How to Prove Your Disability to VA

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.

Man with neck injury and woman reading letter 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.

Getting back to the basics of a VA disability claim and what you have to prove, you need to show:

  1. An in-service event, which is the injury or disease,
  2. A current disability, and
  3. 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 Light duty job 2

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.

Thank you Jason and Tina for everything you've done. Much appreciated. Great law firm! Great results!! Thank you!!! (Austin and Valerie)Valerie Mellinger
Travis and the team working on my VA claim are awesome. I’m happy with their integrity and diligence on working on my claim.Chris “Greybeard” Mullennix
I can't express enough how great it was to work with Perkins Studdard. They are extremely knowledgeable, professional and keep you aware of everything happening with your case. Very friendly from the front office to Mr. Perkins. I would HIGHLY recommend Perkins Studdard!James Strickland
I recommend Travis for an Veteran that has been dealing with constant denial with claims. He also , cover cost for my nexus letter when I ran into financial troubles , that helped me win my case.edwin Cook
I highly recommend Travis Studdard to represent anyone looking to help with VA claims. The VA is very difficult to deal with when attempting to get benefits from service connected injuries, at least that's my experience. Travis and his team knows the VA system and the legal procedures to help you get what you deserve. Travis was kind and passionate with me throughout this process and therefore, I highly recommend this law firm to represent DAV's.Terry Hembree
Such an awesome team. They spoke to me like a person and helped me through every decision with knowledge.Kevin Collett
Highly recommend this firm. Did exactly what they said they were going to and fairly timely. The VA is sometimes extremely difficult to navigate but this took all the leg work away from me and got me the result I thought was fair.Andrew Boone
Amazing staff, very informed along with excellent communication. Within just a few weeks of work, Mr Studdard was able to make things happen that normally take years! Highly recommendJacob Sylvester
Perkins Studdard LLC is the place you need to be if you have a Workers Comp case going on! Mr. Jason Perkins and his staff get the results that you need. They work with you and fight for you.Coming from another lawyer my husband and I were really surprised and appreciated the communication and honesty and understanding throughout the entire process. My husband loves the videos because they held so much information and helped him understand what what was going on. Thank you so much for representing us!!!Deborah Tompkins
I highly recommend Jason Perkins and the Team at Perkins and Studdard. Jason did a wonderful job on my case and actually got me better results than what I was hoping for. He was always so patient with me and made sure I was understanding every process in my case. He never seemed to mind me asking questions and always gave me straightforward answers. My phone calls to him or his staff were promptly answered or returned and everyone was always so helpful, personable, and respectful. He kept me updated on all the details of my case and sent helpful videos for me to review that were very informative.Dru Vaughn

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