Thomas Burns, PA

I am a VA accredited lawyer who enjoys sharing my thoughts about the VA system. Post questions you want answered.

Why 30% of military veterans get disability benefits, forcing Congress to scramble 11/01/2024

https://www.csmonitor.com/USA/Military/2024/0920/military-veterans-disability-benefits-congress

Why 30% of military veterans get disability benefits, forcing Congress to scramble An emergency spending bill heads to President Joe Biden on Friday to ensure veterans continue to receive benefits. A rapid rise in disability claims drives the surge in costs for the Department of Veterans Affairs.

VA.gov | Veterans Affairs 10/31/2024

https://www.benefits.va.gov/reports/mmwr_va_claims_backlog.asp

VA.gov | Veterans Affairs Apply for and manage the VA benefits and services you’ve earned as a Veteran, Servicemember, or family member—like health care, disability, education, and more.

Appealing A VA Decision To The Appeals Court 10/31/2024

https://www.military.com/benefits/military-legal-matters/appealing-to-appeals-court.html

Appealing A VA Decision To The Appeals Court If you are not satisfied with any of the appeal decisions you have received from the VA, you can appeal to a higher court

Filing A Board Appeal 10/30/2024

https://www.military.com/benefits/military-legal-matters/filing-board-appeal.html

Filing A Board Appeal If you disagree with VA's decision on your benefits claim you can request a hearing from the Board of Veterans Appeals.

Filing a Higher Level Appeal 10/29/2024

https://www.military.com/benefits/military-legal-matters/filing-higher-level-appeal.html

Filing a Higher Level Appeal If you disagree with VA's decision on your claim for benefits you can request a higher level review.

Filing a Supplemental Appeal 10/28/2024

https://www.military.com/benefits/military-legal-matters/filing-supplemental-appeal.html

Filing a Supplemental Appeal If you disagree with VA's decision on your claim you can file a supplemental claim to appeal their ruling.

The Appeals Process 10/25/2024

https://www.military.com/benefits/military-legal-matters/the-appeals-process.html

The Appeals Process You can appeal VA's decision on your claim for benefits. We explain how.

Your 2024 State Veteran Benefits 10/24/2024

https://www.military.com/benefits/veteran-state-benefits/state-veterans-benefits-directory.html

Your 2024 State Veteran Benefits There are great federal benefits offered to veterans. Did you know there are also state-specific veteran benefits? Find out the benefits your state offers.

How online content creators are influencing conversations affecting veterans 10/23/2024

https://www.dav.org/learn-more/news/2024/how-online-content-creators-are-influencing-conversations-affecting-veterans/

How online content creators are influencing conversations affecting veterans Like many veterans, when Jason left the Marines in 1997, he felt the military’s mandatory transition classes left him unprepared to navigate the complex world of veterans benefits. “[I was] like a deer in headlights,” he said. “Not sure where to go. Not sure what to do. Not sure what resourc...

VeteranAi | Veteran Founded AI Support Tool 10/22/2024

This tool is awesome!!

VeteranAi | Veteran Founded AI Support Tool VeteranAi offers comprehensive support for veterans navigating benefits. As a veteran-founded company, we specialize in leveraging AI to help veterans, in partnership with accredited organizations.

Bipartisan Support Grows for Pappas Bill to Protect Veterans’ Benefits from Predatory Claim Sharks | Congressman Chris Pappas 10/21/2024

https://pappas.house.gov/media/press-releases/bipartisan-support-grows-for-pappas-bill-to-protect-veterans-benefits-from-predatory-claim-sharks

Bipartisan Support Grows for Pappas Bill to Protect Veterans’ Benefits from Predatory Claim Sharks | Congressman Chris Pappas This week, the Problem Solvers Caucus - a group evenly split between Republicans and Democrats - endorsed Congressman Chris Pappas (NH-01)’s Governing Unaccredited Representatives Defrauding (GUARD) VA Ben

‘Claim sharks’ or helping veterans? Companies charging fees to up VA benefits are on the rise 10/18/2024

https://kdhnews.com/news/local/claim-sharks-or-helping-veterans-companies-charging-fees-to-up-va-benefits-are-on-the/article_5a8c2890-6280-11ef-b4c0-9b5bbf8042ad.html

‘Claim sharks’ or helping veterans? Companies charging fees to up VA benefits are on the rise The number of companies unaccredited by the Department of Veterans Affairs purportedly helping military veterans has been on the rise in recent years, including in the Killeen-Fort Cavazos area.

VERIFYING what Project 2025 says about veterans’ benefits 10/17/2024

https://www.verifythis.com/article/news/verify/project-2025-verify/what-project-2025-says-veterans-benefits/536-b3f19a24-2def-418a-b0ca-2e6ff0146269

VERIFYING what Project 2025 says about veterans’ benefits We’ve received dozens of reader questions about whether Project 2025 calls for cutting veterans’ benefits. Here’s what the plan proposes.

VA worker errors when reviewing claims for full disability cost $100M, auditors say 10/16/2024

https://www.legion.org/information-center/news/veterans-benefits/2024/august/va-worker-errors-when-reviewing-claims-for-full-disability-cost-100m-auditors-say

VA worker errors when reviewing claims for full disability cost $100M, auditors say About 75% of claims for a 100% disability rating that auditors reviewed between May 2022 and April 2023 were improperly processed, resulting in overpayments and underpayments.

How to Avoid VA Claim Sharks 10/15/2024

https://benefits.com/veterans-disability/how-to-avoid-va-claim-sharks/

How to Avoid VA Claim Sharks Learn how to identify and avoid VA claim sharks, protect your benefits, and find legitimate help with your VA claims process.

Photos from Thomas Burns, PA's post 10/11/2024

2025 pay charts

10/09/2024

It’s official. As of today I have become accredited by the VA. This is one of the main things I have been waiting for to start the YouTube channel. This way I will not be violating the law helping veterans prepare and prosecute their claims. Unlike claim sharks.

10/09/2024

Four Things to Know About the COLA

The COLA Increase is Never Guaranteed from Year to Year
There is nothing written in any law that says veterans are automatically entitled to receive a cost-of-living adjustment from year to year. Instead, Congress must pass a bill authorizing the COLA increase and that bill must be signed by the President before it becomes effective. It just so happens that these bills are rarely controversial from one year to the next and receive considerable support from both sides of the political aisle.

The Amount of the COLA Increase is Tied to the Consumer Price Index
Congress does not set the amount of the increase in benefits arbitrarily. Nor does Congress list a specific dollar figure by which benefits are to increase. Instead, Congress determines the size of the COLA increase by looking to the Consumer Price Index, a measurement tool that looks at the change in goods and services over a period of time. Based on this, the COLA increase is decided upon and expressed as a percentage change.

This Year’s COLA Increase is Less Than 2023’s Increase
Veterans receiving disability benefits last year experienced one of the most significant COLA increases in recent times. In recognition of the effect that inflation was having on the cost of goods and services, Congress approved a COLA increase of over eight percent last year. This increase went into effect in January of 2023.

This year’s COLA increase is much smaller, only 3.2 percent. This means that a veteran living alone with no children and with a 30 percent disability rate can expect to see their monthly benefit amount jump from $508.05 per month to $523.29 per month. Veterans who are currently receiving VA disability benefits can estimate their new benefit amount by multiplying their current benefit by 3.2 percent.

Veterans Will Have to Wait to See the Increased Benefit Amount
Although the law authorizing the COLA increase was signed into law in June and the amount of the COLA increase was unveiled earlier this month, beneficiaries will have to wait until January 2024 to start receiving the updated benefit amount.

2024 and Projected 2025 VA Disability Pay Charts 10/08/2024

https://themilitarywallet.com/va-disability-pay-rates-rise/

2024 and Projected 2025 VA Disability Pay Charts VA disability compensation rates increased by 3.2% in 2024. In 2025, VA disability pay rates are expected to increase by roughly 2.5%.

10/02/2024

Florida Man Charged with COVID-19 Fraud Schemes
Publish Date
October 1, 2024
Category: Fraud Related to COVID-19
District: Florida, Southern
Teaser Content
Nabil Nahlah, of Miami Beach, Florida, was charged with one count of fraud for selling millions of dollars of personal protection equipment to the VA during the COVID-19 pandemic. Allegedly, Nahlah, through his company, The Noble Attorney, made bids on various procurement requests from the VA for items like medical masks and examination gloves. He won the contracts by making false and fraudulent representations, namely by claiming that his firm was an authorized distributor or reseller of the equipment and that he had the qualifying equipment in stock and available for immediate delivery. Once awarded the lucrative contracts, Nahlah shipped non-conforming PPE to the VA, including counterfeit medical masks. The VA OIG and the FDA Office of Criminal Investigations investigated this case, one of several recently prosecuted by the Department of Justice in South Florida.

09/27/2024

If you’re having a C&P exam this read is for you. It’s in fact revenant to all Veterans

www.vaoig.gov

09/26/2024

https://www.vaoig.gov/sites/default/files/document/2024-09/2024-09-19_hvac_tm_va_oig_jennifer_mcdonald_testimony.pdf

www.vaoig.gov

09/25/2024

Insomnia straight from the VA playbook

M21-1, Part V

V.iii.13.1.l. Considering SC for Insomnia

Carefully consider the evidence of record when deciding SC for insomnia. Insomnia is generally considered a symptom of another disability due to coexisting medical or neurological conditions. Insomnia can occur as an independent condition or can be a symptom associated with another mental disorder (for example, major depressive disorder), medical condition (for example, pain), or another sleep disorder (for example, a breathing-related sleep disorder).

When insomnia is adequately identified as a symptom of another underlying disability, SC should be established for that diagnosis rather than for "insomnia," and the insomnia symptoms should be included in the evaluation for the primary SC disability. A separate evaluation is not warranted for insomnia that is considered secondary to, or a symptom of, another disability.
However, SC can be established on a direct basis for "insomnia" in the absence of a known or established underlying etiology if there is
an event in service (such as a diagnosis of primary insomnia or insomnia disorder in service)
a current diagnosis of insomnia disorder meeting DSM-5 diagnostic criteria
a nexus establishing insomnia disorder post service is connected to the event in service, and
the condition is not associated with any other disease or injury.
Important: A separate SC evaluation for a diagnosis of insomnia disorder is only warranted if all other potential causes are ruled out and SC can be established on a direct basis.
Notes:
DSM-5 revised the diagnostic terminology from “primary insomnia” to “insomnia disorder.” In both the current and prior versions of DSM, the diagnostic criteria includes ruling out all other potential causes. Accordingly, a valid diagnosis of insomnia disorder meeting DSM-5 criteria means that the insomnia condition is not caused by (or secondary to) any other condition.
When evaluating insomnia disorder, rate analogously under an appropriate DC in 38 CFR 4.130.
Reference: For more information on analogous ratings, see
38 CFR 4.20
M21-1, Part V, Subpart iv, 1.C.2, and
M21-1, Part V, Subpart ii, 3.D.1.c.

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Law Offices of Thomas Burns

I opened The Law Offices of Thomas Burns in January 2005. I have spent my entire career fighting for the rights of individuals, from my 6 1/2 years in the United State Marine Corps until present. I promise to fight everyday for the Second Amendment and the entire Constitution!

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Rison, AR