Establishing a Link Between Your Disability and Your Military Service
Veterans hoping to receive disability benefits must establish a connection between their military service and their disability. Although this “nexus” is presumed in a few situations, most veterans must come forward with evidence to establish this critical link. At Empowerment Legal, PLLC, we excel at developing claims so that our clients can receive the benefits they badly need. Call us to schedule a consultation.
How We Develop Claims
Establishing a service connection or nexus is at the heart of the disability claims process. It’s not enough to tell the VA you are disabled. Many people are disabled because of poor health or because they got into an accident once they left the service. The VA will only pay benefits if your disabilities stem or are connected to your time in the military.
The key is usually showing an in-service injury, illness, or event which is the cause of your disability. Some possible pieces of evidence include:
- Service treatment records. These records help establish dates, as well as your earliest symptoms and a doctor’s diagnosis. Without service treatment records, you face a steep uphill climb to qualifying for benefits.
- Personnel records. They can show your duty assignment and location.
- Combat records. Were you hurt in combat? Your records can help establish and support your testimony.
- Incident or accident reports. These reports prove the accident really happened, as well as the date.
- Lay statements. Other servicemembers could have observed the accident or incident, and they can offer testimony in support of your claim.
Moreover, you need testimony or evidence that establishes the medical nexus. This is the link between your current disability and the in-service injury or incident.
Typically, we rely on a medical opinion to establish your disability is mostly the result of an in-service event. Some events are dramatic and the causal connection is obvious. A classic example is someone injured in combat. If you are shot or hurt by explosives, then certain injuries are clearly the result of the combat.
The nexus is harder to establish in other situations, such as when dealing with toxic or chemical exposure, or mental health conditions stemming from traumatic experiences. A doctor can explain to the VA how we know your condition was caused by your service.
Some factors also influence your ability to establish a nexus. One is the passage of time. If you are immediately disabled after an in-service event, then a nexus is usually easier to see. This is usually true with dramatic accidents.
But the nexus is harder to see when years have passed since you were in service and your disability manifests. Toxic exposure might take years to manifest, and you could have separated from the service by the time your initial symptoms manifest.
Schedule Your Consultation with Our Office
Our law firm can explain more about the evidence you need to make a successful claim for benefits. We have years of experience representing service members, and we are happy to explain the process in greater detail in a consultation. Call Empowerment Legal, PLLC to speak with a Jacksonville other claim development lawyer .