How To Prove Service Connection For Back Injury

VA disability law can exist daunting for many eligible veterans who want to submit a VA disability merits or wish to appeal a negative inability conclusion. One of the main concepts that is difficult for service members to sympathize is which injuries or illnesses VA disability will comprehend. The respond is "simply those disabilities that the applicant can prove are service continued." ⁱ

What Is Considered a Service Connected Injury?

During my feel representing disabled veterans, it has go credible to me that many VA inability claims are denied because the VA has determined the injury or affliction is not service continued. Service continued ways "an injury or illness that was incurred or aggravated during active armed forces service." ² In VA determination letters linguistic communication like to the following is often used:

To constitute direct service connection for a claimed injury or illness, objective evidence must show a diagnosis of a current disability that is related to a affliction or injury incurred in or aggravated during agile service; or that manifested itself to a compensable caste inside one twelvemonth from the date of belch. ³ The VA examiner will determine that a claimed injury or disease is service continued if the examiner opines that the disability is at least as likely every bit not (l% probability or greater) caused past or a outcome of active military service.

Hypothetical Case

The following hypothetical scenario may exist helpful to illustrate the true significance of the term service connected injury. Permit's say that Veteran Smith served eight years on active duty in the army. Smith had a history of seeing military doctors occasionally for various minor injuries and illnesses. One 24-hour interval, Smith damaged his right knee while executing a parachute leap during his service. Upon leaving the military, his right knee became much worse. He is now required to wearable a knee caryatid on occasion and has stopped running due to pain in his right knee.

Smith too has other injuries or illnesses that could be the result of military service. When he left the Army, Smith considered himself salubrious so he did not apply for VA disability. However, recently Smith's injuries accept fabricated performing his task much more difficult, and he is not sure he can go on working in his current physical condition. Smith'due south additional wellness problems include difficulty sleeping, lower back hurting, and ringing in his ears (tinnitus). He is considering applying for VA benefits yet is unsure which benefits may be service connected.

Every bit a first principle, Smith should apply for VA disability for all current injuries or illnesses that he believes could be related to military service. Nether this hypothetical, Smith can apply for disability based on four conditions: right knee hurting, sleep difficulty, lower back pain, and tinnitus. Subsequently applying for VA disability benefits, Smith will be scheduled for examination by a VA doc in social club to ostend current diagnoses. It is the VA examiner's duty to determine which are service connected.

Smith's correct knee pain should be constitute equally service connected based upon the fact that he was injured in the parachute jump and military machine medical records should back up that claim. Regarding slumber disfunction, the VA would likely want 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 hurting is related to armed services service. Parachute jumping is obviously a dangerous activity which may crusade many problems such equally lower back pain. All the same, is in that location evidence that Smith suffered any lower back hurting during his time on active duty? There will probable be sufficient evidence to back up tinnitus as service connected if Smith was exposed to loud noise as a result of his military service. Nigh military service members are exposed to loud racket during their time in service and recent litigation has highlighted the problem. ⁴

How Can I support My Claim for a Service Connected Disability?

The best support for a service connection disability is a record of handling while on active duty for an event related to the claimed injury or affliction. In Smith'due south instance, that is the service connection of the parachute blow in which he injured his correct knee. The near hard claim for him to constitute as service connected in the above scenario would be his difficulty in sleeping, peculiarly if he was never seen by a military medical provider for that complaint during his time on active duty and tin produce no military medical documentation as evidence. Veterans may also employ affidavits of cognition provided by someone that has straight knowledge of the veteran's medical issues based on serving or interacting together to provide lay evidence of current injury or illness or the first occurrence of the injury or illness.

Can I Apply for Service Connected Disability Benefits After I Am Discharged?

Earlier in this article I referred to linguistic communication that is typical in a VA decision letter of the alphabet. It is pertinent to note that the VA requires objective prove that shows a electric current inability is related to a disease or injury that occurred during or was aggravated by 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 fourth dimension in service should strongly consider a full medical test within one yr of the completion of their service. If this examination shows a current injury or illness that is connected to military machine service, such a diagnosis may provide support for the applicant to apply for VA disability. Veterans may apply for VA disability at any time. In that location is no statute of limitations for VA disability. Additionally, veterans that are denied inability claims may reopen the denied merits past submitting new and material evidence to the VA. ⁵

If y'all need assistance in filing a service connected disability claim or want to appeal a negative disability determination, call Cole Police Military machine Attorney Paul Tennison at 615-490-6020 for a consultation regarding your potential VA disability case. ____________________________

¹ Meet https://www.va.gov/opa/publications/benefits_book/benefits_chap02.asp

ⁱⁱ Id.

³ See 38 CFR §§ 3.303, 3.304, 3.400.

^iv Run into https://taskandpurpose.com/news/3m-earplug-defective

^v 38 CFR § three.156 – New evidence.