Are you a veteran battling with VA (Veterans Affairs) for your disability benefits, perhaps for years? While unfortunate, that is the case for many vets that contact me seeking help with their VA disability cases. 

The process can be complicated and overwhelming. Despite a robust online presence of veteran support groups offering advice and anecdotes, each case varies widely based on your specific facts and circumstances. So, hearing how another vet was successful will not always be helpful for your case. 

On the other hand, maybe you’ve never bothered filing for benefits, but things have changed, and now you’re interested in what you are entitled to. First, let’s discuss the basics of getting disability benefits from the VA…

Elements for Establishing Service-Connection

There are three essential elements to any VA disability claim: 

2. In-service incurrence, injury, event, or illness that leads to the currently diagnosed condition

3. A medical nexus opinion that your currently diagnosed condition is “at least as likely as not” the result of your in-service injury/event/illness

For every case that is filed, these will be the factors (or “elements”) that VA (Veterans Affairs) looks for before disability benefits are granted. 

Common problems with claims/reasons for denial: 

– Lack of medical treatment and no diagnosis on record. 

– Large gap in time between separation from the military and filing your claim. 

These are two of the most common issues that my clients seem to face regarding their VA disability claims. However, these issues can be overcome with a legal representative’s assistance, and in some cases, on your own! 

The best thing you can do to support your claims will be to continue to seek medical care and treatment. Why? Because medical records serve as some of the most critical evidence in these cases. Other than your service records to show what happened in-service, VA (Veterans Affairs) will refer to medical records to determine that you suffer from the claimed condition and then to see the severity of that condition. Where medical records are insufficient, VA will frequently order a medical examination from one of their doctors or one they have contracted with. These exams are not something you can typically rely upon to support your claims; in some cases, an independent medical examination from another doctor is necessary. An out-of-pocket expense is associated with that, but before that decision, you will have a conversation with your attorney about whether it is worth it. 

In summary, if you entered the military without any medical problems (or with medical issues that worsened during service) and you were injured, ill, or experienced another potentially traumatic event that led to your current disabling conditions, then filing a claim for VA disability is at least worth looking into. Have a conversation with an experienced attorney about your chances of success, or reach out to a local VSO for help getting your claim started. Suppose you receive a denial or a less than favorable decision (meaning, perhaps, that the VA awards disability for 4 out of your 5 claimed conditions) and reach out to an attorney you trust to discuss representation for your appeal. It may be the winning factor.

If you have questions about the process or your particular case, feel free to reach out to me; I’m always happy to help clarify the process or point folks down the right path towards success in their claims!