You have a disability that you know came from your military service, so you file for VA disability benefits. After waiting quite a while, you receive a denial from VA saying that you have not demonstrated that you have a “disability”
How do you correct this problem that many veterans face? Much of it comes down to providing the proper documentation for your injury. Also, you need to provide the evidence in the manner that VA requires.
I am writing this article to provide veterans with several tips to help avoid this problem or to try to correct it on appeal. I hope you find it helpful.
Make sure you have evidence of your disability
First off, you must have evidence of a disability. From VA’s standpoint, you either have a disability or you do not. It is a simple yes or no type question. There is no “in between”.
You will need medical evidence of that disability to present to VA to show that you have a disability. Be sure and get a medical diagnosis. Because you need a medical diagnosis, you will want to get a medical professional to give that medical diagnosis.
That medical professional is usually a doctor. They can be an M.D. or a D.O. With certain types of disabilities, other medical professionals may also qualify to provide that medical diagnosis for you. These could include a psychiatrist, psychologist, nurse practitioner or maybe even a chiropractor.
Demonstrate that your disability is current
Secondly, you must show that you have a current disability. If you had an injury that caused a disability years ago but you no longer have any problems currently as a result of that disability, you do not have a current disability.
Again, you can only receive disability compensation benefits when you are still disabled. Usually you are applying now so you need to have the disability now.
You can’t say, “Well, I had a disability 10 years ago. I no longer have it, but I want to be paid for that prior period.” It doesn’t work that way in almost every case. Again, your disability must be current. It must be ongoing now.
Injury does not equal disability
The third point I wanted to raise to you is that an injury is not a disability. Sometimes this is a point of confusion for many veterans.
An in-service event, which is the injury or disease,
A current disability, and
Nexus, or that link between the in-service event and the current disability.
As you can see, your injury and disability are two different things. But, many veterans get confused on this point.
Examples of when injuries are not necessarily disabilities
An example that I often see is a veteran who contacts me to file for Agent Orange exposure. Well, you cannot file a claim for agent orange by itself.
You can file a claim for disabilities that Agent Orange caused, but the exposure to Agent Orange or other herbicides is not a disability in and of itself. That exposure to those chemicals was the injury or the actual in-service event.
Now, you may have disabilities that are related to that VA presumes are related to Agent Orange exposure. These disability could include heart disease, cancer, Parkinson’s disease, diabetes, and a host of others. But, you need to prove those disabilities through medical evidence or VA will likely deny your claim.
If you do not have one of those disabilities or another that you can prove through medical evidence, then you don’t have a current disability. You have an in-service event. Again, you need both the in-service event and current disability to qualify for benefits.
Let’s talk about another example. Assume that you sprained your ankle in service. You had an injury, but that does not mean you get to claim VA disability benefits now. You do not get paid benefits just because something happened in service. You still have to suffer from the effects of that in-service event now.
Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. He regularly writes about issues that are important to veterans and their families.
You can subscribe to his Veterans Disability channel on YouTube.
Jessica, Travis, and his team are nothing short of angels. I was not making progress, so I spent 6 months researching law firms. I'm beyond grateful that they took the time to help me and I'm confident that no other firm could have gotten the same results.
The process was the most difficult and mentally defeating experience of my life, but they took 100% of the bourdon off of my shoulders. They communicated every step of the long and overly complicated process. I'm forever indebted to these people and I will never forget them. Every Christmas I pause to think about my guys who didn't make it home, and I'll keep this team in my thoughts during those hard times.
I know it's difficult, but there are people like Travis and his team out there willing and able to help. To the warriors, keep your head up and stay in the fight.Michael
I can’t say enough wonderful things about Travis, and Jessica at Perkins Studdard! They went above and beyond for me and did everything they could to help. Their kindness, professionalism, patience, and genuine care truly meant a lot to me. I’m incredibly grateful for everything they did and the way they treated me. I highly recommend Travis and Jessica at Perkins Studdard to anyone looking for people who genuinely care about their customers. Thank you both for everything!Joe Tarno
They got me over $100,000 in back pay. Got me to 100% P&T.James Powell
I initially started my workers’ compensation case with another attorney. Although he was a good attorney, I eventually realized that I needed a different level of communication and support throughout my case. After searching online, I came across Jason Perkins and decided to give him a try. I can truly say that I have not regretted that decision.
One of the things I appreciated most about Jason and his team was how responsive and communicative they were. Having an attorney who kept me informed was extremely important to me. I never felt like I had to constantly call and ask what was happening with my case or where things stood. Whenever there was movement or an important update, Jason and his team made sure I knew about it. I always felt informed and included throughout the process.
Jason was also straightforward with me and consistently gave me what he believed was the best advice for my situation. My case was a lengthy process, but having an attorney I trusted and knowing that my case was being handled properly made that process much easier to get through. I never felt like I was just another case or that I was being left in the dark.
Looking back, I am very glad that I made the decision to switch attorneys and work with Jason Perkins. He and his team gave me the communication, guidance, and reassurance I needed throughout a very long process. I would absolutely recommend Jason to anyone looking for a workers’ compensation attorney who will communicate with you, keep you informed, and genuinely work to get the best possible outcome for your case.Christina Barrett
Jason did a great job very fast and efficient got me a bankroll in less than 30 days i highly recommendReality Rap
OMG, I wish I could articulate how Fantastic (5 stars) my experiences have been having Travis Studdard represent me over the years. He is amazing at what he does and he has done so much for me I can never thank him enough. Jessica is also Fantastic and always responds expeditiously.
I highly recommend Perkins Studdard LLC to represent you!!
Thank you for all your fantastic work representing me, I sincerely, appreciate it!!keith morrow
Jessica and Travis listened and worked very hard getting us a really great disability payment. Thank you so much for listening and every month we appreciate your time and energy. Thanks againJeannie Brown
Working with Jason was an absolute pleasure if I had any questions or concerns they were right there with the right answers I would recommend Perkins and Studdard to anyoneRickey
I recently needed a lawyer for a Workers Compensation Inj. The Dr. I saw ordered back surgery. The company declined to approve the surgery. So i went to the Law firm of Perkins & Studdard, as they were highly recommended…Mr. Studdard is a Veterans Affairs Lawyer. Mr. Perkins & his staff handled my case… every person in the firm were nice, helpful, and showed empathy for my situation. Mr. Perkins is very thorough & at the same time worked diligently for me. He got me compensated fairly. If not for this Law firm im not sure what i would’ve done. Thankfully they lowered my stress and communicated regularly.
If you need help with an injury etc… Perkins & Studdard is who I highly recommend!!!tim copley
After my VA claim was denied, I felt defeated, depressed, and overwhelmed. I spent a lot of time researching different agencies, only to find that many of them made promises they couldn't back up and were not properly accredited.
I decided to give Perkins Studdard LLC a chance because they were accredited, and it turned out to be one of the best decisions I've ever made. From the very beginning, Jessica, Travis, and the entire team were professional, knowledgeable, and genuinely committed to helping me navigate the VA claims and appeals process.
Their guidance, communication, and dedication made a difficult process much easier to manage. Thanks to their hard work and expertise, I finally received the benefits I had been fighting for.
I highly recommend Perkins Studdard LLC to any veteran seeking assistance with a VA claim or appeal. Don't waste your time elsewhere—this team truly cares and delivers outstanding service.nelson figueroa
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.