I’m a veteran who had a bad fall during my final tour and hurt my knee. At the time, I didn’t report it, so it isn’t on my military record. The problem has gotten worse. I need to file a VA disability claim. Do I have any chance of being successful?

It’s possible that you will be able to receive a favorable decision from the Department of Veterans Affairs (VA) on a disability claim for your knee injury. Unfortunately, because the injury resulted from an unreported incident, it will be more difficult to obtain benefits.

You Will Need to Prove That You Have a Service-Connected Injury

Showing proof that the injury-causing event occurred during your service career will be as important to your claim as medical records thoroughly documenting the diagnosis and extent of the actual injury.

It can be difficult to establish a service-connected injury when the incident that caused your injury isn’t in your service record, but it is possible to do so. In order to prove this you can:

  • Reach out to other service people who were present at the time of your injury who can support your claim. Any statements you can gather from associates who witnessed the incident will benefit your claim.
  • Submit your medical records. You will, of course, need to do this anyway to prove that you were injured. However, your medical records may contain useful information about how or when you were hurt and that can help you establish that your knee injury is a service-connected injury.
  • Seek the advice of an experienced veterans’ disability attorney. An unreported incident resulting in a long-term injury or disability constitutes a special circumstance that will make the VA claims process infinitely more difficult to navigate. Knowledgeable legal guidance will not only help get your case on track, but will also significantly improve the likelihood of obtaining the best possible outcome.

To learn more about the services Morgan & Weisbrod provides Texas veterans, call our offices today. Our compassionate and dedicated team is here to help you get the veterans’ disability benefits you deserve.

Carl M. Weisbrod
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Managing Partner of Morgan & Weisbrod, Board Certified in Social Security Disability Law