Posted on: 18 May 2016
It can be hard to find the right set of answers for a Veterans Affairs (VA) disability claim. Proving a legitimate disability may seems straightforward--especially for the person suffering--but sometimes the evidence isn't good enough. If you didn't report the problem while in the military, you may face challenges while proving that the injury actually happened in the military. Problems such as pain and mental/behavioral issues can exist without proven, physical evidence, but a few of the following situations can help you understand what the VA is looking for in a strong, actionable disability claim.
Late Reporting And Weak Evidence Problems
The culture of the military promotes being strong and resilient, which can often be perceived the wrong way. It's not uncommon for a veteran to hold back a visit to medical or downplay the seriousness of an issue simply because they need to get back to another day in their years of commitment.
In some cases, injuries can heal to the point of hiding the evidence you need from many medical technian. X-rays and photographic evidence could have been useful to prove the severity of your problem when it happened, but if you wait until becoming a civilian to question disability issues, a lot of the evidence may be weakened or completely lost.
A medical professional may be able to see a problem and observe that you're responding to pain, but the VA needs to protect its veterans against fraudulent claims. This means that any grimaces, wincing or general statements of pain can't be taken at face value without a medically-proven set of evidence in most cases.
How Can Legal Professionals Help?
If you didn't report your problem as soon as possible, or if your report only has cursory information that isn't enough for the VA, you'll need to get outside help and advice from examining successful disability claims. A lawyer like James Lee Katz can help by examining successful claims, taking your statement of how the incident happened and reviewing any evidence on hand. From there, medical professionals can be consulted to craft better claim evidence.
When filing your first claim, the VA often performs a cursory Compensation and Pension (C&P) exam. These exams can include audiology lab tests, blood tests and CT (Computer Tomography) scans, but there might not be a detailed follow-up because of long wait times and lack of staffing throughout the VA system.
A civilian-sector medical professional with an open schedule may have more time to dig deep into your specific condition and the faint, fleeting, even theoretical forms of evidence that could work in your favor. Psychological issues need the appropriate professionals, but the same outside evidence can be used to make a stronger claim. Contact a personal injury lawyer to discuss your claim and to find more details for your situation.Share