Question:
What do I need to show or prove to win my claim for service-connected compensation?
Answer:
Since I do not know what type of claim you are filing I am going to provide you with general eligibility information for service-connected compensation.
To win a claim for service-connection a claimant must generally meet, or show, the following elements:
- Must be a veteran;
- Must have a current disability;
- Must be a link, or nexus, between your military service and your current disability.
Don’t laugh about the part that the claimant must be a veteran. From time to time individuals who never served in the U.S. Armed Forces apply for benefits seeking to scam the system. For VA purposes a veteran is a person “who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable.”
The first step in obtaining VA disability compensation is establishing that a current disability is service-connected, or related to military service. This means that the disability had its onset during active military service, or that a disability that existed prior to a veteran’s entry into active military service was aggravated during service beyond the natural progression of the underlying disease or condition. Once service connection has been established, the VA will review the most recent medical evidence and evaluate the current level of the severity of the symptoms associated with the disability. The VA will then issue a rating (sometimes called a disability “evaluation”), expressed in a percentage of the amount of disability caused by the disease or disorder. This percentage rating determines the amount of monthly compensation paid.
To reiterate, eligibility for VA disability compensation generally requires the satisfaction of three fundamental requirements. First, there must be a medical diagnosis of a current disease or disorder. Second, there must be medical, or sometimes non-medical (called “lay”) evidence that such disease or disorder had its onset during active military service, or that a pre-existing disease or disorder was aggravated during such service. Third, there must be medical evidence of a linkage, or nexus, between military service and a current disease or disorder. The standard that the VA uses to determine if the medical nexus requirement has been satisfied is whether the medical evidence of record demonstrates that it is “at least as likely as not” that the current disability is related to the veterans military service.
In general a claim requires medical records such as hospital records, doctor’s office or medical clinical records that reflect a diagnosis of a current disease or disorder. A doctor’s letter that discusses the veteran’s diagnosis and treatment will also satisfy the current diagnosis requirement. Next, it is extremely helpful if there is a notation in the veterans military medical records that reflects complaints, treatment, diagnostic test results or diagnoses that relate to a spinal cord injury, disease or disorder. Obviously, service records that document a disease or injury will usually satisfy the onset or aggravation during service requirement. Finally, there must be a doctor’s statement or opinion to the effect that it is at least as likely as not that a current condition is related to an injury, the onset of a disease or disorder, or the aggravation of a pre-service disease or disorder, during military service. If evidence satisfying all three elements of service connection is present, the VA must award service connection for a claimed disability. Please remember that just because the VA must “legally” grant service connection it does not mean they will. Just remember you can always appeal the VA’s decision.
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