Successful VA compensation claims are comprised of three parts. Many veterans don’t really understand these different elements. Because of this, veterans often get denied and are forced to endure the lengthy appeals process.
You can save yourself a lot of time and heartache by knowing what you need to do ahead of time. What are these three elements?
1. A disability that currently affects you.
Many people believe that they are entitled to receive compensation just for being injured while they were serving in the military. This is not the case.
For VA compensation claims to go through, you have to be suffering a medically diagnosed injury that is currently affecting you. Even if you were seriously injured, if doctors determine that your injury is healed, you won’t receive benefits.
2. A disability that was caused by your service.
In order to get compensation, you must show that some kind of event during your service caused the current disability. This “event” is typically an injury or disease.
The Department of Veterans Affairs will examine your veteran’s service medical records for proof. It will also investigate to make sure that any conditions diagnosed during your service did not exist prior to military service.
If this is the case and you cannot prove that your service aggravated the condition, it might be denied. If the condition isn’t noted in veteran’s service medical records, “proof” may come from private medical records or witness statements.
3. A “nexus” must exist.
VA compensation claims must show that the original injury occurred during your service (or that a previous injury was aggravated). They also have to provide medical evidence showing that your current disability stems from that original incident.
How do you do this? By proving something called “continuity of symptomology.”
Basically, you need to show that the original incident caused a specific condition for which you received treatment, and that treatment has continued. If you stop receiving treatment for a time, proving the existence of a “nexus” becomes harder.
It can also be difficult if more than a year passes between the time you are discharged from service and you file your claim. Many denied veterans benefits are the result of an inability to prove that a “nexus” exists.
If the VA concludes that you are disabled and that your disability is service-related, then the next step will be determining your disability rating. This rating is a measurement assigned by the VA of the severity of your disability. It is expressed as a percentage and determines how much disability compensation you’ll receive.
Get Help Fighting a VA Disability Denial
For VA disability denials, it’s in your best interest to hire a VA benefits attorney to help you. Marc Whitehead is an Accredited VA attorney. The law firm of Marc Whitehead & Associates serves veterans across the United States.
Schedule a free consultation to learn about the legal assistance we can provide to help you recover your VA disability benefits. Call 800-562-9830 today to get help fighting for the benefits you deserve.