How Can I Prove That My Disability is Service-Related?


Herren Law is a team of Houston veteran’s disability attorneys focusing on helping veterans fill out and apply for their benefits claim. When our clients apply for benefits or a disability claim, however, one of the most important aspects is proving that the injury or disability is related to the client’s active service.

For legal help proving that your injury was related to your military service, contact Herren Law today. Our Houston-based veteran’s benefits attorneys ensure a full-service legal representation as well as one-on-one communication. We’ll work every angle and always put your interests first. Call today!

Presumed Service Connected Conditions

For veteran’s that have served for more than 90 days, there are certain conditions that, by law, are presumptively service connected. In other words, if you prove that you have a condition that’s presumed by the VA to be military connected, you only have to show that you have the condition (and don’t have to prove the service connection). For example, some presumed service connected conditions include:

  • ALS – Lou Gehrig’s Disease
  • Conditions related to agent orange exposure
  • Diseases resulting from radiation exposure for veterans who served at certain locations
  • PTSD in certain circumstances

Additionally, it is important to note that POWs that were confined for more than 30 days may be eligible for a presumptive service connection.

Criteria for Proving a Direct Service Connection

A direct service connection occurs when an incident directly caused your injury or disability. Therefore, to prove a direct service connection, you would need to prove that the event occcurred, provide medical evidence of your injury or disability, and provide medical evidence that the incident caused the disability or injury. In other words, you’ll need to prove:

  • An incident
  • Your disability
  • And the connection between the incident and your injury

For example, a parachuter broke his/her back in a landing. A direct service connection would be the connection between his/her paralysis and the jump.

Secondary Service Connections

Secondary service connections include disabilities that were due to or the result of a service-connected disease or injury. In other words, veterans can claim a secondary service connection when a service-related disability or injury caused another injury or disability.

Aggravated Service Connections

In some cases, an individual had a pre-existing condition before entering the military. During his/her time in the military, however, he/she suffered an injury or experienced an incident that aggravated that pre-existing condition. For example, let’s say a service member had a skin condition before entering the military, but during his/her service, he/she confronted a chemical that made the condition worse than it ever would have been on its own.

Call Herren Law for Your Disability Benefits

Often, the VA is quite strict about requiring veterans to prove that their injuries or disability was caused during service. Even the slightest mishap or missing piece of evidence could cause the VA to deny to your claim. For legal help building your evidence and showing a connection between service and your injuries, make sure to call our VA benefits attorneys at Herren Law at (800) 529-7707. Free consultations are available.

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