For a veteran to qualify for VA disability benefits, there needs to be a connection between their current illness or injury and their military service. This connection is called a service connection and it is the reason why veterans are eligible for disability benefits through the VA.
5 Ways to Prove a VA Service Connection
- Direct Service Connection
- Presumptive Service Connection
- Secondary Service Connection
- Aggravated Service Connection
- Disabled or Injured by VA Health Care Treatment
When a veteran applies for VA benefits due to an injury, illness, or chronic condition, they must prove that it was caused by or related to their military service. This is called establishing a service connection. It is necessary to collect a monthly benefit payment and receive free medical treatment at any VA hospital. The veteran’s disability rating, determined by the VA, will determine the amount of benefits they receive.
Why Is a Service Connection Important?
Establishing a service connection is not just important for receiving benefits. It also allows veterans to receive free medical treatment for their condition. This is especially important as many of these conditions require ongoing treatment. Moreover, a veteran can also apply for life insurance through the Service-Disabled Veterans’ Insurance Program.
Even if a veteran does not receive a disability rating, they may still receive two benefits: free medical treatment and life insurance. Veterans with non-compensable conditions that prevent normal, gainful employability may also collect benefits according to a 10% disability rating.
Disabilities that develop later in life may be linked to a service-connected condition. Veterans should discuss with their primary care physician if any injury or illness can be linked to their military service, as it may qualify for VA benefits. Lastly, special monthly compensation may be paid to a veteran whose disability necessitates aid or attendance, such as if the disabled veteran is missing a limb.
5 Ways to Prove a VA Service Connection
1. Direct Service Connection
A direct service connection is when a veteran’s injury, disability, or chronic condition started during their time in service. This can be proven with service medical records, or by showing that the current illness or injury is related to something they were diagnosed with during service. If there is any doubt about the direct service condition, a letter from a doctor that suggests the condition began during service (supported by reason and service medical records) must be taken into account by the VA for benefits.
The Saunders v. Wilkie court case ruled that veterans may also receive compensation for pain that is directly related to their military service, even if there is no underlying medical condition accompanying the pain. It is important to note that even if it is evident that the current illness or injury occurred during service, a medical nexus must be established linking a disabled veteran’s current disability or illness to an event, injury, or illness that occurred while serving during active duty.
2. Presumptive Service Connection
A presumptive service connection is established when a veteran begins to experience an illness or develop an injury after their service, but there was no acute event to make a direct service connection. This type of service connection may have additional rules relating to where, when, and how long a veteran was serving in the military.
Establishing a presumptive service connection has additional rules for veterans who have been exposed to significant amounts of biological and chemical weapons, pesticides, air pollutants, contaminated food and water, among others, due to the use of Agent Orange or participation in the Gulf War. The PACT Act has added 20 presumptive conditions to the VA list of presumptive conditions, and it provides expanded toxic exposure screening for every veteran enrolled in the VA healthcare system.
In some cases, disabled veterans seeking service-connected disability compensation may not even need to provide evidence that they were directly exposed to the underlying danger, such as veterans who served in Vietnam where Agent Orange was used.
3. Secondary Service Connection
If a veteran’s service-connected disability causes another disability or worsens a non-service-connected disability, a secondary service connection can be established. The best evidence for this type of service connection is a medical opinion from a doctor that clearly and convincingly links the two conditions.
Many veterans are not aware of the possibility of receiving benefits or establishing a service connection because of a secondary injury, especially if the service-related aggravating condition worsens a condition that had or has nothing to do with service. Furthermore, sometimes the second condition can carry a higher disability rating, which means more benefits.
Examples of secondary service connection for a disability claim include a veteran leaving active military service with a mental health condition or physical impairment that prevents gainful employment, leading to depression. In this case, depression would be a secondary service connection. Alternatively, a veteran may have back problems when leaving service, which can impact the mobility of their lower extremities and result in issues with their knee having a full range of motion. In cases like these, compensation can be provided for the secondary illness or disability.
4. Aggravated Service Connection
If a veteran had a pre-existing injury or chronic condition before entering the service, and it was noted in their military entrance examination, they can establish an aggravated service connection if their service worsened the disability. However, if the VA can prove that the condition is worsening naturally, benefits will be denied, making it beneficial to seek the help of a VA disability attorney. On the other hand, the veteran must prove that the aggravation of this disability is not temporary. A medical opinion from a doctor is the best way to establish this type of service connection.
The Department of Veterans Affairs has outlined some additional points for those seeking disability compensation or at least a service connection. The Presumption of Soundness doctrine states that service members enter active duty without any defect unless something is noted in their entrance examination. While this doctrine may not be useful for disability compensation benefits, it can help establish other types of service connections.
To avoid issuing benefits for a direct service connection, the VA must show that the condition predated service and that service did not aggravate the condition. The Presumption of Soundness doctrine also applies to applications seeking to establish an aggravated service connection.
5. Service Connection Through VA Health Care Treatment
The fifth way to establish a service connection is by proving that the injury or illness was caused or made worse by VA healthcare. If the VA healthcare system caused an injury or worsened an existing one, the veteran can collect benefits through a Section 1151 Claim. This claim can also recoup damages through the Federal Tort Claims Act for medical malpractice, such as negligence and misdiagnosis, which can sometimes lead to disastrous results for the affected veteran.
It is important to note that a veteran who was injured during a vocational rehabilitation program or work therapy program can also file a 1151 claim, even if it was not the fault of the Veterans Administration. Surviving spouses or dependents can also file a 1151 claim if they have the necessary evidence. Since claims of this nature can be difficult to prove, it is crucial to gather medical evidence immediately.
Service-Connected Disabilities
Establishing a service connection is crucial for accessing many VA disability benefits, such as free healthcare and life insurance. It’s not just for those disabled while on active duty, as a medical condition that developed after service or was aggravated by service can also qualify for VA disability compensation benefits. Even those injured by VA healthcare can file a claim.
The key to success is assembling the right paperwork, getting doctors to use the right VA form, and presenting a convincing case to the Veterans Benefits Administration.
Navigating the process of obtaining disability compensation benefits can be challenging, but a veterans disability attorney can help you determine the best path forward. Whether it’s pursuing a presumptive service connection or seeking damages in federal court, consulting with a lawyer can provide valuable advice on how to apply for VA benefits. Most lawyers offer free consultations, so there’s no harm in discussing your condition and getting advice on how to move forward.