Many veterans receive denials for their disability claim, but the reasons aren't always what they seem. In many cases, a denial is simply due to a lack of evidence or incorrect formatting. In the event that you have a legitimate, service-connected injury that was denied by Veterans Affairs (VA), consider a few claim system traits and ways to enhance your claim's validity.
What Is A Service-Connected Disability?
The term 'service-connected' refers to any disability that happened during military service or a later complication that was caused by military service. The distinction covers immediate issues such as broken bones, chemical exposure, reported psychological trauma (experiencing death, sexual assault and other experiences) as well as conditions such as cancer that may not be detected until years after military service ends.
There is no distinction between active duty and reserve military status; simply military duty and injuries that occurred during that duty. In the event that you were found at fault for events such as vehicle accidents, illegal assault not related to combat operations or self-inflicted wounds, there are slight changes to your claim that may still be covered by certain VA health benefits.
To support a service-connected claim, you need documentation that links your injuries to your claim. Such documentation can come from your military medical record, civilian hospital records, complaints made in official format or events listed in your service record or recognized public events that can prove your injury and involvement.
In some cases, the evidence may not be available. Your paperwork could have been lost, which can be an issue if your medical record was not electronically recorded (such as military commands without record-keeping capabilities). You may have ignored the problem, only to find out that the injury is far worse than anticipated. For these issues, it's better to get the assistance of a personal injury attorney.
Legal Assistance For Proving Injuries After The Fact
If your injuries are not documented prior to military service, or if your medical documentation isn't enough for the claims system, a lawyer can help you develop evidence in a format that the VA understands.
You'll need to visit a medical team that can analyze your condition accurately and create a set of statements that fit with your disability claim. Getting the evidence is only one part; if you can't accurately link the evidence to your injury or condition, the claim may be denied or delayed until the clarification can be made. An injury attorney can link the evidence in a way that the VA is less likely to deny.
Contact a personal injury attorney such as Boucher Law Firm to begin developing a claim with a better chance of success.