Derek T. Smith: Veterans Benefits Lawyer

Service-Connected Disabilities

A guide to winning VA benefits for service-connected disabilities. 


SERVICE-CONNECTED DISABILITIES


 

Generally, obtaining disability benefits requires:

  1. a current disability meeting the VA's rating criteria;

  2. evidence establishing that it is at least as likely as not that the disability occurred or was aggravated during military service;

  3. a link, referred to as a "nexus," between the current disability and military service.

Proving the third element, that a disability is "service connected," is often the crux of a veteran's claim. 

Factors that  prevent a veteran from obtaining otherwise available benefits:

  1. a dishonorable discharge;

  2. causing the disability by willful misconduct or substance abuse. 

The VA often errs when it denies claims due to a lack of service connection. Sometimes this is because the VA does not adequately review a veteran's records or ignores favorable evidence. Other times, the VA misapplies statutory law handed down from Congress, ignores the proper interpretation of the law from binding court decisions, or even misapplies its own regulations.  

I can help.

A trained attorney is likely to catch these nuanced, claim-specific errors that may otherwise go unnoticed. If you think that the VA erred by either denying your claim or granting it at too low of a percentage, let's talk. Call, e-mail, or click the link below.