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Service Connection on VA Disability Compensation Claims

Favorable Disability Advocates understand the frustrations prior military servicemembers go through when their VA disability compensation claims are denied for benefits. Based on our experience the primary result of this is simply by not having sufficient documented evidence of a specific medical condition or event that caused their disability. The VA policies & procedures state that service connection is the relationship of a particular disability condition to the veteran’s service. In order for veterans to be eligible for disability compensation monetary benefits they must have a service connection disability resulting on the following criteria:

1. Direct – A disability directly caused by service or be the remote result of some incident of service, and it may have begun coincident with service.

2. Aggravation – A pre-existing disability which become permanently worse during service will be considered to have been aggravated by military service unless there is a specific finding that the increase severity resulted of the conditions natural deterioration.

3. Presumption – Certain chronic and tropical disease will be presumed to have begun during service if they become manifest to a compensable degree within specific time. These specific diseases are presumed to the result of certain incidents of service to include: Prisoner of War, Radiation Risk Activities, and Herbicide Exposure.

4. Secondary – Service connection may be established for a new condition which is directly and proximately caused by an established service connected condition.

Please be advised the following information is used for instructive purposes only.  At Favorable Disability Advocates we believe in properly educating the needs of our clients and ensuring quality assurance of our work.

Presumptive Disability Correlation with Undiagnosed Illnesses

Presumptive service connection can be defined as a disability diagnosed in certain prior servicemembers that have either incurred in or aggravated by their active duty military service. Due to the distinctive circumstances of a veteran’s military service, certain diseases and illnesses must be presumed that the conditions of service caused the impairment and disability compensation can be awarded. Military veterans who served honorably in Southwest Asia during the Gulf War conflicts from August 1990 to present have been linked to an abundance of undiagnosed illness, presumptive diseases, and chronic disabling symptoms. Although the majority of these disorders may not become manifest during qualifying military service; the VA will pay compensation benefits if it’s presumed service connection, established within a prescribed period according to the VA, and to a degree of 10% disabling no later than 12/31/2021. Additional eligibility criteria include unexplained multi-symptom illnesses that are defined by a cluster of signs or symptoms of the following:

A. Chronic fatigue syndrome

B. Fibromyalgia

C. Irritable bowel syndrome

D. Any diagnosed or undiagnosed illness that the Secretary of Veterans Affairs determines warrants a presumption of service connection

A disability shall also be considered service connected for signs or symptoms which may manifestation of undiagnosed illness or medically unexplained chronic multisystem illness of the following:

Favorable Disability Advocates LLC is an emerging team of professionals that take pride by going above and beyond, campaigning for your financial benefit…………Now and in the future!  The following blog is used for instructive purposes, we believe in properly educating the needs of our clients and ensuring quality assurance of our work.

http://www.benefits.va.gov/compensation/claims-postservice-gulfwar.asp