Are you a veteran that’s been battling with VA for your disability benefits, perhaps for years? While unfortunate, that is the case for many vets that contact me seeking help with their VA disability case.
The process can be complicated and overwhelming, and despite a strong online presence of veteran support groups offering advice and anecdotes, each case varies widely based on your own specific facts and circumstances. So, hearing how another vet was successful will not always be helpful for your case.
On the other hand, maybe you’ve never bothered filing for benefits but things have changed and now you’re interested in what you are entitled to. First, let’s discuss the basics of getting any disability benefits from VA…
Elements for Establishing Service-Connection
There are three basic elements to any VA disability claim:
1. A currently diagnosed disability/condition
2. In-service incurrence, injury, event or illness that lead to the currently diagnosed condition
3. A medical nexus opinion that your currently diagnosed condition is “at least as likely as not” the result of your in-service injury/event/illness
For every case that is filed, these will be the factors (or “elements”) that VA looks for before disability benefits will be granted.
Common problems with claims/reasons for denial:
– Lack of medical treatment, and no diagnosis on record.
– Large gap in time between separation from military and filing your claim.
These are two of the most common issues that my clients seem to face regarding their VA disability claims. These issues can be overcome however, with the assistance of a legal representative, and in some cases, on your own!
The best thing you can do to support your claims will be to continue to seek medical care and treatment. Why? Because medical records serve as some of the most important evidence in these cases. Other than your service records to show what happened in-service, VA will look to medical records to determine first, that you suffer from the claimed condition and then to see the severity of that condition. Where medical records are insufficient, VA will frequently order a medical examination from one of their doctors, or one they have contracted with. These exams are not something that you can typically rely upon to be supportive of your claims, and in some cases an independent medical examination, from another doctor, is necessary. There is out-of-pocket expense associated with that, but before that decision is made, you will have a conversation with your attorney about whether it is likely worth it.
In summary, if you entered the military without any medical problems (or with medical problems that worsened during service) and you were injured, ill or experienced another potentially traumatic event, that lead to your current disabling conditions, filing a claim for VA disability is at least worth looking in to. Have a conversation with an experienced attorney about your chances of success, or reach out to a local VSO for help getting your claim started. If you receive a denial, or a less than favorable decision (meaning, perhaps, that VA awards disability for 4 out of your 5 claimed conditions) reach out to an attorney you trust to discuss representation for your appeal. It may be the winning factor.
If you have questions about the process, or your particular case, feel free to reach out to me, I’m always happy to help clarify the process or point folks down the right path towards success in their claims!
