Posted on Dec 19, 2023
What documents do I need to file for US compensation and claim through the Veterans Affairs for a back surgery?
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Looking for advice was medically retired in May of 2020, did not submit all of my medical documentation to the VA so I am working on a compensation claim. I'm attempting to do this myself i've had two surgeries on my back, I have the line of duty of where I was injured at Fort Drum, I have been ongoing Pain management treatment for the last three years I'm currently at 90% are there any tips pointers or documents that anybody can foresee any needing ? Are there any other documents I may need ?
Veterans Affairs (VA)
Compensation
Disabled Veterans
Department of Veterans Affairs (VA)
Posted 12 mo ago
Responses: 6
First, regardless of the below questions, you shouldn't "do this yourself". Contact a VSO and have them assist you. There is no reason you should do a claim process by yourself.
The answer is both simple and complex at the same time. As with all VA C&P claims, you have to show three things in order to establish a service connection:
1) That you have a disability that you're claiming.
2) That some event or occurrence was the direct, proximate or contributing cause of the disability or caused an existing disability to become worse.
3) That the cause occured during your service in the military.
That's the first part. Once a service connection is established, then an evaluation is done about how disabling a disability is. For this the adjudicator looks at the evidence to determine the impact according to the rating schedule* - how much limitation do you have? how does the pain affect you? how often is the pain? are there physiological limitations? etc.
So, what documents do you need? The easy answer is "anything that will show limitations, personal impact, etc". While normally these are medical files, the range of what could be used is actually pretty broad* - as long as it is relevant, credible, and either supports or refutes something, it is generally considered.
A few questions:
● Are your medical files from outside of the military's medical system?
● Was your back evaluated as part of the IDES process when you were medically retired?
Is there some reason the VA wouldn't have had access to them if they were from the military side? The VA will normally have full access to all of your medical files from the military unless there is some reason they wouldn't (e.g., you have the original records from before they were digital).
If your back was part of the evaluation when you were being boarded and the VA considered everything you have as part of the C&P evaluation and denied a service connection, then you'll be filing a Supplemental Claim (you're outside the appeal window). If it was given a rating but has gotten worse (or you don't feel it was rated correctly), then you'll be filing an Increased Claim.
In either case, a VSO can help you with the right paperwork and getting the evidence together.
---------------------------------------------
* VA Schedule for Rating Disabilities - https://www.ecfr.gov/current/title-38/chapter-I/part-4
* VA Guidelines for reviewing and weighing evidence - https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/ [login to see] 01018/content/ [login to see] 14383/M21-1-Part-V-Subpart-ii-Chapter-1-Section-A-Principles-of-Reviewing-and-Weighing-Evidence
The answer is both simple and complex at the same time. As with all VA C&P claims, you have to show three things in order to establish a service connection:
1) That you have a disability that you're claiming.
2) That some event or occurrence was the direct, proximate or contributing cause of the disability or caused an existing disability to become worse.
3) That the cause occured during your service in the military.
That's the first part. Once a service connection is established, then an evaluation is done about how disabling a disability is. For this the adjudicator looks at the evidence to determine the impact according to the rating schedule* - how much limitation do you have? how does the pain affect you? how often is the pain? are there physiological limitations? etc.
So, what documents do you need? The easy answer is "anything that will show limitations, personal impact, etc". While normally these are medical files, the range of what could be used is actually pretty broad* - as long as it is relevant, credible, and either supports or refutes something, it is generally considered.
A few questions:
● Are your medical files from outside of the military's medical system?
● Was your back evaluated as part of the IDES process when you were medically retired?
Is there some reason the VA wouldn't have had access to them if they were from the military side? The VA will normally have full access to all of your medical files from the military unless there is some reason they wouldn't (e.g., you have the original records from before they were digital).
If your back was part of the evaluation when you were being boarded and the VA considered everything you have as part of the C&P evaluation and denied a service connection, then you'll be filing a Supplemental Claim (you're outside the appeal window). If it was given a rating but has gotten worse (or you don't feel it was rated correctly), then you'll be filing an Increased Claim.
In either case, a VSO can help you with the right paperwork and getting the evidence together.
---------------------------------------------
* VA Schedule for Rating Disabilities - https://www.ecfr.gov/current/title-38/chapter-I/part-4
* VA Guidelines for reviewing and weighing evidence - https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/ [login to see] 01018/content/ [login to see] 14383/M21-1-Part-V-Subpart-ii-Chapter-1-Section-A-Principles-of-Reviewing-and-Weighing-Evidence
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SSG Roger Ayscue
Our county employs a staff of Veteran Service Officers. The VSO in my home county took both my case and my wife's case in hand, did her best to help us and got results that have been truly, truly life changing for my family.
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