Shared By Our Veterans Disability Help Reps
Generally, the veteran must have been “discharged under conditions other than dishonorable.” 38 U.S.C. § 101(2); 38 C.F.R. § 3.1(d). The military’s discharge characterizations do not correspond to the VA’s definition, therefore if you see a strange discharge description on your DD-214 you should talk to an accredited representative. Disability is defined as an impairment in earning capacity. Allen v. Brown, 7 Vet. App. 439 (1995). The veteran must prove that they have a current disability, diagnosis, or current disabling residuals from a disease or injury. Service-connected means that the claimed disability was incurred or aggravated in line of duty in active military, naval, or air service. Ferenc v. Nicholson 20 Vet. App. 58, (2006). The evidence must show it is at least as likely as not (a 50% or greater chance) This may be established by medical or, in some circumstances, lay evidence. You must show a link between the claimed in-service disease or injury and the present disability. The VA compensates service-connected diagnosis whether the diagnosis arises as a direct result of your military service or is secondarily related to your military service. For example, if you lost your leg while serving in Iraq, this would be a direct service-connected loss. If you became depressed as a result of your amputated leg, this would be a secondary service-connected diagnosis.
How A Rating Relates to Your Veterans Disability Claim
The VA has a schedule of ratings of reductions in earning capacity attributable to specific injuries or conditions. The ratings are based on the “average impairments of earning capacity resulting from such injuries in civil occupations.” The schedule assigns ratings in 10% increments from 0% to 100%. When a disability falls between two ratings, VA must assign the higher one if your symptoms more closely match its criteria (38 CFR 4.7). See Caffrey v. Brown, 6 Vet. App. 377, 383 (1994). Sometimes you will receive a rating of 0% service connection. Although you will not receive any compensation for a 0% rating, you have cleared the service-connection hurdle and can appeal for a higher rating.
Trouble With Your VA Claim?
If you have been denied benefits or you feel you have received an unjust disability rating, the most important thing to remember is… If you’ve been denied or underrated, don’t let the one-year deadline pass. You can file a Supplemental Claim with new evidence, ask for a Higher-Level Review, or appeal to the Board of Veterans’ Appeals. Choosing within one year keeps your original effective date, which protects your back pay. This means you will have the opportunity to present an argument on why your claim should be approved. We recommend having an experienced disability representative or advocate by your side from the start. An experienced representative or advocate will save you a lot of time and aggravation. If travelling or sitting for hours is difficult for you, The Disability Help Group can help. Contact our group of trained VA disability advocates – we will evaluate your claim for FREE! If we take your case, we will file your claim for you.
