Posted on Jul 18, 2024
If you had an injury while serving but didn't disclose it (undocumented), how hard is it to get a rating?
16.3K
17
14
4
4
0
I'm denied and have to appeal.
Posted in these groups: 
Disability
Disability
Posted 3 mo ago
Responses: 5
In order to be eligible to file for VA disability compensation, all three of these must be true:
● You served on active duty, active duty for training, or inactive duty training;
● You have a current illness or injury; and
● You can show a direct or proximate cause between the illness/injury and an event that happened during the military duty.
The first item is usually the easiest to prove followed by the second one.
Proving the third item is usually the challenge. If you didn't disclose the injury and have it treated while in the military, then obviously it will be harder. How hard depends on what you're trying to prove and how much evidence you have of the incident that caused the injury.
If you cannot produce service medical records for an incident to prove a service connection, or the records are insufficient to prove the connection, the VA will evaluate lay evidence (eyewitness reports, non-medical records, etc.) to see if it provides sufficiency of a service connection. Read through the reference below* as it will show the guidelines how a service connection is evaluated.
As to your current claim being denied. Yes, you'll have to either file an appeal (if you have nothing to add) or submit a supplemental claim* (if you have new evidence to be considered). If you don't, the impact will be that the effective date of the claim will not be maintained (if you resubmit the claim then the effective date will reset to the new one).
Are you working with a Veteran Service Organization such as the DAV, VFW, American Legion, etc? If not, then the first thing you should do is connect with one* and have them review your packet and give you advice and/or help with your appeal or supplemental claim.
----------------------------
* Determining Service Connection - * https://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part4/subptii/ch02/M21-1IV_ii_2_SecB.docx
* Supplemental claim - https://www.va.gov/decision-reviews/supplemental-claim/
* VA page – Get help from an accredited representative or VSO – https://www.va.gov/get-help-from-accredited-representative/
● You served on active duty, active duty for training, or inactive duty training;
● You have a current illness or injury; and
● You can show a direct or proximate cause between the illness/injury and an event that happened during the military duty.
The first item is usually the easiest to prove followed by the second one.
Proving the third item is usually the challenge. If you didn't disclose the injury and have it treated while in the military, then obviously it will be harder. How hard depends on what you're trying to prove and how much evidence you have of the incident that caused the injury.
If you cannot produce service medical records for an incident to prove a service connection, or the records are insufficient to prove the connection, the VA will evaluate lay evidence (eyewitness reports, non-medical records, etc.) to see if it provides sufficiency of a service connection. Read through the reference below* as it will show the guidelines how a service connection is evaluated.
As to your current claim being denied. Yes, you'll have to either file an appeal (if you have nothing to add) or submit a supplemental claim* (if you have new evidence to be considered). If you don't, the impact will be that the effective date of the claim will not be maintained (if you resubmit the claim then the effective date will reset to the new one).
Are you working with a Veteran Service Organization such as the DAV, VFW, American Legion, etc? If not, then the first thing you should do is connect with one* and have them review your packet and give you advice and/or help with your appeal or supplemental claim.
----------------------------
* Determining Service Connection - * https://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part4/subptii/ch02/M21-1IV_ii_2_SecB.docx
* Supplemental claim - https://www.va.gov/decision-reviews/supplemental-claim/
* VA page – Get help from an accredited representative or VSO – https://www.va.gov/get-help-from-accredited-representative/
(7)
(0)
SGM Mikel Dawson
As the Col. said above, you have a tough row to hoe. If possible, you need to find a witness- someone who was there, who knew of this. Get a sworn, written statement to this fact then send with your appeal. Getting with a VSO and hearing their advice will help.
(2)
(0)
0
0
0
i recently was honorably discharged from the Navy since i was hit with "Rhabdomyolysis". I don't know if I can get anything from this if i bring this matter to the civil court? If there is, I would like to know what I need to do. Thank you
(0)
(0)
Cristina Johnson
The VA typically assigns a disability rating of 20% for rhabdomyolysis, primarily due to muscular weakness. However, it's important to note that this rating can be compounded by other disabilities.
For instance, if you are diagnosed with rhabdomyolysis and also have kidney issues, the VA will evaluate your disability differently. Some examples of kidney problems include abnormal renal function tests, renal impairment, and a diastolic blood pressure exceeding 120, among others.
If you have been diagnosed with these conditions, it's crucial to gather all relevant documents to substantiate that your disability is service-related. Once you have the necessary documentation, you should initiate a VA claim to begin the process of receiving the benefits you are entitled to.
For instance, if you are diagnosed with rhabdomyolysis and also have kidney issues, the VA will evaluate your disability differently. Some examples of kidney problems include abnormal renal function tests, renal impairment, and a diastolic blood pressure exceeding 120, among others.
If you have been diagnosed with these conditions, it's crucial to gather all relevant documents to substantiate that your disability is service-related. Once you have the necessary documentation, you should initiate a VA claim to begin the process of receiving the benefits you are entitled to.
(0)
(0)
0
0
0
Did you talk to anyone else about it? Did your buddies in the barracks see? Cover for you at some point when you were in pain and had to take a few minutes away from working? It was there a downturn in your reviews because you were not performing well due to difficulty from the injury?
Documentation of things like that, in the form of buddy letters, and information from your OMPF is your best bet. If there was anyone who you talked to about it even though you didn't go to medical, a buddy letter from that person is considered evidence by the VA. Someone who knew you right after you got out and I spoke about it would also be a decent buddy letter, although not as good as someone who was aware of the injury while in service. Both would be preferable, because it will show a continuing difficulty with the injury after getting out. You will then need to show continuing documentation of the injury causing you difficulty from the time that you got out until now. That may be more buddy letters, old journal entries, documentation of physical therapy or doctor visits, etc. It is harder without service treatment records, but it is absolutely possible.
Documentation of things like that, in the form of buddy letters, and information from your OMPF is your best bet. If there was anyone who you talked to about it even though you didn't go to medical, a buddy letter from that person is considered evidence by the VA. Someone who knew you right after you got out and I spoke about it would also be a decent buddy letter, although not as good as someone who was aware of the injury while in service. Both would be preferable, because it will show a continuing difficulty with the injury after getting out. You will then need to show continuing documentation of the injury causing you difficulty from the time that you got out until now. That may be more buddy letters, old journal entries, documentation of physical therapy or doctor visits, etc. It is harder without service treatment records, but it is absolutely possible.
(0)
(0)
Read This Next
Continue with Facebook 
Continue with Google