By Attorney Raven Beach
Danny joined the Army in 2005. While training at Fort Bening in Georgia, he twisted his right ankle when he tripped over a piece of machinery. He was treated for the injury, and it is thoroughly documented in his service medical records. In 2020, Danny separated from service and has had right ankle problems since. Does Danny’s right ankle injury qualify for service-connected disability compensation? ABSOLUTELY!
To be entitled to service-connected compensation, a veteran must prove three elements: show current disability, proof of in-service incident, and prove the two are connected.
In this scenario, Danny has continued to have right ankle pain for years. VA prefers proof of a current medical diagnosis by a competent medical professional. This proof is not limited to VA medical opinions. Non-VA doctors may render opinions which are equally admissible. Keep in mind that credibility is significant, and the VA will consider factors such as the physician’s medical qualifications and an explanation of the physician’s diagnosis.
Next, the veteran must demonstrate that there was an in-service incident. Danny meets the second element since an incident on active duty caused the condition. Note that incidents do NOT need to be related to military activity if they occurred while the veteran was on active duty. This evidence is usually found in service treatment records, the veteran’s official military personnel file, or by competent lay evidence such as sworn veteran statements or “buddy statements.”
Finally, Danny can demonstrate a nexus. In other words, he can show that there is a link between his current ankle problem and the in-service incident. This usually requires a positive “linkage opinion” from a competent medical professional who has reviewed the veteran’s military and civilian records.
Remember, as a veteran, you play a crucial role in this process. If you believe you meet these standards, you are encouraged to apply or appeal a decision that you disagree with. You are not alone in this. There are resources and support available to guide you through the process. Your application is a step towards getting service connection compensation.
You’ve served and protected. We salute you!
CONTACT INFO.
Raven Perry-Beach, Esq.
107 Jefferson St.
Suite 14
Huntsville, AL 35801
(256) 799-0292
* Licensed in Alabama, Tennessee, Massachusetts, and DC
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