VA Disability Compensation is a tax-free monthly payment made to Veterans who became disabled because of their service in the military. Compensation payments are made on the 1st day of every month. It is possible to obtain compensation for nearly any disability that is service connected, if the condition did not pre-date a Veteran’s service or is congenital (present from birth). To establish a “direct” service connection and qualify for benefits, three elements must be established in a benefits application:
- An in-service event, and,
- A current diagnosed disability, and,
- A nexus/link between the first two.
What Qualifies as an “In-service” Event?
An in-service event could be anything from a twisted ankle, broken arm, or a mental health condition due to a deployment. This element is usually proven by evidence from service treatment records. Where a servicemember’s treatment records are silent regarding a condition, a statement from the servicemember or fellow servicemembers may be sufficient. The exceptions to this are injuries that would certainly have been documented in service, such as a torn ACL or a broken leg.
What Qualifies as a Diagnosed Disability?
This element is established by showing you are currently receiving treatment for the condition. The disability must generally be diagnosed by a medical professional, although a Veteran is competent to describe symptoms which may trigger the VA’s obligation to provide an examination. The diagnosis of a service connected disability does not have to have been made while the Veteran was in the military.
What Qualifies as a Nexus between an In-service Event and a Disability?
In most cases, a doctor provides the link between the servicemember’s in-service event and current disability. Most VA disability claims are denied for a lack of nexus between the Veteran’s current injury and the claimed in-service event.
A Veteran Legal Professional Can Help. If you have a current disability or condition caused by your time in the military, or if you have any questions regarding your VA disability claim in general, a skilled Veteran’s law attorney can help you obtain the compensation you earned. As always, we only charge a fee if your appeal is successful.
Do not hesitate to contact us at the Rocky Mountain Disability Law Group to obtain the assistance you need. Our conveniently located Denver office can be reached at (303) 534-1958 or by completing a quick and convenient online form.Tags: Veterans Disability Benefits