Securing Service-Connected Compensation for Military Service Injuries
June 06, 2022
The Department of Veterans Affairs (VA) offers monthly tax-free payments to Veterans who suffered injuries or illnesses while serving in the military or in cases where military service worsened a condition. At first glance, the law seems straightforward; however, the law is full of exceptions and complex nuances that present challenges to those who served in the military. Although the law allows veterans to proceed through the claims process independently or with a non-attorney representative, those who obtain a Michigan veteran’s attorney tend to achieve more favorable outcomes.
The first hurdle many service members must overcome is establishing that their discharge allows them to qualify for benefits. Generally, anyone with a less-than-honorable or “bad paper” discharge will not be eligible for benefits. However, a skilled attorney can assist service members in gathering evidence and presenting a compelling case to overcome this bar to benefits.
In addition to establishing liability, there are three primary elements to every service-connected compensation claim:
- Evidence of an in-service injury or illness;
- The medical evidence of a current medical condition; and
- Medical evidence linking the current medical condition with the in-service injury.
In the best-case scenario, evidence of an in-service injury or illness will be in the servicemember’s Service Medical Records (SMR) or their Military Personnel Records (MPR). However, claimants cannot rely on the VA to obtain records on their behalf despite claims to the contrary. Instead, an attorney can assist in obtaining these records and others that may satisfy this element.
Next, a qualifying medical professional must indicate that the veteran has a current disability. The medical records must indicate the disability level per the VA’s Schedule and Rate Table. The VA may schedule a veteran for a free medical exam to evaluate the elements of a claim; however, they will only do so once the veteran or their lawyer provides credible supporting evidence of a stressor.
Finally, the veteran should provide a medical opinion establishing a link between the current conditions and the servicemember’s military service to meet the final element. This step poses significant challenges to veterans as medical providers may be challenging to reach or reluctant to provide written statements. An attorney can gather the relevant service records for the treatment provider to assist them in their report. These cases are exceedingly challenging, especially for individuals experiencing the physical and psychological wounds of the service. An attorney is a critical asset in these cases.
Michigan Veterans Benefits Attorney
Servicemembers who have suffered injuries or illnesses during their military service or due to their service should contact Legal Help for Veterans, PLLC. The military benefit attorneys at our office have extensive experience successfully resolving complex cases on behalf of veterans. In addition to service-connection claims, our attorneys represent Michigan veterans for injuries such as PTSD, TBI, orthopedic disabilities, hearing loss and tinnitus, military sexual trauma, and other similar matters. We have recovered significant amounts of backpay, ongoing compensation, and other benefits on behalf of our clients. Contact our office at 1-800-693-4800 to schedule a free initial consultation with an attorney on our team.