veterans disability claim Disability Compensation - Factors to Consider When Filing a Claim
If you are a military member suffering from a disability, or a parent of a veteran in need of veterans disability compensation and you are eligible for compensation for your condition. There are several factors you need to consider when submitting an application for compensation for veterans' disability. These are:
Gulf War veterans can be eligible for service-connected disabilities
The U.S. sent more than 700,000 troops to Southwest Asia during the Gulf War. Many of these veterans returned to their homes with neurological issues and memory issues. They also had chronic health conditions. These veterans could be eligible for disability benefits. However, to qualify the veterans must meet certain requirements.
For a claim to be considered, it must have started while the veteran was serving in the service. It also has to be connected to his or her active duty. For instance an individual who served during Operation New Dawn must have developed memory problems after when they left the service. In addition, a veteran must have served continuously for at least 24 consecutive months.
In order for a Gulf War veteran to receive compensation, the disability must be rated at a minimum of 10 percent. The rating grows each year the veteran is awarded the disability. Veteran may also be eligible to receive additional benefits for their dependents.
The Department of Veterans Affairs (VA) takes illnesses that occurred during service to be related to service. These illnesses include several infective diseases, such as 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 technique used by VA to simplify the process of connecting service.
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 subject matter experts from both the Department of Defense and VA met to discuss the state of affairs of Gulf War related illnesses. They found that many veterans are underrated in terms of service-related injuries.
During this process in the past, the VA has been reluctant to establish Gulf War Syndrome. To be eligible, a patient must have a diagnosis of disability and the diagnosis must have been made within the timeframe of the VA. For Gulf War
veterans disability lawsuit, the VA has set the deadline to be December 31st, 2026 to be qualified for Gulf War Syndrome.
To be qualified to be considered a Gulf War Syndrome disability,
Veterans disability case your disease must have lasted for at least six months. During that six-month period the disease has to progress,
veterans disability case getting better or worse. The MUCMI will compensate the disabled patient.
Service connection that is aggravated
The bodies of veterans can be impacted by extreme stress and strenuous physical exertion. This can cause mental health issues to worsen. This is considered an aggravation of a medical condition by the Department of Veterans Affairs (VA). Generally, the best way to prove an aggravation of a service connection is to provide concrete evidence of a thorough medical record.
The Department of Veterans Affairs recently proposed minor technical modifications to 38 CFR 3.306 and 3.310 to ensure clarity and consistency. It seeks to clarify the meaning of "aggravation" and align it with 38 CFR 3.305 and make it concise and clear. It proposes to break down paragraph 3.310(b) and the general guidance into three paragraphs. To to avoid confusion, it is suggested to use a more consistent terminology and to use "disability" instead of "condition".
The VA's suggestion is in line with the precedent of the courts. The Veterans Court found that the VA could make use of the "aggravation term in cases of permanent worsening." The court cited the decision in Alan v. Brown 7vet. app. 439, in which it was held that the VA adjudicator could award a service connection based on the "aggravation" of an impairment that is not service connected.
The court also referenced Ward v. Wilkie, which held that the "aggravationword can be used to describe permanent worsening. The case did not concern a secondary service connection and it did NOT hold that the "aggravation" as defined in the original statutes, was the same.
To determine an aggravated service connection an individual veteran must provide evidence that their pre-existing medical condition was exacerbated by their military service. The VA will examine the degree of severity of the non-service related disability prior to the commencement of the service and for the time of the service. It will also consider the physical and mental hardships the veteran faced during their time in the military.
Many veterans feel that the most effective way to prove that they have an aggravated link to military service is to present a complete medical record. The Department of Veterans Affairs will review the circumstances of the case in order to determine a rating, which is the amount of compensation that the veteran is due.
Presumptive service connection
Veterans are eligible for VA disability compensation based upon presumptive connection. Presumptive service connections are when the Department of Veterans Affairs recognizes the disease as being service-connected even if there's no evidence of exposure or incurrence of the disease in active duty. Presumptive service connections are available for certain tropical diseases and also for diseases with specific timeframes.
The Department of Veterans Affairs proposes an interim final rule that will allow more veterans to meet criteria for eligibility for presumptive service connections. Currently, a 10-year manifestation period is required for this kind of claim, but the Department of Veterans Affairs supports shorter manifestation times that allows more veterans to seek treatment.
The presumptive criteria for service connection will help ease the evidentiary burden for many
veterans disability claim. Presumptive connections will be granted to
veterans disability litigation who have been diagnosed with thyroid cancer while serving but who did not provide evidence during the qualifying period.
Chronic respiratory conditions are another kind of illness that can be considered as a presumptive connection to service. These conditions must be diagnosed within one-year of the veteran's separation. The veteran must have been diagnosed during the presumptive time period. This time period will vary depending on the condition however, for the most part, it could be any time from a few weeks to several years.
The most frequently cited chronic respiratory illnesses are asthma, rhinitis, and rhinosinusitis. These diseases must be manifested in a way that is compensable, and the veterans must have been exposed to airborne particles during their service. The Department of Veterans Affairs will continue to review presumptive service connections for rhinitis, asthma, and nasal congestion. However the Department of Veterans Affairs will no longer require that the conditions be manifested to a compensable level.
For other types of presumptive service-related claims that are not service related, the Department of Veterans Affairs will consider a variety of factors to determine if the applicant is eligible for VA disability compensation. For instance, the Department of veterans disability case (
Dgtss.gouv.sn) Affairs will assume that a veteran was exposed to dangerous substances, like Agent Orange, during service.
There is a time limit for filing a claim.
Based on the type of claim, it could take up to 127 days for the Department of Veterans Affairs to complete your claim. This includes evidence gathering and the actual review process.