There are three requirements to establish Direct service-connection for residuals of injuries and diseases;
In-service documentation of an injury or disease.
A current condition with a medical diagnosis.
"Before November 2000, when the VCAA was enacted, veterans had to obtain a medical diagnosis of a current disability on their own. The VA was not generally obligated to help them in obtaining this medical evidence. Some veterans, who could not afford a private doctor, were placed in a no win situation. They could not receive disability compensation until they submitted a medical diagnosis of their current disability; they could not get the VA to provide them with a free medical examination to obtain this diagnosis because veterans who already had service-connected disabilities were more likely to receive free VA medical care; and they could not obtain a medical diagnosis from a private doctor because they could not afford to pay for the private doctor.
As a result of the VCAA, most veterans who file an original claim for disability compensation do not need to obtain a medical diagnosis on their own. The VA is generally obligated to provide veterans with a VA medical examination to diagnose the current medical condition. There are only a few legitimate reasons for which VA may refuse to schedule a VA medical examination." Veterans Benefits Manual
I have compiled this guide to help veterans understand the VA a little more on how, why, and what is needed to ultimately succeed with their compensation claims. I have also compiled this guide after years of experience in helping other veterans obtain their deserved benefits. - Vike17
To establish service-connection:
There are two types of service-connection
Direct
Presumptive
There are three requirements to establish Direct service-connection for residuals of injuries and diseases;
The following is written from a C & P examiners perspective relating to psychiatric exams. It is a good guideline for all exams but I only did psych exams. I’ve been examined by the VA for multiple problems and this is my format when I go to be examined. A little common sense and clarity of thinking will go a long ways towards getting you what you are entitled.
1. Be on time or a little early.
2. Be polite. Yelling at the examiner for the injustices you perceive will do nothing but alienate him/her.
3. Curse at your risk. You can get your point across much better with proper English than you can with outlandish language.
4. This person is going to judge you. It’s his/her job and that is why you are there. To be adjudicated fairly. How would you like to be remembered? A skuzzy stereotypical veteran? Or a troubled one who is doing the best he/she can?
First, allow me to introduce myself with some background info. I am a veteran, a nurse, a woman, and decide VA disability claims.
I share many of the frustrations of veterans when I see claims that have not been properly or expeditiously decided. It is my mission to correct these where possible. I have called errors on prior decisions and awarded benefits back to the original claim date. I'm sure that I also have made errors and hope others have caught and corrected these.
Veterans or next-of-kin of deceased veterans can use vetrecs.archives.gov
Obtain and Fill out Standard Form 180 (SF-180)
Or Write a Letter to Request Records
1. How to Obtain Standard Form 180 (SF-180), Request Pertaining to Military Records
There are several ways to obtain an SF-180. You can: Read More...
1. View your claims folder at the regional office call 1-800-827-1000 and request an appointment to view your c-file (claims folder).
1. Ensure that all the records in your C-File are yours.
2. Check that everything you have sent to the VA is included in your C-File.
2. After viewing your claims folder (c-file) and correcting any mistakes you may find. Then request a hard copy of your claims folder.
Be sure to checkout our forums for more information HadIt.com Forums
Eligibility
In general , the claimant must be a veteran or the dependent or survivor of a veteran‚ in order to be eligible. For VA purposes, the definition of veteran‚ is‚ a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.‚ Source: 38CFR3.1(d)
Entitlement
Disability compensation. (1) Basic entitlement for a veteran exists if the veteran is disabled as the result of a personal injury or disease (including aggravation of a condition existing prior to service) while in active service if the injury or the disease was incurred or aggravated in line of duty. Source: 38CFR3.1(b)
In plain English and general terms. In order to receive service connected disability compensation through Veterans Affairs. You must have an other than dishonorable discharge. And you must have evidence that the disability occurred or was aggravated in the line of duty.
Everything Veterans Affairs does with your service connected disability compensation claim, is goverened by law. You may want to bookmark this page as a reference as you proceed with your claim.
It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar, V.A. frequently requested manuals are listed below Read More...
BVA (Board of Veterans Appeals) Case Search
If you would like to conduct an on-line search of BVA's decisions, enter the word or group of words you are looking for in the block below. From the resulting list, you can connect directly to individual decision texts or you can return to this page to conduct additional searches. Decisions are current through June 30, 2008.
