Service Connection Of The Veterans Parkinsons Disease Claim
By the way did you know that the Veterans Law Blog publishes the;definitive guide for Veterans that want to prove these 4 pillars in their VA Claim? ;You can take a look at the;5+ hour Training Video here there is no other resource that has more information about HOW to prove the 4 Pillars of a VA Claim than this video.
Veterans with Parkinsons Disease must prove each of these 4 Pillars to prevail in their claim for service connection.
Typically, the 1st and 4th elements are the easiest to prove: eligibility and effective date. ;When it comes to proving Service Connection of a Veterans Parkinsons Disease, or establishing the impairment rating for that condition, the journey can be a little harder.
There are 5 Paths to Service Connection I encourage Veterans with Parkinsons Disease to use as many of the 5 Paths as they can.
A Veteran is not restricted to choosing only 1 path in their VA Claim.
If you;would like to learn more about the 5 Paths to Service Connection as well as other information that isnt published anywhere else on the internet be sure to check out the 5 hr training video: How to Prove the 4 Pillars of a VA Service Connection claim.
Va Disability Compensation And Parkinsons Disease
Presumptive Service Connection for Parkinsons
Creating a presumption is VAs way of making an exception to the usual requirements for service connection. Often used for toxic exposures that affected large groups of veterans, VA will automatically presume that veterans in a certain place during a certain time period were exposed to toxins . Presumptive conditions are diseases or disabilities that VA automatically assumes are related to the acknowledged exposure, meaning the veteran does not have to provide a medical nexus, or link, between the toxic exposure and the resulting condition .
Parkinsons disease is currently listed as a presumptive condition for veterans who served:
- in Vietnam for any length of time between January 9, 1962, and May 7, 1975,;or
- in the Korean Demilitarized Zone for any length of time between April 1, 1968, and August 31, 1971, or
- at Camp Lejeune for at least 30 days between the August 1953 and December 1987.
If you served in one of these locations during the specified time period, you need only show VA documentation of where you served and that you have a current diagnosis of Parkinsons disease to prove your claim.
Service Connection for Parkinsons without a Presumption
Exposure to burn pits: Parkinsons can also present in veterans who were exposed to burn pits in the Southwest Asia Theater of Operations after September 11, 2001.
Service Connection For Parkinsons Disease
Some former service members may be eligible for direct service connection, meaning something happened in military service that caused your Parkinsons or the disease was first diagnosed or manifested during service. This service connection is not easy to prove and will almost always require an independent medical opinion to show that you were beginning to show signs of Parkinsons during service or a particular chemical you were exposed to caused the condition.
Special Monthly Compensation For Heart
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How Does A Parkinsons Va Disability Claim Affect A Claim For Bradykinesia
If you have filed a Parkinsons VA disability claim with bradykinesia as a symptom, the VA will take a two-step approach to determine your VA disability rating:
- Calculate residuals VA disability rating: Individual ratings for each of your symptoms will be determined and they will be aggregated using VA math. These ratings will include bradykinesia, along with any tremors, weakness, or paralysis experienced in those muscle groups, to determine the severity of the disability. Residuals will also account for any other Parkinsons symptoms like incontinence, constipation, and speech difficulties.
- Compare to Parkinsons VA disability rating: The minimum Parkinsons VA disability rating;is 30%.
Your Parkinsons VA disability rating will be the higher of the two. For example, if your residuals rating is 70%, you will receive a Parkinsons VA disability rating of 70%. Conversely, if your residuals rating is 20%, your Parkinsons VA disability rating will be 30%. Your Parkinsons disease disability benefits will always be at or above the 30% minimum Parkinsons VA disability rating.
Improving Your Chances For Obtaining Benefits
Its particularly important to see a psychologist or psychiatrist who can document the progression of your illness, because this can sometimes be the only official record of your PTSD. If you live with or frequently see family members or friends, ask them to document your behavior over time as well. Since severity is the key to determining whether or not your PTSD disorder qualifies you for benefits, tracking the frequency and nature of your symptoms can help your case.
- Keep a detailed journal, including a calendar of notes about how you feel each day;
- Record any unusual activities you could not do on any given day;
- Keep a detailed history of your current and past medications, as well as any side effects that you experience;
- See a health care professional regularly and take the medication that he/she gives you so that he/she can support your application for benefits;
- Ask your doctor or other health care professional to track the course of your symptoms and to keep a record of any evidence of fatigue, irritability, forgetfulness, unusual behavior, or other hard-to-document symptoms;
- Keep records of how your illness affected you on the job.
Disabilities Secondary To Parkinsons Disease
While most people tend to think of Parkinsons disorder as a neurological movement disorder, and it most certainly is, many people do not realize that other systems in the body can also be severely affected by Parkinsons. Often, the same chemical exposure can also cause other disorders, such as ischemic heart disease. However, often it is the Parkinsons itself, or the medication used to treat it that is the causal factor in the development of a new disorder. Whether a veterans Parkinsons was caused by exposure to the TCDD in agent orange, pesticides, trichloroethylene, or its origins are unknown, Parkinsons cause many secondary health effects and disabilities.
Parkinsons is known as a neurodegenerative disorder; that is, it causes neurons to degenerate or decay. The most famous area for PD degeneration is in an area of the brain called the;substantia nigra, where Parkinsons causes the death of neurons that generate dopamine, a neurotransmitter which is involved with movement. However,;more;recent;studies;have also shown that Parkinsons also attacks nerves in the heart which produce another neurotransmitter, noradrenaline. This typically takes place in the left ventricle and can have many complications.
Expanding The Presumptions To Include Other Herbicides
Other commenters, including USMVP, seek to persuade VA to presume service connection for veterans exposed to trichloroethylene and malathion . USMVP concedes that TCE and malathion are differently formulated chemical compounds used for pest control and equipment maintenance, respectively. Nevertheless, USMVP contends that VA’s mandate is sufficiently broad to allow the Secretary to presume diseases to be service connected upon exposure to TCE and Malathion.
VA Response: These comments are beyond the scope of this rulemaking. We proposed to revise 38 CFR 3.309 to implement the requirements of 38 U.S.C. 1116 and directing the Secretary of Veterans Affairs to determine whether there is a positive association between exposure to the herbicides used in Vietnam and the occurrence of specific diseases. The comments concerning the health effects of other types of exposures are distinct from the scope and purpose of the proposed rule.
Specific Chronic Conditions Presumed Service
The veteran must have 90 continuous days or more of service. Having one or more of these 41 chronic diseases or disorders is considered to have been caused by service if they manifest themselves to a degree of disability of 10% or more within one year after discharge. Manifesting does not necessarily mean medical diagnosis, only that evidence shows the existence. There are some exceptions to the one year rule which are: Hansen’s Disease must have appeared within three years after separation. Tuberculosis must have appeared within three years after separation. Multiple sclerosis must have appeared within seven years after separation.
Amyotrophic Lateral Sclerosis , also known as Lou Gehrig’s Disease can appear any time after separation from service. Because service connection is presumed, it is not required to produce evidence for service connection only evidence of the manifestation of the disorder or disease. A claim for ALS is automatically granted at any time application is made.
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How Is Parkinsons Rated
Parkinsons disease is not evaluated as to its own condition in the VA rating schedule. Instead, it is evaluated based on its symptoms. A Veteran who has an ascertainable residual and is service-connected for Parkinsons is entitled to a minimum 30% evaluation based on rating code 8004 Paralysis agitans. An ascertainable residual is a symptom that a layperson is capable of observing. Many of the symptoms of Parkinsons fit this description, such as tremors, slowed movement, poor posture, and difficulty speaking. ;The VA often fails to provide even the 30% minimum evaluation and erroneously provides a lower rating.
To receive a VA disability rating for Parkinsons higher than 30%, you must evaluate each additional ascertainable residual separately. Once each ascertainable residual is granted a separate rating, they are combined with the 30% base rating to create the overall evaluation.
What Compensation May Be Available To Victims Of Paraquat
The manufacturers of chemical herbicides such as Paraquat are obligated to bring products to market that do not pose an unreasonable danger to users and are free from defects.
When a product is characterized by risks known to its maker, adequate warnings must be provided to potential purchasers and users, and when that does not happen, it is important that corporations be held fully accountable for the real-life consequences that follow.
As such, if you have suffered harm as a result of Paraquat exposure, you may be eligible to receive substantial financial compensation that could include:
- Past, present and future medical expenses
- Lost wages
- Payment for physical pain and suffering
- Payment for emotional distress and lost quality of life
- Funeral expenses for those who have died as a result of exposure
Read Also: Can Parkinson’s Run In The Family
We Provide Quality Legal Assistance To People Injured By Paraquat Exposure
With over 25 years of experience in providing quality legal assistance to people injured by toxic exposure, our attorneys are ready to help you recover the compensation you deserve if you used paraquat on a regular basis and subsequently received a Parkinsons disease diagnosis. There are no homeowner uses and no products registered for application in residential areas because paraquat formulations are classified as restricted use by the U.S. EPA due to their acute toxicity. Consequently, only those directly exposed to paraquat in their workplace and families living around farming communities are eligible for compensation from the liable companies. Although the legal process is complex and tedious, your involvement will be minimal, as we are aware that most of our clients are in great physical and emotional suffering. Thereby, you will only need to send our legal experts evidence of your paraquat use, as well as your medical records as proof of related diagnosis. Within several months to one year following claim submission, you will receive the maximum compensation you are entitled to from all the liable companies who manufactured the herbicide you were exposed to. For more information, please feel free to contact our law firm and we will gladly answer your questions.
What To Expect At Your Appointment
When you first begin the Parkinsons diagnosis process, youll need to visit your primary care physician. From there, they may refer you to a neurologist if they think your symptoms may indicate Parkinsons disease.;A neurologist;specializes in nerve disorders, especially those that affect the brain.
At your appointment, your doctor will ask you a number of questions about your medical history. Theyll want to know when your symptoms began, whether the symptoms come and go, and if anything seems to improve your symptoms;or make them worse. Depending on what they find, they may want to order some of the additional tests we discussed.
Recommended Reading: Essential Oils Parkinsons
Does Paraquat Cause Parkinsons Disease
Studies show that there is a link between Paraquat and Parkinsons disease. Paraquat creates oxidative stress that kills dopamine-producing neurons. According to Adams v. Syngenta et al., Paraquat is one of only a handful of toxins that scientists use to produce animal models of Parkinsons disease.
You can file a lawsuit if you were exposed to paraquat and developed Parkinsons disease.
- If you are an agricultural worker, farmer, licensed paraquat applicators, growers, pickers, and landscapers
- People who live near farmland sprayed with paraquat
- Anyone who works around commercial weed killers and pesticides
Make sure to choose an experienced lawyer to help you with your Paraquat lawsuit to ensure that you will be able to properly build your case.
Here are some key items to look for in a paraquat lawyer:
- A Free Case Review: Look for a firm that offers free, no-obligation consultation on your paraquat legal claim.
- A Successful Track Record: Make sure to check the track record of the attorneys if they had cases like this in the past.
- Make sure to look for a firm that is established and has resources to fight for paraquat cases.
- A Nationwide Reach: Make sure your attorney knows the ins and outs of laws in your state.
Motor Compensation In Parkinsons Disease: A Multimodal Neuroimaging Study
N. Villain, N. Pyatigorskaya, S. Lehericy, R. Vallabregue, S. Fernandez-Vidal, MO. Habert, G. Mangone, JC. Corvol, M. Vidailhet, D. Grabli
Location: Les Muses, Level 3
Objective: To study;motor compensation mechanisms in Parkinsons disease.
Background: Whereas akinesia in Parkinsons disease is linked to dopaminergic neurons death and striatal dopamine depletion, discrepancies between the degree of nigro-striatal denervation and the severity of akinesia;were observed leading to the hypothesis of motor compensation. Several mechanisms underlying this compensation both at the striatal dopaminergic synapse level and at the network level have been described but never investigated in vivo in PD patients.
Results: PD and iRBD patients had a significant decrease of;123I-FP-CIT-SPECT fixation in all the subareas of the striatum and a significant alteration of the neuromelanin intensity x volume value. In the multiple regression analysis, ;aMSI was negatively correlated to the simple functional connectivity between the sensorimotor striatum and the associative parietal cortex, the ReHo within the cerebellar lobules VII and VIII and within the associative parietal cortex. It was positively correlated to the simple functional connectivity between the cerebellar lobules V and VI and the primary motor cortex and to the simple functional connectivity between the cerebellar lobules V and VI and the superior parietal lobule.
To cite this abstract in AMA style:
Who Is Exposed To Paraquat
Agricultural workers and their families are those most commonly exposed to paraquat. However, people living near farms and fields can also be exposed. The following people are at high risk of exposure:;
- Farmers, farmworkers, landscapers, and agricultural workers
- Families members of and any other people living with farmers, farmworkers, landscapers and agricultural workers
- Residents of rural areas near farmland sprayed with paraquat
- Anyone who works with or around professional-grade pesticides
- Anyone who lives near places where professional-grade pesticides are sprayed
What If My Disease Isn’t Recognized As Linked To Agent Orange
If you are not eligible for presumptive service connection under the above requirements, you can still apply for disability benefits based on direct service connection.
You can establish direct service connection by:
- proving exposure to Agent Orange while on active military duty
- showing medical evidence of a current disability, and
- having medical evidence linking the current disability to Agent Orange.
Also, periodically check VA’s list of diseases related to Agent Orange to see if your disease has been added; the VA adds new diseases to the list based on medical research from the Institute of Medicine.
Read Also: Can Parkinson’s Run In The Family
Join This Paraquat Parkinsons Disease Injury Lawsuit
If you or a loved one were diagnosed with Parkinsons disease or believe you are experiencing the onset of Parkinsons disease symptoms after exposure to Paraquat, you may qualify to join this Paraquat Parkinsons disease injury lawsuit investigation.;
Learn more by filling out the form on this page for a free case evaluation by a Paraquat Parkinsons disease injury lawyer.;
Notes From C & P Exam
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“He is participating in cardiac rehab and exercising 45;minutes on treadmill and bicycle without chest pain now. He brings;document from cardiac rehab showing he has met level of 3.2 right now;with exercise. Also the document shows blood pressure measurements of;commonly 140s to 180s systolic. Veteran is asymptomatic. During;exertion with moderate exercise he will get short of breath.” ;;In the C & P notes, the examiner had this to say “Veteran has had successful coronary artery bypass and normal;systolic function on echocardiogram so it is not reasonable that he;has significant limitation from cardiac etiology. ; His current;limiting symptoms of dyspnea and fatigue likely result from;deconditioning and hypertension which was quite high today and has;resulted in moderate left ventricular hypertrophy on;echocardiogram. ;Also, and probably most significantly, he has a lifelong history ofsmoking and very likely has emphysema. ;If he had no other medical conditions apart from coronary atherosclerosis s/p cabg, ;I expect his functional capacity would be;in the METs 5-7 range.”
Read Also: 4 Cardinal Signs Of Parkinson’s Disease