American veterans who are injured in the line of duty or develop a service-connected disability or illness over time are entitled to certain disability benefits; however, making a veterans service-connected disability claim does require proving that connection.
There are five recognized ways in which those making VA service-related disability claims can do so.
Veterans seeking disability benefits must establish at least one of these connections to qualify for disability benefits.
1. Direct Service
The main way that most individuals obtain veterans service-connected disability assistance is by proving a direct military service connection to their condition.
This is typically done by providing medical records of ongoing treatment for the condition and other evidence that it stems from something that happened during their military duty.
Sometimes, veterans service-connected disability claims can be made immediately based on a record of the injury happening and other times the veteran will need to undergo a Compensation and Pension or C&P examination as well as submit medical records and other evidence.
2. Secondary Service
The next most common way that a VA service-related disability is proven to be connected to military service is through a secondary connection.
This means that the veteran developed a condition related to a first injury or condition that happened during their service time.
The secondary condition must be caused by the primary condition to qualify.
Proving this veterans service-connected disability will require submitting medical records as well as obtaining an expert opinion that the second condition is a result of the first.
3. Presumed Service
A presumed service connection is one that states that a military member is presumed to have endured certain situations which are known to be related to certain conditions afterward the exposure or incident.
In these cases, veterans service-connected disability claims can be filed under a presumptive connection when that connection is known to exist.
Presumptive connections are assumed for service members who develop illnesses known to be associated with exposure to specific chemicals or events known to have been related to military operations and activities.
Examples would be exposure to Agent Orange in Vietnam, water contaminant exposure at Camp Lejune, PTSD during the Gulf War, and others.
4. Pre-Existing Condition Aggravated By Service
Another form of a secondary service connection, VA service-related disability claims may also be filed when a pre-existing condition has been aggravated by a veteran’s military service in some way.
This must be proven by submitting medical records for the pre-existing condition and then establishing a cause-and-effect reaction to military service worsening that condition.
5. Condition Due to VA Medical Malpractice
Any disability or medical condition that occurs as a result of negligence or other act by a VA medical professional that could be considered an act of malpractice is also considered a qualifying condition for VA disability benefits.
Those seeking veterans service-connected disability assistance must file a Section 1115 claim and progress via that avenue.
VA Disability Benefits Available After Proving Service Connection
To receive VA service-related disability benefits, veterans must prove that their injury or condition is related to their military service in one of the five ways noted above.
Though proving a direct or secondary connection is not always difficult, other connections such as when submitting a Section 1115 form to claim malpractice can be more challenging.
Any veteran with questions or in need of veterans service-connected disability claims help should seek it from knowledgeable professionals trained to help them wade through this often complicated paperwork.
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