In order for a military veterans to receive service connected disability for an injury that occurred in military service, the veteran must proof three key elements: 1) An injury that occurred during military service; 2) A current injury that is similar to the injury that occurred in military service; and 3) The connection between the current injury and the previous military injury. This third element is known as the “Nexis” element and is generally the most difficult to prove, and is the number one reason that most veteran service connected disability claims are rejected by the Department of Veterans Affairs.
However, it is possible to skip this “Nexis” element for some type of injuries. Certain injuries are classified by the Department of Veterans Affairs as being “Presumptive Injuries.” In other words, if you are currently suffering from one of these presumptive injuries, then it is assumed that it is connected to your military service, and you do not need to proof an actual military injury or a connection to your current injury. Instead, you just need to proof that you currently have the disease or injury. The most common example of this is seen in Vietnam Veterans. The Department of Veterans Affairs keeps a list of all injuries that are presumed to be related to exposure to Agent Orange during the Vietnam War. Accordingly, if your injury is on this list, and you served in the Vietnam War, then generally speaking, you are eligible for military veterans service connected disability compensation.
To learn more about presumptive military service connected disability claims, or to discuss your military injury, contact our Veterans Rights Attorneys.