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Three Important Things To Remember Before Submitting A Disability Claim
By USVCP Staff
December 17, 2020
Military service in the Armed Forces isn’t without its hazards. Much of the military equipment used is built with more concern for mission effectiveness than service members’ comfort and/or safety. Unlike civilians who can file for workman’s compensation resulting from workplace injuries, veterans have at their disposal the U.S.
Department of Veterans Affairs (VA) to file disability claims. When filing a disability claim with the VA, here are three things veterans must demonstrate to have an award winning claim:
1. Veteran Must Have A Current Diagnosed Chronic Medical Condition
A chronic medical condition as determined by the VA and for the purpose of compensation is a reoccurring or continuous condition that hampers daily functions. Examples of chronic conditions include traumatic arthritis, problems associated with cancers, degenerative back problems, anxiety from trauma, hearing loss, and gastrointestinal problems just to name a few.
2. In-service Incident
The in-service incident must be related or directly connected to an injury or disease and occurred during the service member’s time in the military. Examples of an in-service could be exposure to hazardous chemicals, laceration on leg or arm, accidental ingestion of harmful food, concussion, inhaling hazardous chemicals, broken arm or leg just to name a few. Rule of thumb, if you were injured or got sick while in uniform, you may have a service-related claim on your hands.
3. Connection Between In-service Event & Current Medical Condition
The nexus or link as it were, between your current chronic medical condition and the in-service event is what makes the connection as deemed necessary for a legitimate claim.
In some cases, the VA provides the nexus by presuming if in-service event ‘X’ occurred then chronic medical condition ‘Y’ may occur and is presumed service-connected. For instance, many Vietnam veterans are presumed to have been exposed to the poisonous herbicide Agent Orange. Therefore, if the veteran develops any of the conditions on the Agent Orange Presumption List of diseases, the VA will presume service-connection and grant VA disability compensation.
Before submitting a disability claim to the VA, it is always a good idea to consult with a good Veterans Service Officer (VSO). For veterans who don’t have access to a good VSO, make sure and do your research before submitting a claim to the VA.
Add Comment
Humberto Cordova, 12/18/20
I was injured in Vietnam while carrying boxes of Ammo. I filed a claim and was denied. Recently I had an mri for the low back pain and was diagnosed with chronic arthritis. I'm service connected for the arthritis, this is a worsening condition so I'm entitled to an increase of my service connected problem of arthritis on my low back pain that is very disabling at this time.