Can A Non-service Connected Determination Be Reversed

Cole Law military law blog VA disability law tin can be daunting for many eligible veterans who want to submit a VA inability claim or wish to entreatment a negative disability determination. One of the primary concepts that is difficult for service members to understand is which injuries or illnesses VA inability will cover. The answer is "only those disabilities that the applicant tin can show are service connected." ¹

What Is Considered a Service Connected Injury?

During my feel representing disabled veterans, it has get apparent to me that many VA inability claims are denied because the VA has determined the injury or illness is not service connected. Service connected means "an injury or illness that was incurred or aggravated during active armed forces service." ⁱⁱ In VA decision letters language similar to the following is oft used:

To institute straight service connectedness for a claimed injury or illness, objective evidence must testify a diagnosis of a electric current disability that is related to a illness or injury incurred in or aggravated during active service; or that manifested itself to a compensable caste within one year from the date of discharge. ^three The VA examiner will determine that a claimed injury or illness is service connected if the examiner opines that the inability is at least as likely as not (l% probability or greater) caused past or a result of active military machine service.

Hypothetical Instance

The following hypothetical scenario may be helpful to illustrate the true significance of the term service connected injury. Let's say that Veteran Smith served eight years on active duty in the army. Smith had a history of seeing war machine doctors occasionally for various minor injuries and illnesses. 1 day, Smith damaged his right knee joint while executing a parachute spring during his service. Upon leaving the military, his correct knee became much worse. He is at present required to wear a articulatio genus caryatid on occasion and has stopped running due to pain in his right human knee.

Smith as well has other injuries or illnesses that could be the result of military service. When he left the Army, Smith considered himself good for you then he did not apply for VA inability. Nevertheless, recently Smith's injuries accept made performing his job much more difficult, and he is not sure he can continue working in his electric current physical condition. Smith's additional health problems include difficulty sleeping, lower back pain, and ringing in his ears (tinnitus). He is considering applying for VA benefits withal is unsure which benefits may be service connected.

Equally a first principle, Smith should utilize for VA disability for all current injuries or illnesses that he believes could exist related to military service. Nether this hypothetical, Smith tin can apply for disability based on four conditions: right knee joint pain, sleep difficulty, lower back hurting, and tinnitus. Afterwards applying for VA inability benefits, Smith will exist scheduled for exam past a VA doctor in order to confirm current diagnoses. It is the VA examiner's duty to make up one's mind which are service connected.

Smith'due south right knee pain should be found as service connected based upon the fact that he was injured in the parachute spring and military medical records should support that claim. Regarding slumber disfunction, the VA would probable desire Smith to engage in a sleep study to confirm that this is currently an issue. Based upon our hypothetical, it is questionable whether Smith's lower back pain is related to military machine service. Parachute jumping is apparently a dangerous action which may cause many problems such as lower back pain. However, is there evidence that Smith suffered whatsoever lower back pain during his fourth dimension on agile duty? There will likely exist sufficient evidence to support tinnitus every bit service continued if Smith was exposed to loud noise as a result of his military service. Most military service members are exposed to loud noise during their fourth dimension in service and recent litigation has highlighted the trouble. ^iv

How Can I back up My Merits for a Service Connected Disability?

The best back up for a service connection disability is a record of treatment while on active duty for an effect related to the claimed injury or illness. In Smith'south case, that is the service connection of the parachute accident in which he injured his right knee joint. The most difficult merits for him to found as service connected in the above scenario would exist his difficulty in sleeping, especially if he was never seen by a armed services medical provider for that complaint during his time on active duty and can produce no military medical documentation as evidence. Veterans may likewise use affidavits of knowledge provided past someone that has direct knowledge of the veteran's medical issues based on serving or interacting together to provide lay evidence of current injury or illness or the showtime occurrence of the injury or affliction.

Tin can I Utilise for Service Connected Disability Benefits After I Am Discharged?

Earlier in this commodity I referred to linguistic communication that is typical in a VA decision letter. It is pertinent to annotation that the VA requires objective evidence that shows a electric current disability is related to a illness or injury that occurred during or was aggravated past active service or that presented itself within one year from the date of discharge. Thus, military service members who are nearing the completion of their time in service should strongly consider a total medical examination inside one yr of the completion of their service. If this examination shows a current injury or disease that is connected to war machine service, such a diagnosis may provide support for the applicant to utilize for VA disability. Veterans may utilize for VA inability at whatever time. There is no statute of limitations for VA disability. Additionally, veterans that are denied disability claims may reopen the denied claim by submitting new and material evidence to the VA. ⁵

If you demand assistance in filing a service connected disability claim or want to entreatment a negative disability decision, call Cole Law Military Attorney Paul Tennison at 615-490-6020 for a consultation regarding your potential VA disability example. ____________________________

^ane See https://www.va.gov/opa/publications/benefits_book/benefits_chap02.asp

² Id.

³ See 38 CFR §§ 3.303, 3.304, iii.400.

⁴ See https://taskandpurpose.com/news/3m-earplug-lacking

⁵ 38 CFR § three.156 – New evidence.