To be able to qualify for disability benefits through the Department of Veterans Affairs (also known as the VA), you need to demonstrate you have a disability that is “service-related.” This means that being able to prove how you got your disability is essential for deciding what benefits you are entitled to. But how do you know if your disability is considered service-related, under the guidelines established by the VA?
What is a Disability?
In legal terms, a disability refers to any medical or psychological condition that substantially impairs your ability to work or perform daily tasks. In other words, it is some kind of mental or physical problem that prevents you from holding down a job, or which prevents you from performing chores like cooking, cleaning, and so on. This can include physical injuries like paralysis or hearing loss, as well as psychological problems like depression or PTSD.
When is a Disability Considered Service-Related?
In the context of VA disability benefits, you are considered to have a “service-related” disability if it was either caused or worsened by your military service. This means you must have acquired your medical issues as a result of your time in the military, or if you already had those issues, they must have demonstrably worsened after your service. You must be able to prove that your medical or psychological issues are a result of your service, and not some other external factor.
How Do You Prove Your Disability is Service-Related?
Proving a disability is service-related can be more difficult than it sounds, at least in some cases. If you suffered a clear and obvious injury during your military service, you may be able to prove it relatively easily, but in many cases a disability does not manifest until long after you have left the military. In those cases, having clear medical records showing the progression of your condition can be essential for proving the nature of your disability.
What Should You Do?
If you are looking to apply for disability benefits through the VA, you should speak to a lawyer with experience handling disability applications. They can not only help you fill out your application, they can argue on your behalf with the VA to give you the best chance possible of success. The sooner you call, the sooner they can get to work for you.
The attorneys of Sullivan & Kehoe place a special focus on assisting disabled veterans. Our veterans’ disability lawyers are still available for remote consultation on your legal issues. Call our office at (800) 395-7830 to schedule a consultation in our New York City, Garden City, Kings Park, Riverhead, or White Plains office, or visit our contact page.
