Veterans Disability Compensation – Factors to Consider When Filing a Claim
Whether you are a service member who is currently suffering from a disability or a family member of a veteran in need of veterans disability compensation and you qualify for compensation for your condition. There are a number of aspects you must consider when filing an application to receive compensation for your veterans disability. These include:
Gulf War veterans are 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 and neurological problems. They also had chronic health conditions. These veterans disability law firm in st martinville might be eligible for disability benefits. However, to qualify they must meet certain criteria.
For a claim to be considered it must have begun while the veteran was in the military. It must also be related to his or her active duty. For example If a veteran served during Operation New Dawn and later had memory problems the symptoms must have begun while in service. In addition the veteran must have served continuously for at least 24 hours.
For a Gulf War veteran to receive compensation the disability must be rated at least 10 percent. This rating increases every year that the veteran is receiving the disability. In addition an individual who is a veteran can qualify for additional benefits for their dependents.
The Department of Veterans Affairs (VA) considers illnesses that occurred in the course of service to be service-related. These diseases include a variety of infections, including digestive tract infections. VA also acknowledges that some veterans have multi-symptomatic illnesses following their service in the Gulf. These conditions are known as presumptive. VA utilizes presumptions to accelerate the connection process.
The Department of veterans disability law firm in alvin Affairs continues to fund research into medical conditions associated with the Gulf War. A group of experts mentor on the lake veterans disability lawsuit the subject from both the Department of Defense and VA met to discuss the current status of Gulf War related illnesses. They have discovered that many veterans are under-rated for disability related to service.
Throughout this process in the past, the VA has been reluctant to establish Gulf War Syndrome. To qualify, the patient must be diagnosed with a disability and the diagnosis must be made within the timeframe of the VA. Specifically, 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 condition must last at minimum six months. Within that period of six months the disease has to progress becoming worse or better. The patient will receive compensation for disability for the MUCMI.
Service connection with aggravating effect
The bodies of the elderly can be affected by stress and strenuous physical exertion. This can cause mental health issues to worsen. The Department of sparta veterans Disability law firm Affairs (VA) considers this as an aggravation to an 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 victoria veterans disability Lawyer define it in a concise and clear manner. It proposes to separate paragraph 3.310(b), including general guidance into three paragraphs. It also proposes to use more consistent terminology and to use the term “disability” instead of “condition” to avoid confusion.
The VA’s proposal is in the same vein as court precedents as the Veterans Court found that the use of the “aggravation” term was not limited to instances of permanent worsening. The court cited the decision in Alan v. Brown 7vet. app. 439 that held that the VA adjudicator can give a service connection based on the “aggravation” of a disability that is not service connected.
The court also referenced Ward v. Wilkie, which held that the “aggravationword could be used in cases of permanent worsening. The case did not involve the secondary service connection, and it did NOT hold that the “aggravation”, as defined in the original statutes, was the same.
A veteran must demonstrate that their military service has aggravated their pre-existing medical condition. The VA will examine the degree of severity of the non-service-connected disability prior to the beginning of service and during the time of the service. It will also consider the physical and mental hardships the veteran faced during his or her service in the military.
For many veterans, the best method to establish an aggravated connection is to provide an accurate, complete medical record. The Department of Veterans Affairs will review the facts of the case to determine a rating, which indicates the amount of compensation that the veteran is entitled to.
Presumptive connection to service
Presumptive connection to service may enable veterans to claim VA disability compensation. Presumptive service connection implies that the Department of Veterans Affairs has determined to treat a disease as service-connected despite having no tangible evidence of exposure or incurrence of the disease during active duty. Presumptive service connections are available for certain tropical illnesses, 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 the criteria for eligibility for presumptive connections to service. The currently required for this type of claim is a 10 year period of manifestation. However, the Department of Veterans Affairs supports a shorter period of manifestation which will permit 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 in the course of their service but did not show evidence during the time of qualifying.
Chronic respiratory conditions are a different type of disease that can be considered for a presumed connection to service. These medical conditions must be identified within one year of the veteran’s removal from service, and also the veteran must have developed the condition during the presumptive period. The duration of treatment will vary according to the condition however, it can vary from a few months to several decades.
Rhinitis, asthma and rhinosinusitis are some of the most prevalent chronic respiratory illnesses. These diseases must be manifested in a proportionate manner, and veterans must have been exposed to airborne particles during their military service. To this end, the Department of veterans disability lawyer oakwood Affairs will continue to review presumptive military connections for rhinitis, asthma and nasal congestion. The Department of Veterans Affairs won’t demand that these conditions be present at a level that is compensable.
For other types of presumptive service connected claims that are not service related, the Department of Veterans Affairs will take into consideration a variety of factors to determine whether the claimant is entitled to 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 deadline for filing a claim
Based 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. You could receive a faster decision when your claim is complete and contains all relevant information. If it is not your case, you can opt to reopen your case and gather additional evidence.
You’ll need to provide VA medical records to prove your disability claim. These records can include lab reports as well as doctor’s notes. Also, you should provide proof that your condition is at least 10% disabled.
Additionally, you must be able to prove your condition was first diagnosed within a year from the time you were released. If you fail to meet this timeframe, then your claim will be rejected. This means that VA could not find enough evidence to support your claim.
If your claim is denial-based, you can appeal the decision to the United States Court of Appeal for Veterans Claim. This judicial court is based in Washington DC. If you are unable or unwilling to do this on your own, you may employ a lawyer to help you. You can also contact the closest VA Medical Center for help.
If you have an injury you’ve suffered, it’s best to report it as soon as possible. This is done by submitting a VA report. You can accelerate the process of filing a claim by providing all necessary documents and information to VA.
The most important document that you will need when filing a claim for disability compensation for veterans is your DD-214. The DD-214 unlike the shorter Record of Separation from Active Duty, is a formal document of discharge. You can get the DD-214 at the County Veterans Service Office if you don’t have one already.
Once you have all the documentation If you are satisfied with the information, you can call a Veteran Representative. They can assist you with the process of filing your claim for free. They can confirm your service dates and request medical records directly from the VA.