Article · Military and Veterans

Service Connection: How the VA Actually Decides a Disability Claim

38 U.S.C. § 1110

Type
Article
Jurisdiction
National
Date
2024-01-26
Topic
Military and Veterans

The VA disability system is unusual in American law: it is non-adversarial by statute, it must help the claimant build the case, and ties go to the veteran. This article explains what service connection actually requires, why the nexus opinion is the element that decides nearly every contested claim, and how the presumptions work for those who cannot prove causation directly. It covers ratings, effective dates, and the three appeal lanes that replaced the old system. It follows two fictional veterans through the same evidence with very different outcomes. The practical thesis is that most denied claims fail on a missing medical opinion or a missing effective-date argument, not on the merits of the disability.

Service Connection: How the VA Actually Decides a Disability Claim

Military and Veterans > Veterans Benefits | Published 26 January 2024 - Updated 2 January 2025 | UpLaw - uplaw.us

Three rules make this system unlike any other benefits system in American law: it is non-adversarial by design, the agency must help build the claimant's case, and when the evidence is in equipoise, the veteran wins. Understanding those three explains most of what follows.

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