Posted on Nov 6, 2024
What is the reasoning behind a veteran who was honorable discharged for a medical reason to be denied VA disability?
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I was injured on active duty and discharged for this reason but have been fighting for years to get disability benefits.
Disability
Benefits
Veteran Benefits Advisor
Military Benefit Association
Posted 2 mo ago
Responses: 5
What type of discharge did you get and when were you separated (your profile doesn't show it).
The reason for the ask is the regulations about administrative discharges for medical reasons have changed over the years as well as the "disability evaluation and separation" route.
For example, if you were separated through a Medical Evaluation Board after 2009, then the Integrated Disability Evaluation System (IDES) would have been in effect and a joint DoD/VA disability rating would have been assigned (even if medically separated for a disability rated at less than 30%).
Was the injury related to a preexisting medical condition, as part of something that was considered to be "non-Line of Duty"? Both of those situations would impact on your having a determination of "service-connected".
Basically, there are many reasons why the VA would deny a service-connection to a disability from your active duty time, but you would have to provide much more information (DM me if you don't want to share publicly).
The reason for the ask is the regulations about administrative discharges for medical reasons have changed over the years as well as the "disability evaluation and separation" route.
For example, if you were separated through a Medical Evaluation Board after 2009, then the Integrated Disability Evaluation System (IDES) would have been in effect and a joint DoD/VA disability rating would have been assigned (even if medically separated for a disability rated at less than 30%).
Was the injury related to a preexisting medical condition, as part of something that was considered to be "non-Line of Duty"? Both of those situations would impact on your having a determination of "service-connected".
Basically, there are many reasons why the VA would deny a service-connection to a disability from your active duty time, but you would have to provide much more information (DM me if you don't want to share publicly).
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COL Randall C.
PFC Nichola Perez, looking back to the Marine Corps separation and retirement manual that was in effect at the time you separated (1996), the only medical issues that would be directed to an administrative discharge instead of going to the Physical Evaluation Board (PEB) are those that would interfere with your duties, but aren't considered as a physical disability by medical officer (e.g., the difference between being medically separated and discharged for a non-physical medical reason).
Why many of the items have changed over the past ~30 years, a chronic physical injury (injury to right knee from a utility run accident) has always been something that would require a PEB referral if it interfered with your duties.
So, I can only assume that the issue you are running into could be one (or both) of the following:
A) Proving that the knee injury is a chronic issue or that the condition is limiting in some manner
B) Proving a nexus to your military service
If you haven't already, I suggest you contact your state's Department of Veterans Affairs* (it's called by different names in each state) or a VSO representative from an accredited organization* (such as DAV, VFW, etc.). Representatives from either of those choices will be able to go though your claim and the evidence you submitted and give you more defined advice on why you are getting denied by the VA.
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* https://www.marines.mil/Portals/1/Publications/MARINE%20CORPS%20MANUAL%20W%20CH%201-3.pdf
* VA page with link to your state’s Departments of Veterans Affairs Office – https://department.va.gov/about/state-departments-of-veterans-affairs-office-locations/
* VA page – Get help from an accredited representative or VSO – https://www.va.gov/get-help-from-accredited-representative/
Why many of the items have changed over the past ~30 years, a chronic physical injury (injury to right knee from a utility run accident) has always been something that would require a PEB referral if it interfered with your duties.
So, I can only assume that the issue you are running into could be one (or both) of the following:
A) Proving that the knee injury is a chronic issue or that the condition is limiting in some manner
B) Proving a nexus to your military service
If you haven't already, I suggest you contact your state's Department of Veterans Affairs* (it's called by different names in each state) or a VSO representative from an accredited organization* (such as DAV, VFW, etc.). Representatives from either of those choices will be able to go though your claim and the evidence you submitted and give you more defined advice on why you are getting denied by the VA.
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* https://www.marines.mil/Portals/1/Publications/MARINE%20CORPS%20MANUAL%20W%20CH%201-3.pdf
* VA page with link to your state’s Departments of Veterans Affairs Office – https://department.va.gov/about/state-departments-of-veterans-affairs-office-locations/
* VA page – Get help from an accredited representative or VSO – https://www.va.gov/get-help-from-accredited-representative/
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How were to discharged? Med Board? If you have your medical records what is the basis of their denial?
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PFC Nichola Perez
I was given the option to stay in and have surgery, but they said the surgery probably would not help so I opted to get the discharge. All my medical records show the injury so not sure what the issue is
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SSgt Christophe Murphy
PFC Nichola Perez - I would recommended getting a VSO or advocate to assist with resubmitting the claim. There has to be a gap somewhere in there causing the issue.
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Sgt Neil Foster
SSgt Murphy hit the nail on the head... Contact a Veteran Service Officer at your local VA facility, or Federal Building. The VSOs are basically paralegals who specialize in VA Disability law.. They are employed by the Service Organization that they represent, such as DAV, VFW, AMVETS, American Legion, PVA, etc and will advise you. They will have you sign a Power of Attorney if you want them to represent you, which is FREE.
There are service officers in individual chapters/posts of the organizations that I mentioned, BUT THEY ARE NOT THE SAME WAS THE VSOs in the Federal Building or VA facility. They are 'elected officers' chosen by members of their Chapter or Post. They may, OR MAY NOT be trained by the organization!
You can also go to your County Veteran Service Officers, who are similar to the Service Organizations, but are county employees.
DON'T DO IT ALONE UNLESS YOU THOROUGHLY UNDERSTAND THE PROCESS!
There are service officers in individual chapters/posts of the organizations that I mentioned, BUT THEY ARE NOT THE SAME WAS THE VSOs in the Federal Building or VA facility. They are 'elected officers' chosen by members of their Chapter or Post. They may, OR MAY NOT be trained by the organization!
You can also go to your County Veteran Service Officers, who are similar to the Service Organizations, but are county employees.
DON'T DO IT ALONE UNLESS YOU THOROUGHLY UNDERSTAND THE PROCESS!
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which disability benefit are you seeking compensation or coverage. coverage comes with it being verified as service connected but not all service-connected conditions rate compensation.
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