10 Things We All Hate About Veterans Disability Attorneys
Veterans Disability Compensation – Factors to Consider When Filing a Claim
You may be eligible to receive an amount of compensation for your disability regardless of whether you’re a veteran or a servicemember currently suffering from an impairment. If you’re filing a claim in order to receive veterans disability compensation there are a myriad of factors you need to take into consideration. These include:
Gulf War veterans can be eligible for disabilities resulting from service.
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 memory and neurological issues. They also had chronic health conditions. These veterans may be qualified for disability benefits. However, to qualify, these veterans disability lawyer must meet certain requirements.
To be eligible for a claim, it must have been filed when the veteran was on active duty. It must also be connected to active duty. For example the veteran who was a part of during Operation New Dawn must have had memory issues after the time he or she quit service. Additionally the veteran must have been in continuous service for at least 24 months.
A Gulf War veteran must have an impairment rating of at minimum 10% in order to be eligible for compensation. The rating increases each year the veteran receives the disability. Additionally the veteran is eligible for 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 infectious diseases such as digestive tract infections. VA has admitted that some veterans developed multi-symptom diseases after their service in the Gulf. These conditions are referred to as presumptive. VA makes use of presumptions in order to speed up the service connection process.
The Department of Veterans Affairs continues to aid in research on illnesses that result from the Gulf War. A group of experts in the field 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 have been underrated in terms of their service-related disabilities.
Throughout this process it has been noted that the VA has been reluctant to accept the diagnosis of Gulf War Syndrome. To be considered eligible, a patient must have a diagnosis of disability and Veterans Disability Compensation the diagnosis must have been made within the VA’s timeframe. For Gulf War veterans, the VA has established 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, your illness must have lasted at least six months. Within that period of six months, the disease must progress, getting better or worse. The patient will receive an amount of disability compensation for the MUCMI.
Service connection that has aggravating effects
During a time of intense physical and mental stress the body of a former soldier can suffer. This can cause an increase in mental health issues. This is considered to be an aggravation of an existing medical condition by the Department of Veterans Affairs (VA). It is best to present proof of a thorough medical history to demonstrate that there is an aggravated connection to military service.
The Department of Veterans Affairs recently proposed minor technical changes to 38 CFR 3.306 and 3.310 to ensure clarity and consistency. The intention is to clarify the definition of “aggravation,” align it with 38 CFR 3.306 and define it in a clear and concise manner. It also proposes to divide paragraph 3.310(b) into three paragraphs, which include general guidance as well as more specific guidance. To to avoid confusion, it is suggested to employ a more consistent term and to use “disability” rather than “condition”.
The VA’s plan is in line with the precedent of the courts. The Veterans Court found that the VA could apply the “aggravation term in the case of a permanent worsening.” The court cited the decision in Alan v. Brown 7vet. app. 439, which ruled that the VA adjudicator is able to grant a service connection on the “aggravation” of a disability that is not service connected.
The court also cited the Ward v. Wilkie decision, which states that the use of the “aggravation” word is not limited to cases of permanent worsening. The case did NOT involve the secondary service connection, and it also did not hold that the “aggravation”, as defined in the statutes that originally drafted it, was the same.
A veteran must show evidence that their military service has contributed to their medical condition that they had previously suffered from. The VA will evaluate the degree of severity of the non-service related disability prior to the beginning of service and throughout the time of the service. It will also consider the physical and mental stress the veteran endured during his or her time in the military.
For many veterans, the best way to show an aggravated service connection is to present an unambiguous, complete medical record. The Department of Veterans Affairs will look at the facts of the case in order to determine a rating, which is the amount of compensation that the veteran is entitled to.
Presumptive service connection
Veterans could be eligible 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 with no specific evidence of exposure or incurrence of the illness during active duty. Presumptive connection is available for certain tropical diseases and diseases that have specific time frames.
For example, Gulf War Veterans may be afflicted by chronic sinusitis or rhinosinusitis and the Department of Veterans Affairs is proposing an interim final rule to allow more of these veterans to meet the eligibility requirements for presumptive connection to service. Currently, a 10-year manifestation period is required for this type of claim. However, the Department of Veterans Affairs supports a shorter manifestation period, allowing more veterans to be able to seek treatment.
Many veterans will be able to prove their service by applying the presumptive-connection criteria. For example in the event that an individual’s thyroid cancer was diagnosed during their service, but no evidence of the illness was found during the qualifying period, then a presumptive service connection will be granted.
Other types of diseases that qualify for a presumptive service connection are chronic respiratory diseases. These conditions must be identified within one-year of the veteran’s separation. The veteran must have been diagnosed within the presumptive time period. The duration of treatment will vary depending on the condition but can be anything between a few months and several decades.
Some of the most frequently cited chronic respiratory ailments are asthma, rhinitis, and rhinosinusitis. These conditions have to be present in a compensated manner and veterans must have been exposed in their military service to airborne particles. For these reasons, the Department of Veterans Affairs will continue to decide on presumptive service connections for asthma, rhinitis and nasal congestion. However the Department of Veterans Affairs will no longer require that the conditions be present at the level of compensation.
For other presumptive claims relating to service for other presumptive service-related claims, the Department of Veterans Affairs will examine a range of factors to determine if the claimant is entitled to VA disability compensation. The Department of Veterans Affairs will assume that a veteran was exposed during their service to hazardous substances like Agent Orange.
The time limit 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 the actual review and collection of evidence. If your claim is properly completed and has all the necessary details, you might be able to receive an earlier decision. However, if not, you may revise your claim and gather more evidence.
You’ll need VA medical records to prove your claim for disability. These records could include doctor notes and lab reports. Also, you should provide proof that your condition is at least 10% disabled.
In addition, you must be able demonstrate that the condition was diagnosed within one year following the time you were released. If you don’t meet this timeframe, your claim will be rejected. This means that VA did not have 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 judicial court is located in Washington DC. If you are unable or unwilling to do this on your own, then you could engage a lawyer who can assist you. If you prefer, you can contact the nearest VA Medical Center for help.
If you’ve been injured It is recommended to report it as soon as you can. This can be done by making a report to the VA. The process of filing a claim is faster if you give the VA all the required information and documents.
The most important document that you will need when filing a claim for compensation for veterans is your DD-214. In contrast to the shorter version, called Record of Separation from Active Duty the DD-214 is a formal document of your discharge. If you don’t have a DD-214 it is possible to get one at the County Veterans Service Office.
If you have all of the documentation that you require, make contact with a Veterans Representative. They will assist you in making your claim for free. They can verify your service dates and request medical records directly from the VA.