Denied?! Understanding The VA's Disability Service Connection
It's not uncommon to hear about veterans being denied after applying for Veterans Affairs (VA) disability. This could be the result of systematic failures, but another, simpler issue is that veterans aren't trained to work with the complex paperwork system that the VA employs—jokes about military bureaucracy aside. If you've been denied and have no idea how to make the claim better aside from doing the same thing with more words, take a look at the service connection label and what it means for claims and appeals.
The Service-Connected Confusion
Unfortunately, the VA needs more than a visible wound or complaints of pain to give compensation for your problems. VA compensation is only designed for injuries and conditions related to military service, and their requirements are designed to block more than just fraud. If your problem was caused before or after military service, the VA won't give monetary compensation or a disability rating to you—but they will be more than willing to direct you to the proper organization.
For compensation from the VA, your condition must be labeled as service-connected. This means that your condition can be linked to your military service in some way, and you'll be more successful if your linking evidence is listed in your official military medical record.
The most successful VA injury claims will have the exact cause listed in your medical record, but it's understandable that not all problems occur in areas with staffed medical paperwork personnel. For the civilians out there working on a veteran relative's claim, not all injury situations result in being carried off to a base or lifted by a helicopter.
It could be weeks or months for some non-life threatening conditions that could lead to bigger problems throughout life. Either because of remote location or lack of transit, anything from a bullet wound to a broken leg may need to be dealt with until it heals or stabilizes enough to look relatively normal.
Missing Paperwork Concerns
If the medic didn't see the exact incident, it's up to the individual writing down the information to either take the word of the service-member or take the statement as an alleged cause. Still, as long as there's some kind of complaint in the medical record, the claim is more likely to be accepted.
The military is a hectic environment with many positions being changed rapidly, so lost paperwork isn't uncommon. Veterans are encouraged to make copies of their medical records, but that suggestion means nothing if the medical record is lost before you have access to a copier or copy service. If you're missing information or didn't have the chance (or foresight) to make a complaint beforehand, you may need a legal professional on your side.
A personal injury attorney can research your past career and get a deeper look at your condition. Even if you don't have the proper paperwork, a reasonable connection argument can be made if you're filing your claim as soon as you get out of the military. The longer you wait, the easier it is to pin your condition on something that happened after you got out of the military, but an attorney can still dig into the situation.
Age of injury reports can help you build an argument for when your injury was caused, and your previous military contacts can be interviewed for more proof. For more information about how to strengthen your case, contact a personal injury attorney, such as Burgess, Harrell, Mancuso, Colton, La Porta & Shea.