What Makes A Successful VA Disability Appeal?

After being denied by Veterans Affairs (VA) claims officials, veterans have to figure out what went wrong with their claim. Barring fraud or an injury or condition that isn't related to military service, the key to a successful appeal is building linking evidence that points to your military service as the cause of your problem with little doubt. If you've submitted all of the information you have and still haven't succeeded in the VA appeal battle, here's some VA disability claim system information that can help you build a stronger claim.

Service Connection Must Be Strong

VA disability provides monetary compensation and medical assistance to conditions that are linked to military service. Although the VA has many programs available to help all veterans and may be able to provide different levels of medical care on a case-by-case basis, the guaranteed benefits are reserved for those who have been confirmed by the VA as needing compensation.

A piece of linking evidence to military service is called a service connection, and approved injuries are called service-connected. This means that if you have chronic pain cause by an accident on the job in the military, your back pain is service-connected. Hearing loss caused by exposure to explosions or constant, loud machinery is a service-connected hearing loss issue, and Post Traumatic Stress Disorder (PTSD) linked to military service is considered service-connected PTSD.

If your injury happened after leaving the military, it's most likely not service-connected. There are some extenuating circumstances, such as being injured while carrying out your processing paperwork and duties to leaving the military or being injured or affected because of something involving official Veterans Affairs business. Most people will not receive compensation for injuries they sustain during civilian life.

Proof Of Suffering And Severity

One of the easiest ways to create service connection proof is to have an entry in your medical record. Unfortunately, since it's not difficult to have a military service medic or doctor forge a statement, you'll need to go a bit further to prove that you're currently suffering from the problem.

In most cases, this means no additional effort on your part. Most veterans receive a compensation and pension (C&P) examination after their initial claim has been processed, which includes routine examination for what the veteran is claiming as a disability. 

The C&P exam should uncover proof of your problem, but, unless you have overt wounds and medical evidence, it can be difficult to prove a problem. Chronic pain, for example, doesn't always have easily seen, physical proof. You may need magnetic resonance imaging (MRI) testing, blood tests, or many other tests that aren't always done by the C&P exam. You'd have to specifically ask for certain tests, or hope that your examining doctor has the foresight to look a bit deeper.

If you've been denied before, you'll need new, material evidence to show that there may be a problem. Instead of waiting on the VA to get a civilian doctor who happens to look at deeper details of your case, contact a personal injury lawyer for a consultation and assistance.

An injury lawyer has experience when it comes to getting the right type of evidence and delivering an argument that shows the extent of suffering. Their career comes with knowing medical professionals who can look more closely at different aspects of your reported injury, which the often backlogged VA may have rushed past. Contact a personal injury lawyer to get a closer look at your appeal paperwork.

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