VA Disability - Page 4

Below are answers to common questions many veterans have when they first contact Marc Whitehead & Associates. Remember, if your initial claim for veterans disability is denied, don’t give up. There are a number of things you can still do. Be sure to download our free eBook, Veterans Disability Claims – Strategies for a Winning …

Although the VA provides for the use of direct service connection in VA claims for a wide variety of disabilities, there is one glaring exception: veterans may not claim a service connection for any conditions caused by tobacco use during periods of military service. Under no circumstances can tobacco consumption by any method be used in the nexus of evidence for VA claims. This rule also applies to survivors seeking benefits after a veteran has passed away due to a tobacco-related illness.

However, this restriction is not quite as ironclad as it sounds. Although the VA cannot grant a service connection for disabilities that depend on tobacco use to prove linkage, it is possible for claimants to receive veterans benefits for tobacco-related conditions through other strategies.

It’s important to learn about the process for obtaining medical evidence to satisfy the nexus requirement before embarking on VA compensations claims. The format of this linkage evidence is fairly straightforward – all a veteran usually needs is a letter or statement from a physician (private or employed by the VA). Occasionally the linkage evidence will be provided by way of military medical records or a physician’s in-person testimony.

When evaluating VA compensation claims for veterans with mental disorders, diagnosing the illness and linking it to the patient’s military service is just the first step in the VA claims. Next it must be determined just how impaired the person is. This is done using a sliding scale called the “General Rating Formula for Mental Disorders.”

You already know that, in order to receive veterans benefits by successfully arguing VA claims, you’ll need to prove the service connection or “nexus of evidence” linking your current disability with an incident or illness that occurred during your period of military service. But what is the standard of proof that your evidence must achieve in order to win the case?

VA regulations state that, if the evidence regarding any part of your claim is equally balanced between favorable and unfavorable proof, the VA must give benefit of doubt to the claimant and rule in your favor. Thus, any “reasonable doubt” created because of an equal lack of proof on both sides of the argument means that the veteran wins the case.

While all VA compensation claims for posttraumatic stress disorder (PTSD) must meet the three basic requirements for service connection in section 1154(b), there are some special variations that apply to these cases. In the case of Pentecost v. Principi, the Court of Appeals for Veterans Claims established that a service connection for PTSD requires:

When combat veterans make VA compensation claims, they tend to have a much less difficult time getting their injury or illness service-connected than non-combat veterans. This is because VA law makes it significantly easier for combat veterans to prove that their disability occurred or was aggravated during service, thereby lowering the chances that they will be denied veterans benefits.

Unlike other veterans, a combat veteran doesn’t actually need to show facts to prove that their disability stemmed from a service-related incident. They just have to make a claim that shows to be consistent with the circumstances and conditions in which they were deployed. In almost all cases, their statement that the disability occurred from a combat incident will be considered as fact. The only way anyone can even dispute them on this is if they provide “clear and convincing evidence to the contrary.”

When the VA is making a determination about whether or not an injured veteran’s VA claims are valid, one of the first things they will do is look at the veteran’s medical records from the time they first entered the service. In some cases, the veteran already had a disease or injury before they even began their military career. This will have been noted on the veteran’s records, and acknowledged by the veteran to whom they apply.

Any VA disability attorney should note, however, that this does not necessarily preclude the veteran from receiving compensation for those same injuries and diseases that they entered into their military service with.

The VA claims process for determining benefit eligibility, already quite complex, becomes even more complicated when a veterans has multiple periods of active service. Specifically this becomes an issue when an individual received different discharges for his or her multiple service periods.

Of course, if a veteran was discharged for anything along the lines of mutiny, treason, or sedition, he or she is not going to receive benefits. But very few veterans are contending with disqualifying discharges for these reasons. What are they supposed to do?

The first step in the process should be to hire a qualified VA disability attorney. Arguing to receive veterans benefits with a disqualifying discharge on your record can be difficult, so it’s best to have competent help on your side.

There are a few rare exceptions to the usual rule that veterans can only claim VA benefits for disability if their discharges were “other than dishonorable.” If the veteran was ruled insane during the period of misconduct that led to a dishonorable discharge, the VA may waive the discharge requirement and decide to grant benefits to the veteran.

Of course, the diagnosis of insanity is a serious affair. The VA has a fairly strict definition of insanity, relating to behavior that sharply deviates from a healthy individual’s usual character due to a mental disease. If you think that an illness or mental break may have led to the behavior resulting in your dishonorable discharge, consult a qualified veterans disability attorney about appealing for veterans benefits.