Although the vast majority of veterans claims require medical evidence of a link between a veteran’s current disability and a precipitating service incident, there are a few circumstances in which a medical opinion stating the link is not required.
Generally, if a veteran’s current disability is an obvious result of an injury occurred during service (such as missing leg amputated after a service incident), the veteran will not be required to provide a medical opinion proving the link and will be granted veterans benefits. In cases like this, “lay evidence” (evidence provided by someone without medical expertise) is sufficient for the VA to make a determination. As long as the disability in question is readily identifiable to someone without medical training, lay evidence will be all that is required for the VA’s favorable ruling.
Another circumstance in which medical evidence is not necessarily required for successful veterans claims occurs when the disability currently suffered by the veteran is chronic and was diagnosed during military service. In cases like this, the veteran needs to provide a diagnosis made after leaving the service of the same chronic disease identified during active duty. But unlike most other cases, a diagnosis without any additional medical opinion or analysis will be enough for the VA to make a favorable ruling.
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The VA provides a list of disabilities considered chronic and therefore eligible for this consideration. Veterans are also allowed to prove that disabilities not on this list could be considered chronic, but it is strongly recommended that you consult with a qualified legal advocate before trying this strategy.
How Does the Presumptive Service Connection Affect the Requirements for Veterans Claims?
One more circumstance during which a nexus of evidence may not be required to receive veterans benefits occurs when the veteran’s disability qualifies for the presumptive service connection. The VA provides a list of disabilities that automatically qualify for veterans benefits as long as the condition in question was diagnosed during the specified presumptive period.
As an example, veterans who served in the Persian Gulf War or Operations Iraqi Freedom or Enduring Freedom would not need to provide evidence of linkage for fibromyalgia diagnosed during their service in Southwest Asia since it is on the VA’s approved list.
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Keep in mind that, although the VA does waive the nexus of evidence requirement in these cases, it is always recommended that veterans be ready to provide detailed medical opinions in the case that the VA does not make the assumed allowance. Arguing successful veterans claims is almost always more complicated than the VA’s rules might proclaim, so hiring a qualified veterans disability attorney is a great way to increase the odds of winning your case.
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