Legal Issues Related to Proving 'Service Connection' for VA Disability Compensation PDF Download
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Author: James E. Nichols
Publisher: DIANE Publishing
ISBN: 1437943128
Category : Law
Languages : en
Pages : 16
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Book Description
Among the many types of benefits available to eligible vets is disability compensation (DC). This report provides a basic overview of various statutory presumptions that help veterans substantiate a service-connected claim for disability compensation. DC is a monthly benefit paid to a veteran by the VA because of injuries or diseases that were incurred while on active duty, or were made worse by active military service. Contents: (1) Intro.: From Claim to Compensation: The VA¿s Adjudication Process; A Closer Look at Step Two of the VA Claims Adjudication Process: Proving Service Connection; (2) Statutory Presumptions Establishing In-Service Incurrence or Aggravation of an Injury or Disease. A print on demand report.
Author: James E. Nichols
Publisher: DIANE Publishing
ISBN: 1437943128
Category : Law
Languages : en
Pages : 16
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Book Description
Among the many types of benefits available to eligible vets is disability compensation (DC). This report provides a basic overview of various statutory presumptions that help veterans substantiate a service-connected claim for disability compensation. DC is a monthly benefit paid to a veteran by the VA because of injuries or diseases that were incurred while on active duty, or were made worse by active military service. Contents: (1) Intro.: From Claim to Compensation: The VA¿s Adjudication Process; A Closer Look at Step Two of the VA Claims Adjudication Process: Proving Service Connection; (2) Statutory Presumptions Establishing In-Service Incurrence or Aggravation of an Injury or Disease. A print on demand report.
Author: Douglas Reid Weimer
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
This report provides a basic overview of various statutory presumptions that help veterans substantiate a service-connected claim for disability compensation.
Author: Jessica L. Wherry
Publisher:
ISBN:
Category :
Languages : en
Pages : 26
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Book Description
Problems with the Department of Veterans Affairs (VA) have been widely reported in the news and have perhaps contributed to the growth of law school veterans clinics and veterans law scholarship. By statute, veterans are eligible for disability compensation benefits for illness or injury connected to the veteran's service in the armed forces. The process of seeking benefits is intended to be non-adversarial requiring VA to assist veterans in developing their claims. Unfortunately, VA's nagging problems including poor management and a lack of accountability produce well-documented and devastatingly negative effects on veterans. These effects are not limited to veterans receiving disability benefits, but extends to veterans who never make it past the claim stage because their claims are denied.Typically, service medical records are used to establish service-connection. When those records are unobtainable, there are alternative sources of medical or lay evidence that can be used to establish service-connection. However, when service medical records are lost or destroyed and there is no other contemporaneous medical evidence, the veteran likely suffers an absolute bar to receiving a favorable decision about service-connection. Any decision made without service medical records is necessarily based on a lack of evidence rather than an evaluation of the evidence. My article responds to this problem by proposing administrative, statutory, and judicial remedies to give the veteran a presumption of service-connection. This presumption would require the veteran to provide two forms of alternative evidence, including the veteran's own statements, to support service-connection. The government would then have the opportunity to rebut the presumption by proving impossibility of the existence of the event, injury, or disease.
Author: Institute of Medicine
Publisher: National Academies Press
ISBN: 0309164427
Category : Medical
Languages : en
Pages : 406
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Book Description
21st Century System for Evaluating Veterans' Disability Benefits recommends improvements in the medical evaluation and rating of veterans for the benefits provided by the Department of Veterans Affairs (VA) to compensate for illnesses or injuries incurred in or aggravated by military service. Compensation is a monthly cash benefit based on a rating schedule that determines the degree of disability on a scale of 0 to 100. Although a disability rating may also entitle a veteran to ancillary services, such as vocational rehabilitation and employment services, the rating schedule is out of date medically and contains ambiguous criteria and obsolete conditions and language. The current rating schedule emphasizes impairment and limitations or loss of specific body structures and functions which may not predict disability well. 21st Century System for Evaluating Veterans' Disability Benefits recommends that this schedule could be revised to include modern concepts of disability including work disability, nonwork disability, and quality of life. In addition to the need for an updated rating schedule, this book highlights the need for the Department of Veterans' Affairs to devote additional resources to systematic analysis of how well it is providing services or how much the lives of veterans are being improved, as well as the need for a program of research oriented toward understanding and improving the effectiveness of its benefits programs.
Author: Carmella George
Publisher: GeorgeNorth, LLC
ISBN:
Category : Reference
Languages : en
Pages : 7
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Book Description
Are you filing a VA Disability Claim for VA benefits? If so, this quick read is designed to help you navigate the process and be successful in your claims.
Author: United States Government Accountability Office
Publisher: Createspace Independent Publishing Platform
ISBN: 9781981995844
Category :
Languages : en
Pages : 54
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Book Description
Veterans Justice Outreach Program: VA Could Improve Management by Establishing Performance Measures and Fully Assessing Risks
Author: Congressional Research Congressional Research Service
Publisher: CreateSpace
ISBN: 9781505203318
Category :
Languages : en
Pages : 34
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Book Description
The United States has provided benefits in varying degrees to those who have worn the uniform and suffered disabilities in service to the nation. In general, a veteran is entitled to compensation for disabilities incurred in or aggravated during active military, naval, or air service. It should be noted that not all persons who served in the military are considered veterans for purposes of veterans benefits. Veterans could meet the burden of proving that their disabilities are service-connected through their military records, which may clearly describe and document the circumstances and medical treatment for an injury or an illness incurred while in service as well as any resulting disability. However, where the manifestation of the disability is remote from the veteran's service and any relationship between the disability and service is not readily apparent, the burden of proving service connection can be a challenge. In such circumstances, Congress and the Department of Veterans Affairs (VA) have relied on presumptions. In the context of VA claims adjudication, a presumption could be seen as a procedure to relieve veterans of the burden to prove that a disability or illness was caused by a specific exposure that occurred during service in the Armed Forces. When a disease is designated as presumptively service-connected, the individual veteran does not need to prove that the disease was incurred during service. The legislative history of veterans' disease presumptions dates back to 1921 when Congress established a presumption of service connection with an amendment (P.L. 67-47) to the War Risk Insurance Act (P.L. 63-193). It established presumptions of service connection for tuberculosis and neuropsychiatric disease (known today as psychosis) occurring within two years of separation from active duty military service. In the following years, additions to the presumptive list were made by regulation, executive order, and legislation. In the past 22 years, Congress has on three separate occasions created presumptive programs for three distinct groups of veterans: the so-called atomic veterans, who were exposed to radiation from above-ground nuclear tests and the atomic bombs detonated in Japan; Vietnam veterans; and Gulf War veterans. In addition, Congress has added certain disease conditions to the list of presumptions for specific groups of veterans such as former prisoners of war (POWs). In 1991, the Agent Orange Act (P.L. 102-4) established for Vietnam veterans a presumption of a service connection for diseases associated with exposure to Agent Orange and other herbicides. For the first time, this act required the VA to contract with the Institute of Medicine (IOM) to conduct, every two years, a scientific review of the evidence linking certain medical conditions to herbicide exposure. The VA was instructed to use the IOM's findings, and other evidence, to issue regulations establishing a presumption for any disease for which there is scientific evidence of an association with herbicide exposure.
Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
ISBN: 0309486890
Category : Medical
Languages : en
Pages : 211
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Book Description
The Veterans Benefits Administration (VBA) provides disability compensation to veterans with a service-connected injury, and to receive disability compensation from the Department of Veterans Affairs (VA), a veteran must submit a claim or have a claim submitted on his or her behalf. Evaluation of the Disability Determination Process for Traumatic Brain Injury in Veterans reviews the process by which the VA assesses impairments resulting from traumatic brain injury for purposes of awarding disability compensation. This report also provides recommendations for legislative or administrative action for improving the adjudication of veterans' claims seeking entitlement to compensation for all impairments arising from a traumatic brain injury.
Author:
Publisher:
ISBN:
Category : Agent Orange
Languages : en
Pages : 8
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Book Description
Author: The US Department of Veterans Affairs
Publisher: Simon and Schuster
ISBN: 1510744266
Category : History
Languages : en
Pages : 113
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Book Description
An official, up-to-date government manual that covers everything from VA life insurance to survivor benefits. Veterans of the United States armed forces may be eligible for a broad range of benefits and services provided by the US Department of Veterans Affairs (VA). If you’re looking for information on these benefits and services, look no further than the newest edition of Federal Benefits for Veterans, Dependents, and Survivors. The VA operates the nation’s largest health-care system, with more than 1,700 care sites available across the country. These sites include hospitals, community clinics, readjustment counseling centers, and more. In this book, those who have honorably served in the active military, naval, or air service will learn about the services offered at these sites, basic eligibility for health care, and more. Helpful topics described in depth throughout these pages for veterans, their dependents, and their survivors include: Vocational rehabilitation and employment VA pensions Home loan guaranty Burial and memorial benefits Transition assistance Dependents and survivors health care and benefits Military medals and records And more
