https://veteranappeal.com (800) 861-7262 Law Offices of Peter S. Cameron, APC. Veteran Appeal
PTSD VA Disability Claims Requirements: Why You May Have Been Denied
In terms of VA disability claims, pretty much everyone gets denied, regardless of the merits of the claim. The Veterans Administration has a limited amount of money and a lot of disability claimants. So, to keep from going into the red, claims administrators often deny claims outright.
Alternatively, the VA may make an unacceptable low-ball offer. The VA approves the claim but offers so little money that the veteran must refuse the offer. In this way, the VA does not need to pay the claim, and as a bonus, it looks like the veteran abandoned the claim. Abandonment look much better in the press than denials.
But the VA is not the only participant in this process who has developed proven methods. A veterans disability attorney knows how the system works and how to make the system work for you.
In terms of Post Traumatic Stress Disorder disability claims, the same issues come up quite frequently. Most of these issues involve the three elements of a streamlined PTSD disability benefits claim.
The veteran must have a PTSD diagnosis in the file. The diagnosis must be more than conclusory. This requirements sinks many applications.
If a doctor says you have cancer, you probably don’t particularly care about how or why. You are only interested in the diagnosis. So, if the doctor offers explanations like test results or family history, these details may seem irrelevant.
But in VA disability PTSD cases, these details are highly relevant. The diagnosis itself is not enough. The veteran must also prove that the PTSD came from an event or a chain of events that occurred during military service. If these details are missing, or if they are sketchy, the VA will probably deny the claim, at least in part.
Most PTSD cases are combat-related, but there are a number of other PTSD causes as well, such as extreme financial stress or witnessing a violent act. These two experiences are commonplace in veterans who have served overseas.
Financial stress is a fact of life in most families, including most military families. Sometimes, the stress is so great that it causes PTSD, Furthermore, many people witness terrorist and other attacks during their off hours. If witnessing something like this caused PTSD, the application may be denied.
Additionally, no one is sure whether a one-time event, or a cumulative effect of small events causes PTSD, The VA may be looking for one cause, and the diagnosis may rely on a different one. Many people do not have attorneys at the VA phase, and even if an attorney is in the picture, they may not be able to do much in terms of introducing additional evidence or making arguments.
“”There is a presumed connection between combat-related PTSD and military service.
Some facts can overcome this presumption, including conduct-related service interruptions.””
Assume Vince is in the brig when a group of militants attacks the airbase where he is stationed. Even if Vince’s imprisonment was a mistake that was soon cleared up, if the attack gave him PTSD, he may be ineligible for benefits.
Connect with Experienced Attorneys
Most PTSD benefits applications get denied, and the denial usually pertains to the elements of the claim. Do not abandon your claim on impulse. For a free consultation with an experienced veteran’s appeals attorney, contact the Law Offices of Peter S. Cameron, APC. at 800-861-7262. We are here to successfully represent veterans nationwide.
US COURT OF APPEALS FOR VETERANS CLAIMS
SPECIAL MONTHLY COMPENSATION
TOTAL DISABILITY INDIVIDUAL UNEMPLOYABILITY
DISABILITIES DUE TO AGENT ORANGE EXPOSURE
DEPENDENCY INDEMNITY COMPENSATION
POST TRAUMATIC STRESS DISORDER (PTSD)
More on PTSD….
PTSD Claim Denied https://www.veteranappeal.com/PTSD-Claims-Denied
PTSD and Individual Unemployability Denial https://www.veteranappeal.com/PTSD-IU
Smoking and PTSD https://www.veteranappeal.com/PTSD-Smoking
Symptoms of PTSD https://veteranappeal.com/PTSDsymptoms
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