Another policy through which VA compensation claims can be successfully argued without providing medical evidence of nexus is “continuity of symptomatology.” This policy refers to situations in which a chronic condition most likely manifested during service but was not specifically diagnosed during that time.
The key in proving that continuity of symptomatology applies to your case lies in the description of your symptoms. Although your current disability need not have been diagnosed during your period of military service, you will be required to show evidence that symptoms similar to your current ones were present and “noted” during service.
The U.S. Court of Appeals has ruled that favorable claims using continuity of symptomatology and the direct service connection do not require additional proof of a nexus of evidence. Though this ruling sounds clear cut, it’s actually a little misleading. Most cases actually do require a medical opinion linking the current disability with the symptoms present during service except in a few rare cases where lay evidence is enough to prove that the condition exists. Hiring an experienced VA disability attorney can be a huge help in putting together a case like this.
What Is Required to Prove Continuity of Symptomatology for VA Compensation Claims?
To successfully prove that your case can be determined using continuity of symptomatology, you and your lawyer will need to provide the following three types of evidence:
- Proof that the symptoms of the current disability were “noted” during the period of service
- Proof that these same symptoms continued after the period of service ended
- Medical documentation (or in some rare cases, lay evidence) that a link exists between the post-service symptoms and the current disability
Veterans and their advocates should make sure not to rely merely on the evidence of continuous symptoms as proof – the third element of evidence, the establishment of a link by a medical authority, is crucial to successfully arguing VA compensation claims using continuity of symptomatology.
For more information on VA claims visit our disability denials website and be sure to download a copy of our free e-book!