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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 parent of a veteran who is in need of veterans disability compensation You may find that you qualify to receive compensation for your disability. There are several factors that you should take into consideration when submitting a claim for compensation for veterans’ disability. These include:

Gulf War veterans are eligible for service-connected disabilities.

The U.S. sent more than 700,000 troops to Southwest Asia during the Gulf War. Many of them returned to their homes with memory and neurological problems. They also had chronic health issues. They may be qualified for disability benefits. To be eligible the veterans must meet certain requirements.

In order for Veterans Disability Compensation a claim to be considered to be valid, it must have been initiated during the time the veteran was in military service. It also must be related to his or her active duty. For instance, a veteran who served during Operation New Dawn must have experienced memory issues following the time he or she left service. A veteran must have been in continuous service for at least 24 consecutive months.

For a Gulf War veteran to receive compensation the disability must be rated at least 10%. The rating rises 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 were experienced while in service. These illnesses include several illnesses that are infectious, like gastrointestinal tract infections. VA has also acknowledged that some veterans developed multi-symptom diseases following their time in the Gulf. These are known as presumptive conditions. VA makes use of presumptions in order to speed up the service connection process.

The Department of Veterans Affairs continues its support for research into the medical conditions that were related to the Gulf War. A group of experts in the field from both the Department of Defense and VA met to discuss the status of Gulf War related illnesses. They have determined that most veterans have been undervalued for their service-connected disabilities.

The VA was hesitant to recognize Gulf War Syndrome during this process. To qualify, the patient must have a diagnosed disability and the diagnosis must be within the timeframe set by the VA. Particularly the VA has set a date 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 be present for at minimum six months. In that time the disease must advance and get better or worse. The patient will receive Disability compensation for the MUCMI.

Service connection with aggravating effect

When there is a lot of stress and strenuous physical exertion, a veteran’s body can suffer. This can cause an increase in mental health issues. The Department of Veterans Affairs (VA) considers this as an aggravation to a pre-existing medical condition. It is best to present the evidence of a solid medical history to establish that there is an aggravated connection to military service.

To increase clarity and uniformity to improve clarity and consistency, the Department of Veterans Affairs proposed minor technical modifications to 38 CFR 3.306 & 3.310. It aims to clarify the meaning of “aggravation”, align it with 38 CFR 3.305, veterans disability compensation and make it clear and concise. It proposes to separate paragraph 3.310(b) that includes general guidance into three paragraphs. It also proposes to use a more consistent terminology and to use the term “disability” instead of “condition” to avoid confusion.

The VA’s suggestion is in line with court precedent. The Veterans Court found that the VA could use the “aggravation term in cases of permanent worsening.” The court cited the ruling in Alan v. Brown 7vet. app. 439 that stated that a VA adjudicator can award a service connection based upon the “aggravation of a non-service connected disability.”

The court also relied on Ward v. Wilkie, which held that the “aggravationword may be used to describe permanent worsening. The case did NOT involve an additional service connection, and it was not able to conclude that the “aggravation” as defined in the original statutes was the same.

To determine an aggravated connection to service, a veteran must present evidence that their medical condition was exacerbated by their military service. The VA will assess the severity of the non-service-connected disability prior to and during service. It will also take into account the physical and mental hardships the veteran faced during his or her service in the military.

Many veterans find that the most effective way to prove a strained connection to military service is to submit an extensive medical record. The Department of Veterans Affairs will analyze the facts of the situation to determine the rating, which will indicate the amount of compensation the veteran is entitled.

Presumptive connection to service

Veterans are eligible for VA disability compensation based upon presumptive connection. Presumptive connections occur when the Department of Veterans Affairs recognizes the disease as being service-connected even if there isn’t evidence of having been exposed to or acquiring the disease in active duty. Presumptive connection is available for certain tropical diseases, and also for diseases that have specific time frames.

The Department of Veterans Affairs proposes an interim final rule that will allow more veterans to meet eligibility criteria to be considered for presumptive connections to service. The current requirement for this kind of claim is a 10 year period of manifestation. However the Department of Veterans Affairs supports the shorter time frame for manifestation that will allow more veterans to seek treatment.

The presumptive criteria for service connection will help reduce the burden of proof for many veterans. For example, if a veteran’s thyroid cancer was diagnosed during service, but no evidence of the illness was found during the time of qualifying and a presumptive service connection will be granted.

Other diseases that qualify for a presumptive service connection include chronic respiratory illnesses. The condition must be diagnosed within one year of the veteran’s separation. The veteran must also have been diagnosed within the presumptive period. The time frame will vary depending on the condition however, it can be anywhere from a few months to several decades.

The most frequently cited chronic respiratory illnesses are asthma, rhinitis, and rhinosinusitis. These diseases must be manifested to a degree that is compensable and the veterans must have been exposed to airborne particles during their time in the military. The Department of Veterans Affairs will continue to evaluate presumptive military connections for asthma, rhinitis, and nasal congestion. However, the Department of Veterans Affairs will no longer require that these conditions be present to the level of compensation.

The Department of Veterans Affairs will examine other presumptive claims related to service and determine whether the claimant is eligible to receive VA disability compensation. The Department of Veterans Affairs will assume that a veteran has been exposed during service to hazardous substances such as Agent Orange.

There is a time limit to file a claim

Depending on the type of claim, it could take up to 127 days for the Department of Veterans Affairs to take your claim. This includes gathering evidence and the actual review process. You could receive a speedier decision if your claim is complete and contains all relevant information. However, if not, you can revisit your claim and collect additional evidence.

If you file a disability compensation claim then you will have to provide VA with medical records that prove your illness. These documents could include lab reports as well as doctor’s notes. You should also provide proof that your condition is at least 10 percent disability.

Additionally, you must be able prove that your condition was discovered within one year after you were released. If you don’t meet this timeframe, then your claim will be denied. This means that VA did not find sufficient evidence to support your claim.

If your claim is denied, you can appeal the decision to the United States Court of Appeal for Veterans’ Claims. This judiciary court is located in Washington DC. If you are unable to do it on your own, you can engage a lawyer to assist you. Alternately, you can call the nearest VA Medical Center for help.

It is important to report any injuries immediately. This can be done by submitting a report to the VA. The process of claiming is quicker if you provide the VA all the necessary information and documents.

Your DD-214 is the most important document you’ll require to file a claim for veterans disability compensation. Unlike the shorter version called Record of Separation from Active Duty the DD-214 is an official record of your discharge. If you don’t have a DD-214 you can request one from the County Veterans Service Office.

If you have all the documentation you need, make contact with a Veterans Representative. They will assist you with the filing of your claim for free. They can verify your service dates and request medical records directly from the VA.

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