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Q141: I have the medical proof from the military, civilian doctors, and medical reports, etc., that show my disability is service-connected. Yet my claim was remanded 4 times. I have been turned down now for over 40 years. Why?
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A1: Don"t give up! Hope this helps 38 U.S.C. 1110 states "veterans are entitled to compensation for disabilities incurred in or aggravated during active military, naval, or air service." There are three requirements to be entitled to veterans compensation benefits.
The veteran must have evidence of a current disability. In almost all cases, this requires a present diagnosis. This diagnosis must be made by doctor or other appropriate medical professional. In other words, the veteran must have a disability that he currently suffers from.
The veteran must also have a disease, injury or incident that occurred during his period of active military service. This is usually shown in the veterans service medical records which the VA is supposed to obtain. It is very important if you are applying for veterans compensation that you request a copy of your C-file and service medical records.
Lastly, need a DBQ form filled and signed by an Independent Doctor that shows and states a veteran nexus between the current disability and the in service disease injury or incident. In other words, there must be a link between the present disability and the veterans time during his period of active military service. There are many ways in which the veterans present disability can be connected to his disease, injury or incident in service. The VA is required to consider all the possible ways to disability could be service-connected. Probably the most common is direct service connection. This is when a disease, injury or incident in service directly caused the veteran's present disability. These cases are usually won when you have a letter from a doctor stating that the in service disease, injury or incident was the cause of the veteran's present disability. Because the veteran is given the benefit of the doubt a doctor only needs to be 50% sure that the in service condition caused the present disability. The language the VA accepts is that it is "at least as likely as not" that the veterans present disability is a result of the specified disease injury or incident in service. If the doctor uses the terminology that it is less likely than not he or she is saying they are less than 50% sure there is a connection. And if the doctor uses the terminology that "it is more likely than not" then he or she is saying there is a greater than 50% chance that the in service disease injury or incident caused the veterans present disability. These opinions from doctors are often called Nexus letters. If you are seeking a nexus opinion from your doctor it is extremely important the doctor is aware of the terminology used by the VA. It is also important for these opinion letters that the doctor have access to, review and state that he has reviewed your file and service medical records. If the doctor references the file in service medical records it strengthens the opinion even more. These opinion letters are even more important when you're trying to prove service connection for a present condition many years after service. (PB) 9/21/18
A2: It would be in your best interest to talk to a Veteran Service Officer (VSO) to help you with your issue, as he/she has the latest information available and can answer your questions and even assist you with a "Decision Ready Claim" once all the documents are in order. It is better, in any case, to let a VSO submit your claims for you. I hope this will help you. (RC) 9/21/18