Veterans Disability Compensation - Factors to Consider When Filing a Claim
You could be eligible for compensation for your disability, whether you're a veteran or a servicemember who is currently suffering from an illness. There are a number of aspects you should consider when filing an application for compensation for veterans disability. These are:
Gulf War
veterans disability legal are eligible for service-connected disabilities
During the Gulf War, the U.S. military sent over 700 thousand troops to Southwest Asia. Many of them returned with neurological issues and memory issues. They also had chronic health conditions. These veterans might be eligible for disability benefits. However, in order to qualify they must meet certain criteria.
To be qualified for a claim, it must have been filed when the veteran was in active duty. It must also be related to his or her active duty. For instance in the case of a veteran who served during Operation New Dawn and later developed memory problems, the symptoms must have begun while in the service. A veteran must have served continuously for at minimum 24 consecutive months.
To allow a Gulf War veteran to receive compensation, the disability must be rated at least 10%. This rating is increased each year that the veteran receives the disability. Additionally, a veteran qualifies for additional benefits for their dependents.
The Department of Veterans Affairs (VA) takes illnesses that occurred during service to be service-connected. These ailments include a range of infective diseases, including gastrointestinal tract infections. VA has also acknowledged that some veterans developed multi-symptom diseases after their service in the Gulf. These conditions are referred to as presumptive. VA uses presumptions to accelerate the connection process.
The Department of Veterans Affairs continues its support for research into the medical conditions caused by the Gulf War. Additionally, a group of subject matter experts from the Department of Defense and VA have been meeting to discuss the current state of Gulf War-related diseases. They have determined that most veterans are not being adequately rated for their service-related disabilities.
The VA was reluctant to validate Gulf War Syndrome during this process. To be eligible, a patient must have a diagnosed disability and the diagnosis must be made within timeframe of the VA. For Gulf War veterans, the VA has set an end date of December 31, 2026 to be qualified for Gulf War Syndrome.
In order to qualify for a Gulf War Syndrome disability, the condition must last at least six months. Within that period of six months the disease has to progress becoming worse or better. The MUCMI will pay the patient disability compensation.
Service connection with aggravating effect
During a time of intense physical and mental stress the body of a former soldier can be affected. This can cause mental health problems to worsen. The Department of Veterans Affairs (VA) considers this to be an aggravation of a pre-existing medical condition. In general, the best way to prove an aggravated service connection is to provide concrete evidence of a complete medical record.
The Department of Veterans Affairs recently proposed minor technical changes to 38 CFR 3.306 and 3.310 to make clarity and consistency apparent. The goal is to clarify the definition of "aggravation," align it with 38 CFR 3.306, and define it in a concise and clear way. It proposes to split paragraph 3.310(b) which includes general guidance, into three paragraphs. To to avoid confusion, it is suggested to employ a more consistent term and
veterans Disability Law to use "disability" rather than "condition".
The VA's suggestion is in line with court precedent. The Veterans Court found that the VA could make use of the "aggravation term in cases of permanent worsening." The court referenced Alan v. Brown 7vet. app. 439, which held that an VA adjudicator could grant a service connection on the "aggravation" of an impairment that is not service connected.
The court also cited the Ward v. Wilkie decision, which declares that the use of the "aggravation" word is not restricted to instances of permanent worsening. However the case concerned only the secondary service connection and it was not able to decide that the "aggravation" was defined in the same manner as the "agorasmos" of the original statutes.
A veteran must show evidence that the military experience has aggravated their medical condition that they had previously suffered from. The VA will evaluate the severity of the non-service-connected disability before and during service. It will also take into account the mental and physical hardships the veteran faced during his or her time in the military.
For many
veterans disability settlement, the best way to show an aggravated service connection is to show an unambiguous, complete medical record. The Department of Veterans Affairs will review the facts of the case and determine the rating, which will indicate the amount of compensation to which the veteran is entitled.
Presumptive connection to service
Presumptive connections to service can allow veterans to be eligible for VA disability compensation. Presumptive connections occur when the Department of Veterans Affairs recognizes that a condition as being service-connected regardless of whether there is evidence of exposure or incurrence of the disease in active duty. In addition to diseases that have specific time frames, a presumptive service connection is also provided for certain illnesses that are connected to tropical areas.
The Department of Veterans Affairs proposes an interim final rule to allow more veterans disability law (
Suggested Browsing) who meet the criteria for eligibility for presumptive connections to service. The current requirement for this kind of claim is a 10-year period of manifestation. However the Department of Veterans Affairs supports a shorter timeframe for manifestation which will allow more veterans to seek treatment.
The presumptive criteria for service connection will ease the evidentiary burden for many
veterans disability settlement. For example when the thyroid cancer of a veteran was diagnosed during their service however no evidence of the illness was found during the time of qualifying and a presumptive service connection will be granted.
Other types of diseases that are eligible for a presumptive service connection are chronic respiratory illnesses. These conditions have to be diagnosed within one-year of the veteran's separation. The veteran must also have been diagnosed during the presumptive time period. The duration of the illness will vary depending on the condition however for the major
Veterans disability law part, it will be any time from a few weeks to a few years.
Asthma, rhinosinusitis and rhinitis are among the most frequent chronic respiratory ailments. These conditions must be present in a compensable manner and
veterans disability attorney must have been exposed during military service to airborne particles. For these reasons, the Department of Veterans Affairs will continue to determine presumptive service connections for asthma, rhinitis and nasal congestion. The Department of Veterans Affairs won't insist that these conditions present at a degree that is compensable.
For other categories of presumptive service connected claims for other presumptive service-related claims, the Department of Veterans Affairs will consider a variety of factors to determine if a claimant is entitled to VA disability compensation. The Department of Veterans Affairs will assume that a veteran has been exposed to dangerous substances such as Agent Orange.
Time frame for filing a claim
Based on the nature of your claim, it could take up to 127 days for the Department of Veterans Affairs to take your claim. This includes evidence gathering and the actual review process.