In the VA claims process, there are three fundamental requirements that a veteran must satisfy in order to qualify for service-connected disability compensation. The requirements are often referred to as the three Caluza elements, and each must be proven with “competent evidence” in order for a veteran to qualify for their service-connected disability benefits. But what are these three fundamental requirements?
- The veteran must present competent evidence of a current disability.
- There must be medical evidence of an in-service occurrence or aggravation of the disease or injury. In some cases, lay evidence may also be accepted.
- The veteran must prove that there is a link between the in-service injury and the current disability by providing competent evidence.
Five Elements to Establish a Service-Connection Claim
If you are a disability lawyer, note that the courts sometimes state that there are “five elements” to establish a service-connection claim for a veteran’s disability benefits. These five elements are:
- Veterans status.
- The existence of a disability.
- A connection between the veteran’s service and their disability.
- The degree of disability.
- The effective date of the disability.
Another thing a veterans disability lawyer should be aware of is that the VA is required to assist the veteran in obtaining the evidence they need in order to win their disability claim.
However, in the VA claims process, it is in the end up to the veteran to satisfy the ultimate evidentiary burden of proof in order to successfully qualify for their compensation payments.
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