Veterans Disability Compensation - Factors to Consider When Filing a Claim
You may be eligible to receive the compensation you deserve for your disability regardless of whether you're a veteran or a servicemember who is suffering from an impairment. When filing a claim to receive veterans disability compensation, there are many factors you need to take into consideration. These include:
Gulf War veterans can be qualified for disability due to service.
During the Gulf War, the U.S. military sent more than 700 thousand troops to Southwest Asia. Many of these veterans returned to their homes with memory and neurological issues. They also had chronic health conditions. They may be eligible for disability benefits. These veterans must meet certain criteria to be eligible for disability benefits.
To be eligible for a claim, it must have been made while the veteran was on active duty. It must also be linked to their active duty. For example those who served during Operation New Dawn must have developed memory problems after when they left the service. A veteran must also have been in continuous service for at least 24 consecutive months.
To allow a Gulf War veteran to receive compensation, the disability must be evaluated at least 10%. The rating grows each year the veteran is awarded the disability. Veteran may also be eligible for additional benefits for their dependents.
The Department of Veterans Affairs (VA) is adamant that illnesses that occur during the course of service as being service-connected. These illnesses include several infections, including digestive tract infections. VA also recognizes that some veterans suffer from multi-symptomatic illnesses following their service in the Gulf. These conditions are called presumptive. Presumptions are a method employed by VA to speed up the service connection process.
The Department of
veterans disability attorney Affairs continues its efforts to conduct research into the medical conditions caused by the Gulf War. In addition, a group of subject matter experts from the Department of Defense and VA have been discussing the current status of Gulf War-related diseases. They have discovered that a majority of veterans are under-rated for their service-related disabilities.
Throughout this process, the VA has been hesitant to establish Gulf War Syndrome. To be considered eligible, a patient must be diagnosed with a disability and the diagnosis must be made within VA's timeframe. In particular, the VA has set a deadline of December 31st, 2026 for Gulf War veterans to qualify for Gulf War Syndrome.
To be eligible for a Gulf War Syndrome disability, the illness must last at least six months. The condition must develop over the six-month period. It can become worse or better. The patient will be awarded disability compensation for the MUCMI.
Aggravated service connection
The bodies of veterans can be impacted by intense stress and strenuous physical exertion. This could lead to an increase in mental health symptoms. This is considered to be an aggravation of a medical condition by the Department of Veterans Affairs (VA). It is best to provide evidence of a clear medical history to prove that there is a heightened connection to military service.
The Department of Veterans Affairs recently proposed minor technical modifications to 38 CFR 3.306 and 3.310 to make clarity and consistency apparent. Its intent is to clarify the definition of "aggravation," align it with 38 CFR 3.306, and define it in a clear and concise way. It also proposes to split paragraph 3.310(b) into three paragraphs, which include general guidance and more specific guidance. To avoid confusion, it proposes to use a more consistent terminology and to use "disability" rather than "condition".
The VA's plan is the tradition of court precedent, as the Veterans Court found that the use of the "aggravation" term was not restricted to instances of permanent worsening. The court cited the decision in Alan v. Brown 7vet. app. 439 that held that an VA adjudicator can decide to award a service connection based on the "aggravation" of a disability that is not service connected.
The court also pointed to the Ward v. Wilkie decision, which declares that the use of the "aggravation" word is not restricted to instances of permanent worsening. The case did NOT involve any secondary service connections and it did not decide that the "aggravation", as defined in the original statutes was the same.
To determine an aggravated connection to service the veteran must show evidence that their pre-existing medical condition was aggravated through their military service. The VA will determine the extent of the disability that is not service-connected prior to and during the time of service. It will also consider the physical and mental stress the veteran faced during their service in the military.
Many
veterans disability attorneys feel that the best way to prove that they have an aggravated link to military service is to present the complete medical records. The Department of Veterans Affairs will review the circumstances of the case in order to determine a rating, which is the amount of compensation the veteran is due.
Presumptive service connection
Those who are veterans may qualify for VA disability compensation based on presumptive service connection. Presumptive service connection implies that the Department of Veterans Affairs has decided to accept a disease as being service-connected, despite no specific evidence of having been exposed to or acquiring the illness during active duty. Presumptive connections to service are available for certain tropical diseases, as well as diseases with specific timeframes.
The Department of Veterans Affairs proposes an interim final rule that will allow more veterans who meet the criteria for eligibility for presumptive service connections. Currently, a 10 year manifestation period is required for this kind of claim,
Veterans Disability Case however, the Department of
veterans disability settlement Affairs supports the shorter manifestation timeframe and allows more veterans to seek treatment.
Many veterans will find it easier to prove their service by applying the presumptive connection requirements. Presumptive connections will be granted to veterans who were diagnosed with thyroid cancer during service but were not able to prove it during the time of qualifying.
Chronic respiratory disorders are another kind of disease that can be considered for a presumed connection to service. These medical conditions need to be diagnosed within one year after the veteran's departure from service, and also the veteran must have developed the illness during the presumptive time. The time frame will vary according to the condition however it could vary from a few months to several decades.
Asthma, rhinosinusitis and rhinitis are among the most commonly reported chronic respiratory illnesses. These conditions must manifest to a degree that is compensable and veterans must have been exposed to airborne particles during their military service. In this regard, the Department of Veterans Affairs will continue to adjudicate presumptive service connections for rhinitis, asthma and nasal congestion. However, the Department of Veterans Affairs will not require that these conditions be present at an extent that is compensable.
The Department of
veterans disability claim Affairs will look into other presumptive claims relating to service and determine if the claimant is eligible for VA disability compensation. For instance the Department of veterans disability Case (
mobilegametrades.com) Affairs will presume that a veteran was exposed to dangerous substances, such as Agent Orange, during service.
The time limit for filing a claim
The Department of Veterans Affairs can take up to 127 business days to process your claim depending on the type of claim. This includes the actual review process and the gathering of evidence.