Veterans can pursue VA disability benefits for various service-connected medical conditions. However, veterans may wonder whether some medical conditions or personal circumstances can make it difficult or impossible to prove their eligibility for benefits. Are there some VA benefits claims that a veteran cannot prove?
How You Prove a VA Disability Claim
A veteran may qualify for VA disability benefits when they have a service-connected medical condition. Veterans must present evidence to prove the existence of their condition and a service connection. Such evidence may include:
- Medical records and treating provider notes
- Nexus opinions from medical experts
- Service records
- Lay statements and buddy letters from fellow servicemembers, family members, friends, or co-workers
The VA generally applies an “at least as likely as not” standard of proof to disability claims, requiring a veteran to prove that it is more likely than not they have a medical condition and that their military service caused or aggravated that condition.
Why VA Claims Become Difficult to Prove
Various circumstances can make it exceedingly difficult for a veteran to prove either that they have a medical condition or that their military service caused their condition. Situations that can make a VA disability claim challenging or seemingly impossible to prove include:
- Missing or destroyed records: Fires or technology issues may lead to the destruction or displacement of medical or service records that a veteran needs to prove their VA disability claim.
- Classified records: A veteran whose medical condition occurred due to in-service events that remain classified may find themselves unable to obtain the evidence necessary to prove a service connection.
- Lack of documentation of an in-service event or injury: A veteran may have a harder time with a VA disability claim if they failed to report an injury or exposure to a hazardous substance that occurred during their military service, since that means the DoD and VA will have no record of the service connection.
- Conditions lacking a formal diagnosis: Some conditions can cause symptoms but leave doctors unable to identify the condition or disease causing the symptoms definitively. Some doctors may classify such generalized symptoms as chronic fatigue syndrome or fibromyalgia, which have disputed recognition in the medical community or unclear diagnostic criteria.
- Presumptive conditions that do not meet service requirements: A veteran may have a condition on the list of “presumptive conditions” but may not have qualifying military service to utilize the presumption of a service connection (i.e., having a respiratory condition without having served overseas during the Global War on Terror).
How Veterans Can Strengthen a Seemingly “Unprovable” Claim
When a veteran has a seemingly “unprovable” disability claim, they can strengthen their case and improve their chances of getting approved for disability benefits by following best practices such as:
- Seeking alternative evidence, such as buddy statements from fellow service members to replace missing or unavailable service records or civilian medical records for treatment sought immediately after discharge
- Obtaining independent medical opinions from experts familiar with VA standards to secure nexus letters linking the veteran’s condition to their service
- Providing detailed accounts of symptoms and limitations using real-life examples to illustrate the effects of a condition on the veteran’s life
- Leveraging presumptive service connections when possible, including presenting evidence of exposure to presumptive hazards like radioactive materials, Agent Orange, or burn pits
Contact a VA Disability Lawyer Today
A lack of military records or a hard-to-diagnose condition can make it challenging to prove your right to VA disability benefits. Contact Veterans Law Attorneys today for a free, no-obligation consultation with a VA disability lawyer to discuss how you can strengthen a complex disability claim to give yourself the best chance of success during the application process.
