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Breaking Through The Confusion Of A VA Denial

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Disability compensation from the Veterans Affairs office can mean the difference between a safe recovery from military life to civilian life and a struggle just to survive. The monetary compensation can give you time to recover your body without stressing yourself out trying to make ends meet, a form of compensation that is only fair if you were affected by military service. If your VA disability claim was denied, and you're not sure why a legitimate problem would go ignored, take a look at how the VA disability system works and how you could align your appeal for success.

Make Your Appeal Service-Connected

In order to receive benefits from the VA disability program, you'll need to make sure that your condition is service-connected and that there is proof of your current suffering. These two facts are two of the most important pieces of information when it comes to getting an approved claim.

Service connection means that your condition can be linked to military service in some way. Either the condition was caused during military service, started while you were in the military or a pre-existing condition became worse because of military service. It can be hard to prove some of these connections, so you'll need timely documentation to support your point.

Ideally, you'll have official paperwork that was dated during your military service. This rules out the idea that you may have started complaining after leaving the military, and reduces the chance that your claim would be considered fraudulent. The older your claim is (while still during your military service), the better it is for your legitimacy. Some claims made just before leaving the military could be seen as trying to set up for additional benefits, which may result in a denial and even more work during your appeal.

A current medical examination must show that you're still suffering. The VA will perform a compensation and pension (C&P) examination to see if you still have the conditions that are listed on your claim and appeal. If the VA can't find anything, don't give up; you may need a second opinion outside of the VA that can pinpoint the problem, and it's time to get an attorney on your side.

Why Is An Attorney Needed?

The VA will not stop you from seeking another opinion to argue against their decision. In fact, the VA will help you in finding a local medical professional. Unfortunately, you could be spending a lot of time with medical professionals who aren't skilled in working with claims systems.

Many skilled medical professionals may be able to find hints of your condition or even possible cures, but not all physicians have experience with claim systems. They may not know which forms of evidence can expose a problem beyond a shadow of a doubt or how to frame the evidence in a way that is convincing to the claim system. 

There may be specific photographs, blood samples or others places that need to be searched, and the VA may need instructions on how to find those results and perform their own tests. A personal injury attorney can help you find these medical professionals while performing other research for your appeal.

In addition to the medical information, an attorney can research other successful claims, discover the likelihood of success at specific offices and even argue with claims professionals if they don't seem to be giving your appeal its due diligence. For more information, contact Eaby Firm LLC or a similar organization.