What Happens If A Ime Says My Disability Was Service Connected But The Va Doctors Say No
VA disability law tin can be daunting for many eligible veterans who want to submit a VA disability merits or wish to appeal a negative disability determination. One of the main concepts that is difficult for service members to understand is which injuries or illnesses VA disability will cover. The reply is "only those disabilities that the bidder tin can evidence are service connected." 1
What Is Considered a Service Continued Injury?
During my experience representing disabled veterans, it has become apparent to me that many VA inability claims are denied because the VA has determined the injury or illness is not service connected. Service connected ways "an injury or illness that was incurred or aggravated during active armed services service." 2 In VA conclusion letters language similar to the post-obit is often used:
To establish straight service connectedness for a claimed injury or illness, objective evidence must show a diagnosis of a current disability that is related to a affliction or injury incurred in or aggravated during agile service; or that manifested itself to a compensable degree within one year from the engagement of belch. three The VA examiner will determine that a claimed injury or illness is service connected if the examiner opines that the disability is at least as likely as not (50% probability or greater) acquired past or a issue of active military service.
Hypothetical Instance
The following hypothetical scenario may be helpful to illustrate the truthful significance of the term service connected injury. Let's say that Veteran Smith served viii years on active duty in the army. Smith had a history of seeing armed forces doctors occasionally for various pocket-size injuries and illnesses. 1 24-hour interval, Smith damaged his correct knee joint while executing a parachute bound during his service. Upon leaving the armed services, his correct knee became much worse. He is now required to clothing a knee caryatid on occasion and has stopped running due to pain in his right knee.
Smith also has other injuries or illnesses that could be the result of military machine service. When he left the Army, Smith considered himself healthy then he did non employ for VA disability. Nevertheless, recently Smith'south injuries have fabricated performing his chore much more difficult, and he is not sure he can go on working in his current physical status. Smith's additional health problems include difficulty sleeping, lower back pain, and ringing in his ears (tinnitus). He is considering applying for VA benefits yet is unsure which benefits may exist service connected.
As a first principle, Smith should utilize for VA disability for all current injuries or illnesses that he believes could be related to military service. Under this hypothetical, Smith tin utilize for disability based on iv weather: correct knee pain, slumber difficulty, lower back pain, and tinnitus. After applying for VA disability benefits, Smith will be scheduled for examination by a VA doctor in society to confirm current diagnoses. It is the VA examiner's duty to make up one's mind which are service connected.
Smith'southward right knee hurting should be found equally service connected based upon the fact that he was injured in the parachute jump and military medical records should back up that merits. Regarding sleep disfunction, the VA would likely want Smith to engage in a sleep study to confirm that this is currently an effect. Based upon our hypothetical, it is questionable whether Smith's lower back pain is related to military service. Parachute jumping is obviously a dangerous activeness which may cause many problems such as lower back pain. Even so, is in that location prove that Smith suffered any lower back pain during his time on active duty? There will likely be sufficient prove to support tinnitus as service connected if Smith was exposed to loud noise equally a result of his military service. Well-nigh military service members are exposed to loud dissonance during their fourth dimension in service and contempo litigation has highlighted the problem. 4
How Can I back up My Claim for a Service Connected Disability?
The all-time support for a service connectedness inability is a tape of treatment while on agile duty for an effect related to the claimed injury or illness. In Smith'southward case, that is the service connection of the parachute accident in which he injured his right knee. The most difficult claim for him to constitute as service connected in the above scenario would exist his difficulty in sleeping, particularly if he was never seen by a military medical provider for that complaint during his time on agile duty and tin produce no military medical documentation every bit show. Veterans may as well utilize affidavits of knowledge provided by someone that has direct knowledge of the veteran's medical issues based on serving or interacting together to provide lay evidence of current injury or illness or the offset occurrence of the injury or disease.
Can I Use for Service Continued Disability Benefits Later on I Am Discharged?
Earlier in this article I referred to language that is typical in a VA decision letter. It is pertinent to notation that the VA requires objective evidence that shows a current disability is related to a disease or injury that occurred during or was aggravated by agile service or that presented itself within one year from the date of discharge. Thus, military service members who are nearing the completion of their time in service should strongly consider a full medical exam within one year of the completion of their service. If this examination shows a current injury or illness that is connected to military machine service, such a diagnosis may provide support for the bidder to apply for VA disability. Veterans may employ for VA disability at any time. There is no statute of limitations for VA disability. Additionally, veterans that are denied inability claims may reopen the denied merits past submitting new and material evidence to the VA. 5
If you need help in filing a service connected inability merits or want to entreatment a negative disability conclusion, phone call Cole Law War machine Attorney Paul Tennison at 615-490-6020 for a consultation regarding your potential VA disability case. ____________________________
1 Meet https://world wide web.va.gov/opa/publications/benefits_book/benefits_chap02.asp
two Id.
iii See 38 CFR §§ 3.303, 3.304, 3.400.
four Come across https://taskandpurpose.com/news/3m-earplug-defective
5 38 CFR § 3.156 – New evidence.
What Happens If A Ime Says My Disability Was Service Connected But The Va Doctors Say No,
Source: https://www.colelawgrouppc.com/blog/understanding-the-service-connected-requirement-for-va-disability-claims/
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