp Lejeune Justice Act website - https://www.navy.mil/clja/
The second is the presumed service-connection for the condition you stated is on the presumed list with regards to Camp Lejeune.
For that, you should work with a VSO. Looking at VA's statistics, the lawyers ARE more effective when it comes to appeals, but for your claim submission there is absolutely no reason you shouldn't work with a VA accredited representative from your state service organization or a VSO as that will cost you nothing to file and process your claim and even help you (again, at no cost) if you disagree with the decision and wanted a higher-level review. This is especially true if you have a straightforward case.
Representatives are just like any other category of individuals - you'll find some great ones and some ... not so great. However, they all have to meet a minimal level of competency (and keep it up on an ongoing basis) to be accredited by the VA.
If you want to higher a lawyer later ... that's a decision you'll have to make. Is the cost worth the modest improvement of granted claims that go before the appeals board? The private attorney success rate at the board is 42.1% on average while using your State's Service Organization is 34.0%. The private attorney takes a chunk of your money, but the SSO does not. It's up to you to decide which "risk/reward ratio" is better for you.
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* Camp Lejeune Justice Act website - https://www.navy.mil/clja/
Camp Lejeune Justice Act Claims
Department of the Navy
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Conditions aren't presumptive. If you have the condition, were at MCB Camp Lejeune in the timeframe specified, service connection is presumed. Rating schedules have not changed since 1945, 38 USC lists the degrees of disability based on how you are affected.
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COL Randall C.
Have to agree and disagree.
Agree on the "conditions aren't presumptive" comment, but disagree on the rating schedule comment.
Rating schedules are constanting being reviewed and updated. Since 2017, the VA has done significant updates to the rating schedules for 9 major categories (Dental or oral conditions, Endocrine systems, Musculoskeletal system and muscle injuries, etc).
Agree on the "conditions aren't presumptive" comment, but disagree on the rating schedule comment.
Rating schedules are constanting being reviewed and updated. Since 2017, the VA has done significant updates to the rating schedules for 9 major categories (Dental or oral conditions, Endocrine systems, Musculoskeletal system and muscle injuries, etc).
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COL Randall C.
Peter, I'm not tracking what your comment is about. Is it that the Department of Veterans Affairs isn't the one that performs updates to the rating schedule or are you saying that they haven't done any?
If the first, the VA absolutely is responsible for updating the Veterans Affairs Schedule for Rating Disabilities (VASRD), or more commonly called the "rating schedule" (under the authority of 38 U.S. Code § 1155).
If the second, all you have to do is look at the Federal Register to see the changes that have occurred. The latest two proposed updates are regarding Mental Health ratings and how Tinnitus is evaluated and should be going into effect in the next month or two.
Part 4* of Chapter I of the Title 38 CFR details the schedule for rating disabilities. Appendix A* to that shows you every change and update that has been done since 1946 (the first changes were implemented in 1948).
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* Schedule for rating disabilities - https://www.ecfr.gov/current/title-38/chapter-I/part-4
* Rating schedule changes since 1946 - https://www.ecfr.gov/current/title-38/chapter-I/part-4/appendix-Appendix%20A%20to%20Part%204
If the first, the VA absolutely is responsible for updating the Veterans Affairs Schedule for Rating Disabilities (VASRD), or more commonly called the "rating schedule" (under the authority of 38 U.S. Code § 1155).
If the second, all you have to do is look at the Federal Register to see the changes that have occurred. The latest two proposed updates are regarding Mental Health ratings and how Tinnitus is evaluated and should be going into effect in the next month or two.
Part 4* of Chapter I of the Title 38 CFR details the schedule for rating disabilities. Appendix A* to that shows you every change and update that has been done since 1946 (the first changes were implemented in 1948).
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* Schedule for rating disabilities - https://www.ecfr.gov/current/title-38/chapter-I/part-4
* Rating schedule changes since 1946 - https://www.ecfr.gov/current/title-38/chapter-I/part-4/appendix-Appendix%20A%20to%20Part%204
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