Just like military administrative work, the Veterans Affairs claim system can be a difficult and confusing process to wade through. With requirements that aren't explained until after a claim has been reviewed and long wait times ruining momentum and productivity, it's hard for a veteran to handle the paperwork process while transitioning to a civilian lifestyle and dealing with a condition. If you'd like a break from the process, consider two situations: clarifying your position on your own and enhancing your claim with a lawyer's help.
What Could You Be Missing?
Unless the VA is blatantly calling your condition false, you're likely missing some key information that could make your claim a success. At its core, the VA selection process is about proving that a condition is service-connected.
To be considered service-connected, your injury or condition must be related to your military service. This means that the condition started during your military years or that a preexisting condition became significantly worse during military service.
It doesn't matter if your condition was caused by combat, equipment, an incident out in town or while on leave; as long as you were in the military, your condition is service-connected. Next, you need to prove that your condition is still a significant problem.
Your evidence needs to outline all of this information. You need to have proof that the issue began during military service, such as a document showing the incident that injured you or a medical record entry showing that you had a confirmed issue in the past.
Paired with the past information, you'll need proof showing that you're still suffering in the form of a medical review. Although the VA performs a review of your condition as part of its compensation and pension (C&P) examination, the VA may opt to review your medical record information instead of giving you an examination. This may result in a hasty denial based on written information, and all before you can afford to seek a civilian medical opinion.
Thankfully, the appeal process is shorter than the initial claim process. You may still have to wait for a while, but the wait can give you time to arrange all information that could draw a map towards your condition being service-connection.
Bringing A Lawyer Into The Mix
It's possible to receive a claim approval without a lawyer, but you may not get the rating that you deserve. If you're struggling to get the right information together and don't want to deal with learning the VA system in and out, get a personal injury lawyer on your side.
Personal injury lawyers have experience with the world of injury law, in general, and although the VA system may seem specific, many of the same traits exist in civilian and VA cases. All of the necessary information such as the time-frame of your injury and the current severity are vital pieces of information that a legal professional deals with every day.
The legal team simply has more experience with finding the information. If your claim is simple enough, they may even be able to let you out of their offices with a simple consultation about what to ask for instead of granting full representation.
If the cost of full representation is an issue, keep in mind that laws exist to protect veterans. Representatives for your claim may not charge more than 33 1/3% of your VA disability backpay owed. This fee restriction and other rules are covered by the Veterans Affairs Rules of Practice document 14.636. Contact a personal injury lawyer to begin planning a more successful appeal.
Share27 August 2015
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