Do You Have a Disability?

It seems obvious that a veteran must have a disability before proceeding with a VA disability claim. However, this situation arises many times and here is the most common context in which we see this issue. A veteran who was hurt in service now has back pain. The veteran has been going for treatment for back pain for years. Most often, however, the veteran just “toughs” it out and takes Advil to relieve the pain. While there are records, the records are inconsistent in terms of ongoing treatment. Then the veteran applies for disability through VA and is denied. The denial states that the veteran doesn’t have a disability. How can this be? The veteran sure feels the pain of a disability. The answer lies in the details of the medical evidence. Back pain is not a disability. Back pain is a symptom of something else. This requires a medical diagnosis of a condition. Often back pain can be the result of sciatica, or degenerative disc disease or lumbar strain or some other ailment. If a veteran is able to get a confirmed diagnosed condition that is the “cause” of the back pain, then the veteran has overcome that initial hurdle of having a disability. This analysis is true for all sorts of conditions. If you need help assessing whether you have a disability that can be the crux of a VA disability claim, then contact our VA disability experts at Vet Defender. Schedule an Appointment