People not familiar with VA disability claims may find it strange that combat veterans sometimes lose their VA disability claims while non-combat veterans may win their claims for the same disabilities. The reason for this is a difference in what evidence may be in the claims file of those two different types of veterans.
The good news is that these denials can often be appealed and won by forcing VA to apply what is known as the combat presumption. This presumption can be key to proving the second element for service connection of a disability: an in service occurrence or aggravation of a disease or injury. If the other elements of the claim are present, this presumption may be the difference between winning and losing your claim for service connection.
Why have a combat presumption?
The purpose of the presumption is not to give a special preference to those who fought over those who did not. Instead, it is really intended to level the playing field.
To understand what the combat presumption is, it is important to understand why it exists. Any veteran who was engaged in combat knows that military record keeping during combat periods is usually deficient compared to non-combat periods.
Combat records often do not get created in the first place. Other times, the records are incomplete, lost, or destroyed. If an entire brigade’s records can go missing, then it goes without saying that yours can too.
When it comes to establishing that a particular event or injury occurred in combat, that can be especially problematic since only the more serious or noteworthy events are put in writing. What may have seemed not that important at the time may be extremely important in your claim later on.
This makes it difficult for you, the combat veteran, to provide any military records to support your version of what happened that led to your injury or disease. Fortunately, the law recognizes this difficulty and intends to give special treatment under VA law if you are claiming service connection for a combat related condition.
How does the combat presumption work?
The combat presumption lowers the burden on the veteran to show that what he says happened in service actually happened in service. In deciding this particular element of the claim, the VA “shall accept as sufficient proof…satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease, if consistent with the circumstances, condition, or hardship of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in service, and, to that end, shall resolve every reasonable doubt in favor of the veteran.” 38 U.S.C. § 1154(b).
Furthermore, even if the medical records that may exist do not document the alleged disease or injury, the absence of a specific mention of the alleged incident cannot be used against the veteran to conclude the in service event did not occur.
Does The Combat Presumption Mean Automatic Service Connection?
After all, the lack of combat medical records has no bearing on proving your current condition or a medical nexus between the event and disability. The combat presumption is only in place to level the playing field for combat veterans lacking the usual service treatment records of their injuries.
While the combat presumption does not automatically win your VA disability claim for you, it pushes you much closer to that goal line. If you are a combat veteran who has been denied service connection for combat-related injuries, you may want to talk to one of our VA-accredited attorneys to see if the VA applied this presumption. If not, we can help appeal to make VA apply this presumption and get you the VA benefits you deserve.
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.
I highly recommend Travis and his team. From start to finish, the communication and professionalism were outstanding. Jessica was absolutely amazing — responsive, knowledgeable, patient, and always willing to help answer questions and keep me informed throughout the process.
Travis was also excellent and made me feel confident that I was in good hands. Their entire office treated me with respect and care, and I truly appreciate everything they did for me. If you’re looking for an attorney and legal team that genuinely cares about their clients, I would definitely recommend them.Carlos Thornton
Travis Studdard and his team were always professional and from intake to case resolution, they were extremely pleasant to work with. After working closely with them for roughly six years, they successfully appealed my sleep apnea claim with the VA. At times I thought about giving up, but it was their diligence and confidence in their approach that gave me the ability sustain. There were no surprises, they led me by hand every step of the way. My family and I are truly appreciative for their great work. His team truly cares and it shows. They will fight to the end for veterans. I couldn't be happier with the results.James
I had the pleasure to be helped by Travis and his team on my VA disability claim. They know what they are doing, and I would definitely work with them again. I recommend them to any veteran that has a wrongfully denied claim with the VA...Joel Onomo
Travis and his team helped me get my case done when I couldn't get it done by myself.Everything went much faster and better than I expected.I highly recommend his team for any veteran trying to get a claim processed. Norman Scott,U.S.Army veteranNorman Scott
Jason Perkins and his team are so kind, knowledgable and helpful. They were thorough with all my legal needs and made sure my medical needs were taken care of financially. What I most appreciate is that he was always very clear about what was best for my case, but he also always told me I needed to do what was best for me, both mentally and physically. He was always available to answer questions, made sure I understood, and was willing to let me make decisions regarding my case. His ethics are beyond reproach. He would not take a percentage of a payment he did not help me receive. You can trust him. He always made it clear that my mental and physical well-being were more important than any part of my case. Then he would explain what would be best for the case and why, and allow me time to decide. Being in the Worker's Compensation system was an incredibly demeaning experience. I am a strong, educated woman, but when everyone in a system tells you that you are not worthy of the care you have received your entire life, and you instantly become less than to many of those who are suppose to be caring for you, it would weigh on anyone. I am so thankful I had Jason and his team fighting for me, getting me things I never would have imagined would be denied, like a second opinion before surgery, or physical therapy instead of opioids. I cannot imagine trying to handle this experience by myself.Andri Pilgrim
Would definitely recommend 10/10! The team was super helpful through the entire process, and always were available for questions anytime I needed. Always quick to respond, and we’re always sweet and professional!Haley Nicole
Perkins Studdard LLC has been wonderful to work with from the first day through the final journey. They were prompt in requesting the information from me so they could appeal my claim with the VA. I had exhausted all means trying but they were able to get me to 100%. I would "HIGHLY" recommend using them if you are having difficulty getting anywhere with the VA.Mike Black
When i found this law firm I was going through a hard time not just with the VA but mentally as well. And after i hard denial i reached out to Travis and let me just say that was the best decision of my life. From the first call i knew i had made the right decision they are nothing short of amazing. Shoutout to Jessica and Chandler they both helped ease my stress and make the process so smooth it felt really good to be heard. My only mistake was not reaching out to them sooner. Thank you all so very muchRilesia Singleton
Perkins Studdard LLC has done for me what VSO, the DAV, and I could not do on my own. For 10 years after my last rating the VA was bound and determined to keep me at my current percentage. My body was tired physically and mentally. I needed help that the civilian world was not going to let me stop work for. I contacted Perkins Studdard and worked with Jessica and Travis. To tell you what I ever hoped for was greatly exceeded. I am able to now properly heal since 2007 when I was medically discharged. I promise when we feel like we are forgotten you have people like Travis and Jessica that work hard for you to make sure you are not. Their policy on pay is exceptional and even when I got aggravated they understood how to keep me calm and helped my patience. I think the VA does not like to see them coming. I got the holy grail, home run, I can breath decision I needed. Let them help you!Lisa Jordan
I have enjoyed my experience with Perkins Studdard. The team is always available to answer questions and make me feel comfortable, and like I matter. Did a great job with my VA Disability.Matt Strange
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.
