If you had an injury while serving but didn't disclose it (undocumented), how hard is it to get a rating?

2024-07-18T19:26:19-04:00

I'm denied and have to appeal.

Response by COL Randall C. made Jul 18 at 2024 8:22 PM

2024-07-18T20:22:10-04:00

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.
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* 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/

M21-1IV_ii_2_SecB.docx

Response by MSG Brad Sand made Jul 19 at 2024 10:53 AM

2024-07-19T10:53:16-04:00

Sir,

Everything, especially when we are speaking about the VA, is in the details. My first question is, why wasn't it disclosed? Without documentation, you are going to have a very difficult time showing that the injury or illness was duty related.

Response by SGT Lorenzo Nieto made Jul 24 at 2024 11:21 AM

2024-07-24T11:21:38-04:00

Good luck with that

Response by AN Noel Lemen made Jul 31 at 2024 7:38 PM

2024-07-31T19:38:39-04:00

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.

Response by SR Hector Chavez made Jul 31 at 2024 10:45 PM

2024-07-31T22:45:14-04:00

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