How do I prove service-connection?
To prove service-connection, submit all documentation you have that shows that your conditions meet the requirements for one of the categories of service-connection or one of the categories on the Presumptive List. I am a Reservist. How do I prove service-connection?
How do I qualify for service-connection?
There are multiple ways for conditions to qualify for service-connection. The simplest way is to have clear proof of their diagnosis and treatment in your service treatment records.
How is service connection established?
Service connection can also be established by presumptive service connection. There are some disabilities that are presumed to be service connected under certain circumstances.
How do you establish service connection with the VA?
The fifth way that service connection can be established is through a service connection based on VA medical care. This type of service connection exists where there has been an injury or aggravation to an injury caused by VA hospitalization, VA medical surgery or treatment, a VA exam, or VA vocational rehabilitation.
How do I upgrade my service connected disability?
How Do I Increase My VA Disability Rating?Filing an appeal within VA's deadlines.Filing a new claim for an increased rating.Filing for TDIU, or total disability based on individual unemployability.Filing for secondary service connection.
How do I know if my service connected disability is permanent?
How to Know When Your Disability Rating is Permanent. Take a look at the decision letter VA sent you when granting benefits (i.e., your Rating Decision's Notice of Action letter). On some Rating Decisions, there is a Permanent and Total box that will be checked if your 100% disability is permanent.
Will the VA pay for outside treatment?
VA will also help resolve billing issues with the community provider. VA can pay for emergency medical care outside the United States if the emergency is related to your service-connected condition. More information can be found through the Foreign Medical Program (FMP) resources listed below.
Do you get free healthcare after military?
For many departing service members, it's an abrupt transition. That's because under TRICARE, the military health insurance for active-duty members and their families, health care is free.
What is the VA 5 year rule?
The VA disability rating 5-year rule states that the U.S. Department of Veterans Affairs (VA) cannot reduce a veteran's disability rating if it has been in place for five years or more unless the condition shows sustained improvement over time. In this situation, the veteran's rating is considered a stabilized rating.
How long does VA disability last?
If VA assigns you a 100% rating, it has the option of also designating you permanently and totally disabled. If you receive this designation, your benefits are safe for the rest of your life.
Can the VA refuse to treat a Veteran?
You can agree to or refuse any treatment. You will be told what is likely to happen to you if you refuse a treatment. Refusing a treatment will not affect your rights to future care but you take responsibility for the impact this decision may have on your health.
Can VA fill prescriptions from non VA doctors?
VA cannot fill prescriptions that are written by private physicians. Will the VA pay for a prescription filled at a non-VA pharmacy? No. VA is not responsible for payment of outside physician's fees or medication.
Will the VA pay for my surgery?
VA medical facilities provide a wide range of services, including traditional hospital-based services such as surgery, critical care, mental health, orthopedics, pharmacy, radiology and physical therapy.
Do veterans get free healthcare for life?
If you are a 50% or greater disabled veteran or a former POW, all your medical care from the VA is free. There are other groups that may get some, or all VA medical care for free, see our VA Copay page for details.
What VA benefits do I qualify for with a honorable discharge?
Veterans with an honorable discharge are entitled to all VA benefits (e.g., disability compensation, educational, healthcare, vocational).
What benefits do you keep after leaving the military?
States also offer housing benefits, financial assistance, and employment programs for you and your family. There are also other free services, discounts on state taxes & fees, and preferences for certain training programs.
What is Service-Connection?
Service-connection means that a veteran's medical condition was directly caused by their military service. Both the VA and the DoD only give disabi...
Do my conditions qualify for service-connection?
There are multiple ways for conditions to qualify for service-connection. The simplest way is to have clear proof of their diagnosis and treatment...
Why does service-connection matter?
By law, the military disability system is set up to compensate veterans for any conditions that are the result of their military service. This is t...
Why do I have to prove service-connection?
Both the VA and the DoD can only compensate veterans for conditions caused by their military service. Veterans are required to provide proof of ser...
How do I prove service-connection?
To prove service-connection, submit all documentation you have that shows that your conditions meet the requirements for one of the categories of s...
I am a Reservist. How do I prove service-connection?
Reservists have to show that the condition occurred not only during their military service, but also directly in the Line of Duty. This means that...
Can conditions that existed prior to service be service-connected?
Conditions that existed prior to service (EPTS) can only be considered service-aggravated. They can still qualify for compensation, but you'll have...
How do I prove service-connection from secondary conditions?
The VA will provide disability benefits for any condition caused by another service-connected condition, even if it develops years after discharge....
Why does the VA issue a presumptive service connection determination?
The VA presumes that specific disabilities diagnosed in certain veterans were caused by their military service, so it issues a presumptive service-connection determination. The VA does this because of the unique circumstances of the veteran’s military service. If you fit into one of the following groups and are diagnosed with one ...
How long is a POW considered service connected?
Stroke and its aftereffects. Former prisoners of war for at least 30 days: If you were a POW for at least 30 days and are diagnosed with a disability that’s at least 10 percent disabling for any of the following conditions, your condition is considered service connected:
How long does it take for a person to get numb from Agent Orange?
Peripheral neuropathy (numbness of the fingers, toes, hands, or feet) if it manifests within one year of exposure to Agent Orange. Chloracne (acne-like eruption of blackheads and cysts caused by over-exposure to chemicals) or other diseases similar to chloracne if it manifests within one year of exposure to Agent Orange.
How to qualify for VA disability?
To qualify for VA disability compensation, the VA must determine that your medical condition was caused or aggravated by your military service. Service connection for a disability or death can be established through many ways. The four most common are: The disability or condition was incurred in military service.
What does the VA consider when making a determination?
When making a determination, the VA considers the places, types, and circumstances of your military service as documented in your service records. The VA gives particular weight to combat duty and other hardships of service. Because of a service-connected disability, a secondary condition has occurred. It has been scientifically proven that some ...
Can a service connected disability cause other medical conditions?
Because of a service-connected disability, a secondary condition has occurred. It has been scientifically proven that some medical conditions can cause other medical conditions. For example, it is medically known that individuals who have had an amputation of the leg at or above the ankle are prone to develop heart disease. ...
What is service connection?
Service connection is a key part of applying for disability benefits through the U.S. Department of Veterans Affairs. If you have had a disability since your time in service and believe that it is related to your service, then it is important in your VA claim to get that disability service-connected. Establishing this service connection is ...
How many methods are there to establish service connection?
There are five main methods to establish service connection:
What is service connection compensation?
The most common benefit obtained by service connection is disability compensation. This is a monetary award in which you will be compensated a specific dollar amount based on several factors, including the severity of your disability, special compensation, and any persons you may claim as dependents. This compensation can also be awarded on ...
How to establish a direct service connection?
Using this method, the veteran must show that he or she currently suffers from a disability that began during service. You can generally show this through evidence like service medical records. Direct service connection can also be established by showing that the veteran currently suffers from a chronic condition that began in service or that the veteran showed symptoms of, or was diagnosed with, a condition during service which developed into a current disability. A medical opinion from a doctor which states that it is as likely as not that the current disability is linked to service, which is supported by reason and references the veteran’s medical record, is very helpful. The VA is required to give a veteran the benefit of the doubt is there is equal evidence for both sides.
What is a medical opinion from a doctor who states that the symptoms during the presumptive period were?
A medical opinion from a doctor who states that the symptoms during the presumptive period were a manifestation of the disability is essential, especially when combined with lay evidence from friends or family establishing that they observed such symptoms during that time period.
What is the best evidence for a veteran's service connection?
Again, the best evidence for this type of service connection is a medical opinion from a doctor which states that the aggravation of the condition was caused by service and not by the natural progression of the disease.
How to apply for VA disability?
In order to apply for disability compensation, disabled veterans need to show that their illness or injury resulted from military service in some way. In simplest terms, when you are filing a claim for VA benefits, you are really asking the VA for “service connection” for a specific disease, injury, or disability.
What is service connection VA?
Generally speaking, service connection is the way that VA recognizes that a disability is related to a veteran’s military service in some way. Once service connection is granted, then a veteran is eligible to receive VA disability compensation benefits for that condition. There are five main ways of pursuing service connection, ...
What is service connection based on aggravation?
In some cases, service connection based on aggravation is similar to secondary service connection as described above. A veteran may have service connection for something, and that is aggravating something else for which they want to file benefits. For example, a veteran has a service-connected back condition and also experiences depression. Even if the service-connected back condition is not the direct cause of the depression, the veteran could potentially get service connection for depression based on aggravation. In other words, if the veteran’s depression is aggravated by their service-connected back condition and therefore, the two conditions are related.
Why is service connection based on aggravation difficult to establish?
Service connection based on aggravation can often be difficult to establish because VA tends to deny such service connection on the basis that the veteran’s condition pre-existed service. However, that analysis is often inadequate. Service connection based on aggravation is another avenue for veterans to seek service connection for a condition.
How does VA rate secondary service?
The way VA rates a secondary condition depends on how it is related to the primary service-connected condition. If it is direct and straightforward, meaning condition “A” caused condition “B,” then VA is going to rate condition “B” (i.e., the secondary condition) under the appropriate diagnostic code. The rating percentage will then be factored into your combined disability rating accordingly. However, if you are granted secondary service connection based on aggravation, it gets a little more complicated. At that point, VA will try to establish what is called the baseline level of severity before the secondary condition was aggravated beyond its natural progression. From there, VA will see how severe the secondary condition is now that it has been aggravated by the primary service-connected condition. In the final step, VA will take the difference between those two ratings and assign a disability evaluation based on that. Ultimately, the rating will sometimes be a little bit lower if it is based on aggravation versus the more direct route described above.
What is direct service connection?
Direct service connection is arguably the most common form of service connection that veterans pursue and receive. In order to establish direct service connection, VA requires veterans to fulfill three elements:
Can a veteran receive disability if they have pain?
This means that if a veteran has pain related to their time in service, but does not have an underlying medical diagnosis, they can still receive VA disability benefits. Nonetheless, having a confirmed diagnosis may still be the easiest way to establish the first element of service connection.
Do veterans need a disability diagnosis?
It is worth noting that veterans do not actually need to have a diagnosis of a disability for service connection to be granted. For example, when it comes to Gulf War illness, veterans can have an undiagnosed illness that may be related to exposure to environmental hazards during their service.
What is service connection VA?
Basically what service connection means is exactly what it says, the injury or illness was connected to the active-duty military service. Now, that does not mean that the veteran is limited to being harmed in combat or training. It also included any injury or illness experienced during the time the veteran was Active Duty as long as the injury was not due to willful misconduct. They may also include diseases or injuries that occur after service but are secondary to an illness or injury that did occur in service (secondary condition).
Why do military members not want to go to the doctor?
There are many reasons why, but one of the main reasons is that active duty military members do not want to go to the doctor for fear of being medically discharged for a medical condition that is potentially going to limit them from doing their job.
What is the duty of the VA?
The VA has a “duty to assist” by law. The law, the Veteran’s Claims Assistance Act (VCAA) defines the VA’s role and responsibilities in assisting veterans in developing their claims by attempting to obtain evidence from Federal agencies and providing a VA medical exam or a medical opinion if deemed necessary.
Can veterans have a representative to assist with a claim?
Having a representative to assist with the claim can also help provide veterans with researchers who can try to find that evidence to prove the claim. It does not always work, the road is not always smooth and straight, but if you do not try, the answer will always be no.
Do veterans qualify for presumptive service connection?
If a veteran qualifies for presumptive service connection, they won’t need to present the same evidence as those filing for other types of service connection to receive veterans disability benefits. This is because the veteran meets certain eligibility requirements. For example, Vietnam Veterans who served in specific locations during a specific timeframe are presumed to have been exposed to Agent Orange. If they’re living with one of the conditions presumed to be connected to this chemical exposure, they are automatically eligible for benefits. Gulf War Veterans have a similar set of presumptive conditions.
How many methods of establishing service connection for a current disability, disease, or illness?
Here are the five methods of establishing service connection for a current disability, disease, or illness.
What is direct service connection?
While a direct service connection can be established in any number of ways, it generally means there is clear evidence of an incident that occurred while the veteran was in service as well as evidence of "linkage" between the incident and the lasting disability.
When a military veteran files a claim for disability compensation with the VA resulted from military service, the veteran?
When a military veteran files a claim for disability compensation with the VA resulted from military service, the veteran must establish how the illness or disability is connected to military service.
What are the conditions that a prisoner of war would be entitled to?
If that person was a prisoner of war for thirty or more days, disabilities to a 10% degree or greater including malnutrition, chronic dysentery, and liver cirrhosis (among many others) would be regarded as service-connected, and that veteran would be entitled to disability benefits.
What is pre-existing injury?
Pre-Existing Injury Aggravated by Military Service. In this type of service connection, the veteran had a condition prior to military service, and then an event occurred in military service that made the pre-existing condition worse. Example: a veteran had a skin condition prior to entering military service, but due to exposure to certain chemicals in the military, the skin condition was made worse than it ever would have been on its own. In situations such as this, the military service is said to "aggravate" the pre-existing condition. In such cases, the pre-existing condition usually must be noted on the service member's original medical exam, showing that the service member was not originally of sound health.
Do veterans have to prove their medical condition is related to their military service?
Veterans do not have to prove that their current medical condition is related to their military service -- the law presumes it.
Does military service aggravate pre-existing conditions?
In situations such as this, the military service is said to "aggravate" the pre-existing condition. In such cases, the pre-existing condition usually must be noted on the service member's original medical exam, showing that the service member was not originally of sound health. Secondary Service Connection.
What factors are considered when determining VA service connection?
To determine service connection for other conditions or exposures not eligible for presumptive service connection, VA considers factors such as the amount of radiation exposure, duration of exposure, elapsed time between exposure and onset of the disease, gender and family history, age at time of exposure, the extent to which a nonservice exposure could contribute to disease, and the relative sensitivity of exposed tissue.
What is the minimum VA service connected rating for CRDP?
To qualify for CRDP, Veterans must have a VA service-connected rating of 50 percent or greater , be eligible to receive retired pay, and:
What is CRSC in VA?
Combat-Related Special Compensation (CRSC) is a DoD program that provides a tax-free monthly payment to eligible retired Veterans with combat-related disabilities. CRSC, in effect, restores retired pay lost due to VA disability compensation offset. Veterans must apply for CRSC through their branch of service.
Do veterans qualify for CRSC?
To qualify for CRSC, Veterans must be eligible to receive retired pay, and:
Is Agent Orange a combat related disability?
Disabilities related to in-service exposure to hazards (e.g., Agent Orange, Gulf War illnesses, radiation exposure) for which VA awards compensation are considered combat-related for CRSC purposes. However, Veterans still must apply to their branch of service for a combat-related determination.
How to prove service connection of disability?
You prove service connection of your disability by showing what is called “ continuity of symptomatology “: that you have had continuous symptoms of your disability from service to diagnosis. You can prove a claim like this using only lay evidence – you do not need to provide a medical expert opinion. That’s the upside.
What is a catch in a service connection?
The “catch” is that the link between the two conditions has to be cause and effect: the disability that has been service connected caused the second disability. This type of service connection cannot be proved by lay testimony, except in the rarest of rare situations.
What is the Gulf War Syndrome presumption?
The Camp Lejeune presumption – presuming that certain diseases are related to proven service at Camp Lejeune in a certain time range – is probably the most recent legal presumption.
Does the VA have to presume a relationship with your disability?
However, there are several laws that require the VA to presume that there is a relationship between your service in the military and your current disability. Those include: “1st year presumption.”.
Do you need a medical expert opinion to establish secondary service connection?
Nearly every time, you will need a medical expert opinion to establish secondary service connection. Learn more about secondary service connection by watching the video at this link.
Can you get a C&P with the VA?
In the first way, you have a medical expert explain to the VA the relationship between your military service and your current disability. The VA will often send you out for a C&P examination, but the C&P system is designed to deny all but the simplest of claims. You can also get your own private medical opinion to help establish nexus.
Can you prove disability in VA service connection?
What you are ultimately trying to prove in any VA service connection disability compensation claim is that you have a current disability that is related to your military service. Most veterans do not have a problem proving to the VA that they have a disability. And most veterans do not have difficulty proving what happened to them in service.
When was the last update for Service-Connected Veteran Benefits?
Service-connected Veteran benefits. Last updated on March 22, 2021. Brian, what service-connected Veteran benefits am I eligible for under the law?! It’s a question I hear all the time, and wanted to make you aware of some benefits that you are eligible for.
Do veterans have to pay the VA finding fee?
Waiver of VA finding fee for VA home loan. All Veterans utilizing the VA Home Loan Guaranty benefit must pay the funding fee. This is a percentage of your loan amount. The loan amount varies due to the type of loan and your military category if you are a first-time subsequent loan user and if you make a down payment.
What to do if VA denied secondary service connection?
If VA denied your claim for secondary service connection, Chisholm Chisholm & Kilpatrick LTD may be able to help you file an appeal. The accredited veterans’ advocates and attorneys at CCK have the knowledge and experience needed to help veterans prove secondary service connection and secure VA benefits.
What are the different types of service connections?
There are several types of service connection, including direct service connection, presumptive service connection, and, of course, secondary service connection.
How to apply for VA disability benefits?
Veterans should fill out and submit VA Form 21-526EZ – VA’s application for disability compensation and related compensation benefits. Veterans may do so online using the eBenefits portal, in person at their local Regional Office, or with help from an accredited veterans’ advocate or attorney.
What is a nexus in VA claims?
In claims for secondary service connection, proving a nexus (i.e. link) is especially important. A nexus is a medical opinion that, in cases of secondary service connection, links a veteran’s secondary disability to their already service-connected disability. The nexus between your primary disability and your secondary disability must be clearly established in order to be granted secondary service connection for the disability. As such, medical opinions from either VA healthcare providers or private doctors are critical pieces of evidence in claims for secondary service connection. Importantly, any medical records showing a connection between the conditions are also worth submitting to VA.
How to contact CCK for free consultation?
Reach out to CCK today to schedule a free consultation at 800-544-9144.
Why do veterans have hypertension?
Veterans with post-traumatic stress disorder (PTSD) may develop hypertension secondary to their PTSD, due to the increased stress and anxiety they experience.
Can you claim secondary disability benefits with VA?
You must clearly establish a link between your primary service-connected condition and your secondary condition to be granted additional disability benefits. VA health care providers or private physicians can offer critical medical evidence to substantiate secondary VA claims. Any relevant medical records should be submitted to VA.
