If you've been denied disability benefits from the Veterans Affairs (VA) system, you may not know where to start with the appeal. The denial reasons can be a bit vague, and unless a person at your local VA office tells you exactly what you're missing, there could be any number of missing pieces of evidence. Take a look at what the VA is looking for and ways to align your next appeal with their image of a successful claim.
Is Your Service-Connection Strong?
All VA disability claims must pass what's called a service-connection test. This test asks two questions: is your disability related to your military service, and are you still suffering from the problem? If your condition has nothing to do with your military service, the VA won't give you monetary compensation or advanced tiers of benefits.
It all comes down to the evidence you have from your military service. You'll need official paperwork with a date that falls within your military service dates, from the day you entered service to the day you left the military according to your form DD-214, although a few days difference may be considered on a case-by-case basis.
Military medical records showing that you've been treated or at least complained about the issue are best. If you have civilian medical records from foreign countries, fact-checking the incident may take longer and may become your burden in the form of a denial unless the hospital, doctor or official record-keeping group can be contacted.
To prove that you're still suffering, you'll need to do more than look like you're in pain. All but the most visibly obvious wounds will need a medical exam showing the exact problem and how it's causing (or could cause) issues in your life. Mental conditions may be more difficult to prove, but conditions such as Post-Traumatic Stress Disorder have a recognized process that can work with mental health professionals outside of the VA system.
You May Need A Professional Handling Your Paperwork
Some veterans may have simply forgotten to submit a page from their medical record, or the VA might have missed a particular paragraph that illustrates the veteran's need for benefits. The more difficult cases happen when the VA has all available evidence and still denies benefits.
To argue your point, you'll need new evidence and the ability to argue medical terminology, along with injury law and different policies without the claim system. Unfortunately, unless you were a legal professional in the military, common sense and underlining points won't be enough. It's time to get a lawyer.
A personal injury lawyer can do more than just argue your case in legal jargon. With a lawyer's assistance, deeper research can discover problems and connections that you weren't aware of. There may be specific conditions and legal ramifications, or examples of successful claims that can be used to shape your claim into a more successful form.
The lawyer likely has a network of medical professional colleagues to conference with for you. Medical professionals with claim system experience can draft reports that do more than simply point out a problem. Contact a personal injury lawyer to gain access to medical records that are built around your claim's terms.Share
15 January 2016
When you are involved in a messy car accident, things can get complicated fast. In addition to proving who was at fault, you might also have to worry about healing. However, you don't have to endure long phone calls and complicated insurance paperwork on your own. Hiring an attorney is the key to remaining strong during the aftermath of a car accident. As you think about your own situation, try to figure out if you can do things on your own. If you feel like you need a little help, don't be afraid to talk with an attorney. The information on this website should help you to decide how legal counsel can help you.