There are times when getting assistance for military service injuries seems like an uphill battle. Burden of proof, severity and paperwork problems can be a litigious nightmare, but with the help of a personal injury attorney and a professional medical team, you can promote a much more compelling case in your favor. Consider a few supporting factors and evidence-gathering techniques that can help your claim move closer to success.
Why Are Military Claims Denied?
There are many reasons that a claim could be denied, but they generally fall into one of two categories: lack of information or lack of service connection.
For a lack of information, there simply isn't enough information to prove that your injury claim is accurate. You may not have medical evidence such as x-rays, medical examinations or confirmed statements for medical procedures during military service to prove that your injuries are what you say they are and that current complications are a result of injuries sustained during military service.
A service-connected injury is an injury that is confirmed to have come from government service. You may have a valid disability that deserves compensation from some type of program, but the evidence presented may suggest that your injuries happened before or after military service. The Department of Veterans Affairs can offer limited assistance for injuries not related to service, but compensation is generally not available.
Getting Evidence After Military Service
The military record-keeping systems are far from perfect and it's understandable that some of your injuries may not have been documented. Even worse, you may not have been able to contact Veterans Affairs (VA) prior to service discharge in order to document an injury that happened close to your end of active duty.
Timing is everything for VA claims. In theory, any veteran with a new injury may be able to walk into the VA and demand compensation even if it wasn't related to the military. To prove your case, you'll need to build a historical background of injury.
Medical professionals can help you get a rough time frame of when the injury could have happened. If you allowed years to go by before gathering evidence this may be more difficult, but as long as your claim was filed as soon as possible, you may have a chance.
Your military service record may contain clues as to your service and how the injuries could have been sustained. Any rewards, information about enemy contact or reports about incidents that could have lead to injury can draw a compelling picture for your claim.
Contact a personal injury lawyer to find as many clues that may push your VA compensation claim closer to success. Talk to experts like Dunnigan & Messier P.C. for more information.Share