Although denials aren't rare in the Veterans Affairs (VA) disability compensation system, some veterans are met with repeated defeat for legitimate problems. There may be a few systematic problems that make it harder for a claim or appeal to succeed quickly, but you should focus on factors that you can change before searching for hidden problems at your local VA administration. Take a look at how the VA customer-facing compensation systems works and how you claim or appeal fits in with the VA's idea of success.
Why Deny An Ailing Veteran?
The VA exists to help veterans in many ways, but the monetary and health benefits compensation from disability is key. VA disability is only designed to compensate veterans who have service-connected disabilities.
In order for a disability to be service-connected, there needs to be documented proof that the condition was caused by military service and continues to affect the veteran's productivity and quality of life. Unfortunately, simply showing an injury or reporting pain is not enough — but it does get you on the right track.
Proof means that you have some sort of documentation that links your condition to your time in the military. For example, a person claiming a military-related leg problem will either have a medical record showing how the leg was injured or otherwise affected. That record entry will have a date, which corresponds to the veteran's military service.
Not all conditions are as obvious as broken bones, scars or bullet wounds. Chronic pain, substance exposure and psychological conditions can be linked to military service if you can point out when you were affected by the problem. Was there a specific event or series of events that lead to trauma? Did certain activities in your career lead to back pain or leg pain? Were you exposed to chemical warfare agents, industrial chemicals, drugs or diseases during your career?
A Lawyer Can Help With Those Questions
You can use multiple forms of proof to answer those questions, ranging from an exact entry in your medical or service record to news reports of the event. You could even use the sworn statements of superiors, fellow service-members or any officials that witnessed or recorded the event. The point is that you need some kind of concrete proof beyond your own statements.
Finding that proof can be difficult if you didn't know the potential danger of your exposure until months or years later. Situations such as the Agent Orange controversy are deep looks into conspiracy and the need for legal representation, but there are many less challenging situations where no one knows about a potential exposure problem if no one makes the connection.
Your claim may be a major contribution to a problem that links many other veterans in your situation, if not the first example of a new problem. Unfortunately, finding the connecting situations and the legal ramifications is something that can take a lifetime without proper training. A personal injury lawyer is trained in injury-related cases, and has the professional context of how certain events can be attached to conditions.
The lawyer can argue your service-connection and push for better compensation rates if necessary, but their work can also save your life by highlighting health risks that may not have been obvious before. Contact a personal injury attorney to discuss a more robust coverage of your potential disabilities.
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