17 Signs You Are Working With Veterans Disability Attorneys
Veterans Disability Compensation - Factors to Consider When Filing a Claim
You may be eligible to receive compensation for your disability whether you're a veteran or a service member who is currently suffering from an impairment. There are several factors you need to consider when submitting a claim for compensation for veterans' disability. These include:
Gulf War veterans can be eligible for service-connected disabilities
During the Gulf War, the U.S. military sent over 700 thousand troops to Southwest Asia. Many of these veterans returned home with memory or neurological problems. They also had chronic health conditions. They may be qualified for disability benefits. However, in order to qualify they must meet certain requirements.
To be eligible for a claim it must have been made while the veteran was on active duty. It also must be related to their active duty. For example when a veteran was a part of during Operation New Dawn and later suffered from memory issues, the symptoms must have begun while in service. A veteran must be in continuous duty for at least 24 consecutive months.
To allow a Gulf War veteran to receive compensation, the disability must be rated at a minimum of 10 percent. The rating increases each year the veteran is awarded the disability. Additionally, a veteran qualifies for additional benefits for their dependents.
The Department of Veterans Affairs (VA) considers service-related illnesses those that have occurred during service. These illnesses include several infective diseases, including gastrointestinal tract infections. VA also acknowledges that some veterans have multiple symptoms after serving in the Gulf. These conditions are known as presumptive. VA uses presumptions to accelerate the service connection process.
The Department of Veterans Affairs continues to fund research into illnesses that result from the Gulf War. A group of subject matter experts from both the Department of Defense and VA met to discuss the current status of Gulf War related illnesses. They have determined that most veterans are under-rated for their service-connected disabilities.
The VA was hesitant to recognize Gulf War Syndrome during this process. To be eligible, a patient must be diagnosed with a disability and the diagnosis must be made within the timeframe set by the VA. Particularly the VA has set a deadline of December 31, 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. During that six-month period, the disease must progress becoming worse or better. The MUCMI will pay the disability compensation for the patient.
Service connection that is aggravated
During a time of intense physical and mental stress the body of a veteran can suffer. This can cause mental health problems to get worse. This is considered to be an aggravation of an existing medical condition by the Department of Veterans Affairs (VA). It is best to provide proof of a thorough 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 ensure clarity and consistency. The intention is to clarify the meaning of "aggravation," align it with 38 CFR 3.306, and define it in a clear and concise way. It also proposes to break paragraph 3.310(b) into three paragraphs, which include general guidance as well as more specific guidelines. To avoid confusion, the proposal is to use a more consistent terminology and to use "disability" rather than "condition".
The VA's plan is line with court precedent in that the Veterans Court found that the use of the "aggravation" term was not limited to instances of permanent worsening. The court cited the ruling in Alan v. Brown 7vet. app. 439, which stated that a VA adjudicator is able to make a decision to grant a service connection based on the "aggravation of a non-service connected disability."
The court also pointed to the Ward v. Wilkie decision, which holds that the use of the "aggravation" word is not limited to cases of permanent worsening. However the case concerned only the secondary service connection and the court did not conclude that the "aggravation" was interpreted in the same way as the "agorasmos" of the original statutes.
A veteran has to prove that the military experience has aggravated the medical condition they already have. The VA will assess the extent of the disability that is not service-connected prior to and during service. It will also take into account the physical and mental strains the veteran had to endure during their service in the military.
Many veterans feel that the best method to prove an aggravated connection to military service is by presenting a complete medical record. The Department of Veterans Affairs will examine the facts of the case to determine a rating, which indicates the amount of compensation that the veteran is entitled.
Presumptive connection to the service
Those who are veterans may qualify for VA disability compensation based on presumptive service connection. Presumptive connection to service means that the Department of Veterans Affairs has decided to accept a disease as service-connected without any direct evidence of having been exposed to or acquiring the disease while on active duty. Presumptive service connections are offered for certain tropical diseases, and diseases that have specific time frames.
For example, Gulf War veterans disability compensation may be affected by chronic sinusitis and rhinosinusitis and Veterans Disability Compensation the Department of Veterans Affairs is proposing an interim final rule to permit more of these veterans to meet the eligibility requirements for presumptive connection to service. Currently, a 10 year manifestation period is required for this kind of claim, but the Department of Veterans Affairs supports a shorter manifestation period and allows more veterans to be able to seek treatment.
The presumptive connection criteria will alleviate the burden of proof for many veterans. For example If a veteran's thyroid cancer was diagnosed while serving, but no evidence of the illness was observed during the time of qualifying the presumptive connection will be granted.
Chronic respiratory conditions are another kind of disease that can be considered for a presumptive connection to service. These medical conditions have to be diagnosed within one year of the veteran's removal from military service, and the veteran must have suffered from the condition during the presumptive time. This time period will vary according to the illness, but for the most part, it could be anywhere from a few weeks to several years.
Some of the most frequently mentioned chronic respiratory diseases are rhinitis and asthma and rhinosinusitis. These conditions are required to be present in a way that is compensable and veterans disability compensation must have been exposed during military service to airborne particles. This is why the Department of Veterans Affairs will continue to adjudicate presumptive service connections for rhinitis, asthma, and nasal congestion. The Department of Veterans Affairs won't require that these conditions be present at a compensable level.
For other presumptive service-related claims that are not service related, the Department of Veterans Affairs will look at a variety of variables to determine if a applicant is eligible for VA disability compensation. For instance the Department of Veterans Affairs will consider that a veteran was exposed to dangerous substances, like 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 based on the type of claim. This includes the actual review and gathering of evidence. If your claim is fully-fledged and includes all the necessary information, you may be able to receive a quicker decision. If not, you have the option to review your case and gather additional evidence.
You will need to provide VA medical records to support your claim for disability. These documents can include lab reports as well as notes from your doctor. You should also provide proof that your condition has at least 10 percent disability.
Additionally, you must be able demonstrate that your condition was first diagnosed within one year following the time you were released. The claim will be denied if you fail to meet the deadline. This means that VA did not find enough evidence to support your claim.
If your claim is denied, you may appeal to the United States Court Of appeals for Veterans Claims. This judiciary court is located in Washington DC. If you are unable or unwilling to do this on yourself, you can hire a lawyer to assist you. You can also call your local VA Medical Center to get assistance.
It is important to report any injuries immediately. This is accomplished by filing an VA report. You can expedite the process of claiming by submitting all the necessary documents and other information to the VA.
The most important document that you'll need to file an application for compensation for veterans is your DD-214. The DD-214, unlike the shorter Record of Separation from Active Duty, is a formal record of your discharge. You can obtain an official DD-214 at the County Veterans Service Office if you don't have one already.
If you have all the documents you need, you can contact a Veterans Representative. They will assist you in filing your claim for free. They can also verify your service dates and request medical records from the VA.
