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Administrative law; Veteran’s Affairs; VA; veterans; disability compensation benefits; service-connection; medical records; medical evidence; medical records; disability benefits; presumption; rebuttal; military service; claim; credibility; competency; consistency
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Interminable Parade Rest: The Impossibility Of Establishing Service Connection In Veterans Disability Compensation Claims When Records Are Lost Or Destroyed, Jessica Lynn Wherry
Interminable Parade Rest: The Impossibility Of Establishing Service Connection In Veterans Disability Compensation Claims When Records Are Lost Or Destroyed, Jessica Lynn Wherry
Brooklyn Law Review
By statute, veterans are eligible for disability compensation benefits for illness or injury connected to the veteran’s service in the armed forces. The process of seeking benefits is intended to be non-adversarial and requires VA to assist veterans in developing their claims. Unfortunately, VA’s nagging problems including poor management and a lack of accountability produce well-documented and devastatingly negative effects on veterans. These effects are not limited to veterans receiving disability benefits but extends to veterans who never make it past the claim stage because their claims are denied. Typically, service medical records are used to establish service-connection. When those …