Veterans Disability Compensation - Factors to Consider When Filing a Claim
If you're a service member suffering from a disability or a parent of a veteran in need of veterans disability compensation You may find that you qualify for compensation for your condition. There are a number of aspects that you should take into consideration when submitting claims for
veterans disability compensation. These are:
Gulf War veterans are eligible for service-connected disabilities.
During the Gulf War, the U.S. military sent more than 700 thousand troops to Southwest Asia. Many of them returned with neurological issues and memory issues. They also had chronic health issues. These veterans might be eligible for disability benefits. They must meet certain requirements to be eligible for disability benefits.
To be eligible for a claim, it must have been submitted while the veteran was in active duty. It also has to be connected to active duty. For instance those who served during Operation New Dawn must have suffered from memory issues after the time he or she quit service. In addition the veteran must have served continuously for at least 24 months.
A Gulf War veteran must have a disability rating of at least 10% to be qualified for compensation. The rating increases each year that the veteran receives the disability. Additionally the veteran is eligible for
Veterans Disability Compensation 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 ailments include a variety of infective diseases, such as gastrointestinal tract infections. VA also acknowledges that some veterans suffer multi-symptom illnesses after serving in the Gulf. These conditions are known as presumptive. VA uses presumptions to speed up the service connection process.
The Department of Veterans Affairs continues its efforts to conduct research into the medical conditions that were associated with the Gulf War. A group of experts from both the Department of Defense and VA met to discuss the current state of Gulf War related illnesses. They have concluded that the majority of veterans are under-rated for their service-connected disabilities.
Throughout this process in the past, the VA has been hesitant to confirm Gulf War Syndrome. To be eligible, the patient must be diagnosed of disability and the diagnosis must have been made within the timeframe of the VA. For Gulf War veterans, the VA has established the deadline of December 31st, 2026 to be eligible for Gulf War Syndrome.
To be eligible to be considered an Gulf War Syndrome disability, your illness must have lasted at minimum six months. The disease must progress over the six-month time frame. It can be worse or better. The patient will be awarded disability compensation for the MUCMI.
Service connection that is aggravated
The bodies of the elderly can be affected by stress and strenuous physical exercise. This can result in an increase in mental health symptoms. This is regarded as an aggravation of a medical condition by the Department of Veterans Affairs (VA). It is recommended to provide the evidence of a medical history to show that there is an aggravated connection to military service.
To improve clarity and consistency In order to increase clarity and consistency, Department of Veterans Affairs proposed minor technical changes at 38 CFR 3.306 & 3.310. The goal is to clarify the meaning of "aggravation," align it with 38 CFR 3.306 and define it in a clear and concise way. It proposes to divide paragraph 3.310(b) which includes general guidelines, into three paragraphs. It proposes to use more consistent terminology and to use the term "disability" instead of "condition" to avoid confusion.
The VA's plan is in line with court precedent. The Veterans Court found that the VA could use the "aggravation term in the case of a permanent worsening." The court referenced Alan v. Brown 7vet. app. 439, which stated that a VA adjudicator can decide to award a service connection based upon the "aggravation of a nonservice-connected disability."
The court also cited the Ward v. Wilkie decision, which holds that the use of the "aggravation" word is not limited to cases of permanent worsening. However this case only involved the secondary service connection and the court did not conclude that the "aggravation" was evaluated in the same manner as the "agorasmos" of the original statutes.
To determine an aggravated service connection the veteran must show evidence that their medical condition was aggravated through their military service. The VA will assess 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
veterans disability compensation mental stress the veteran experienced during his or her time in the military.
For many veterans, the best way to show an aggravated service connection is to provide an unambiguous, complete medical record. The Department of Veterans Affairs will look at the details of the case in order to determine a rating which is the amount of compensation a veteran is due.
Presumptive connection to service
Those who are veterans could be eligible for VA disability compensation based on presumptive service connection. Presumptive connections occur when the Department of Veterans Affairs recognizes the illness as being connected to service, even if there's no evidence of having been exposed to or acquiring that disease during active duty. Presumptive service connections are available for certain tropical ailments, as well as diseases that have specific time frames.
The Department of Veterans Affairs proposes an interim final rule to allow more veterans to meet eligibility criteria to be considered for presumptive service connections. The current requirement for this kind of claim is a 10-year period of manifestation. However the Department of
veterans disability law Affairs supports a shorter period of manifestation which will permit more veterans to seek treatment.
Many
veterans disability litigation will be able to prove their service applying the presumptive-connection criteria. Presumptive connections will be granted to veterans who have been diagnosed with thyroid cancer while serving but who did not provide evidence during the qualifying period.
Other types of illnesses that qualify for a presumed service connection are chronic respiratory illnesses. These medical conditions must be diagnosed within one year of the veteran's removal from military service, and the veteran must have suffered from the illness during the presumptive period. The timeframe will vary depending on the condition, but it can generally be anything between a few months and several decades.
Some of the most commonly claimed chronic respiratory conditions include rhinitis, asthma and rhinosinusitis. These diseases have to be present in a proportionate manner, and veterans must have been exposed to airborne particles during their service. The Department of Veterans Affairs will continue to evaluate presumptive military connections for asthma, rhinitis, and nasal congestion. The Department of Veterans Affairs won't require that these conditions be present at a degree that is compensable.
The Department of Veterans Affairs will review other presumptive service-related claims and determine if the claimant is eligible to receive VA disability compensation. The Department of Veterans Affairs will assume that a veteran has been exposed during their service to hazardous substances such as Agent Orange.
There is a deadline for filing a claim
Depending on the type of claim, it could take up to 127 days for the Department of Veterans Affairs to process your claim. This includes the actual review and collection of evidence.