There are potentially three determinations that the VA will make in deciding a veteran’s claim for disability compensation:
Assuming the claimant has established the status of a “veteran”, the three basic entitlement criteria are:
Veterans are entitled to compensation for disabilities incurred in or aggravated during active military, naval, or air service. This means incurred in or aggravated during the period starting on the date of entry into active service and ending on the date of discharge from active service.
A battlefield wound to the knee and a knee injured while sliding into second base during a baseball game played during active service may both eventually be determined service-connected conditions.
A veteran is a “person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable. The person’s discharge or release must have been “under conditions other than ‘dishonorable’”. Disabilities that result from a veteran’s willful misconduct are not compensable. Willful misconduct is defined in VA regulations as an act involving “conscious wrongdoing or known prohibited action”.
Let Richard Gabriel, an experienced Veterans Benefits lawyer, guide you through the process Call 877-361-0529 or contact Richard online to schedule an initial consultation today.