The Veterans Affairs claim system can be difficult to work through with so many different requirements for injuries and conditions. Although all military risks should be treated equally, some conditions that aren't overtly damaging may not be believable unless you've had the foresight and luck to complain about the issue while in the military. If you feel that the VA isn't taking your complaint seriously because of the nature of your condition, take the time to understand similar situations and ways to boost your claim's potency.
Pop Culture And The Combat Comparison Problem
Military service in any form should be considered honorable by patriotic citizens, but there can be some perceived bias. There are times when combat experience is expected, or there is an expectation that you've seen some dangerous events during your military time.
These expectations can sneak into the claims system in unexpected ways. With long wait times plaguing VA clinics, hospitals and other facilities have led to some issues being attended to with more urgency than others. To the VA's credit, conditions such as PTSD have been taken more seriously in past years, but the same problem can be found in other situations.
Some career paths can lead to injury in unexpected but significant ways. For example, communications specialists may work in equipment rooms with lots of high-pitched alarms that lead to piercing ear pain and long-term damage. Unfortunately, such dangers are not as documented (or celebrated) as combat injuries.
Consider hearing loss as an injury claim. Servicemembers who deal with artillery have always dealt with this type of injury as a major threat. The percussion from mortar firing, being the target of mortar fire or the explosions associated with Improvised Explosive Devices (IED) are significant issues that have become an epidemic in modern conflicts, but these issues can sometimes dwarf the problems of technicians.
Enhancing Facts And Arguments With Legal Assistance
The issue is difficult to prove and may be subject to opinion, but just as PTSD victims suffered from problems with being taken seriously, technicians with less combat experience (or injuries not related to combat) may see lukewarm reactions from their medical examiners. If you think that you're not being taken seriously by the claim system, it's time to complain and seek assistance.
A personal injury lawyer can examine your claim and any responses from the VA. Whether you're dealing with a denial that questions the cause of your injury or a medical staff that doesn't seem to care, a lawyer may be just the right amount of attention to push your claim or appeal to the forefront.
One technique would be to point to the severity of your medical examination and the cause of your injury. If you don't have detailed medical proof of your issue from the military, the VA may suspect that your problem happened after military service. The VA only provides monetary compensation for injuries and conditions related to military service, but many veterans may try to file later injuries within their VA claim.
The situation becomes more complicated if you didn't notice the issue until after leaving the military. Many conditions may have delayed reactions or may build up in severity over time, which can explain why you didn't complain earlier.
Get in contact with a personal injury lawyer to discuss your rights in the situation and to build new medical evidence to support your appeal.
A professional like Steven A. Crifase Ltd can give you more information.
Share1 September 2015
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