Service-Connection Requirement: Qualifying for Disability Benefits
In order to receive disability benefits from the VA, your injury must be connected or related to your time in the service. For many veterans, this connection is obvious. Injuries which occur during combat are always linked to a veterans military service.
For others, however, the connection between their injuries and their service is more tenuous. These veterans may have a harder time proving their disabilitys service connection, and may need to provide additional medical evidence to satisfy the VA.
If your disability was indirectly related to your military service, you may still be eligible for VA disability benefits if your can prove that your disability was aggravated by your service, or that your injury is the type where it is presumed to be related to your service.
Aggravated Pre-Existing Disabilities
If you entered into the armed services with a pre-existing condition, which was documented in your entrance medical exam, you may be able to receive disability benefits if you can prove that your time in the service worsened or aggravated your condition.
If your pre-existing condition was not a part of your entrance medical exam, you will likely need to prove that you were diagnosed and treated for the condition before you began your career in the armed forces, usually by providing your pre-service medical records.
In addition to proving that you had a pre-existing condition or disability, you must also show that there was an incident or event during your service which aggravated the condition.
The fact that an injury got worse over time is not sufficient to qualify you for disability benefits. Youmust be able to point to a specific event which occurred and worsened your injury or symptoms–simply feeling worse with age is not enough.
Disabilities with Presumed Service Connections
Sometimes, medical conditions are so common after a given set of circumstances that they are presumed to be related to your time in the service. These conditions, including chronic diseases and illnesses, will qualify you for expedited disability benefits if you served for at least 90 days on active duty.
For example, veterans who were prisoners of war and later develop complications from malnutrition, mistreatment, or post-traumatic stress disorder are usually presumed to have developed those conditions as a result of their time as a POW. Similarly, veterans who develop complications from exposure to Agent Orange, or Gulf War Syndrome may be able to file expedited claims for disability benefits because their injuries are presumed to be due to their exposure to toxins during their active service.
Rebuttal Evidence
If the VA is not satisfied with your contention that your disability was a result of your time in the service, it may look for evidence that another cause exists for your injury, or that your injury is outside of the service-connection requirement.
The VA may try to show that your disability resulted from a reason other than your military service, or that it occurred after you left the active service. Additionally, you may be disqualified from seeking disability benefits if the VA can prove that you were dishonorably discharged, or that your injury was caused by your misconduct, occurred while you were avoiding duty, or occurred while you were incarcerated due to a court martial or civil court felony.
If your claim for VA disability benefits has been denied, you need knowledgeable assistance in filing an appeal. Vets National Advocates can help you prove your service-connected disability, and has the experience you need to fight for your rights. Let us help you get the benefits you deservecall 877-777-4021 or use our case evaluation form to speak with a veterans advocate today.
Tags: Veterans News
