Federal Court Ruling Extends Disability Benefits to Injured Veterans

June 8th, 2018 Veterans Benefits

According to a recent ruling by the U.S. Court of Appeals for the Federal Circuit, veterans previously denied disability for pain related to their service may now qualify for assistance. The decision overturns an earlier precedent that states veterans must clearly connect their pain to a medical diagnosis to receive disability. This precedent has been used to deny over 11,000 Veterans Administration (VA) disability claims. The full article is available here.

The challenge—brought by a veterans-affairs group—involved a Gulf War veteran who injured her knees while in service. While military doctors noted this, they didn’t give a specific diagnosis. When she later applied for disability benefits, her claim was denied per a 1999 decision that “pain alone is not a disability for the purpose of VA disability compensation.” While the new ruling overrides that precedent, veterans must still show a clear connection between their pain and their service.

Advocates call the ruling critical for veterans that are unable to work due to service-related injuries—and suggest veterans who have previously been rejected for disability benefits consider reapplying to see if they now qualify.

We Can Help

If you are disabled and unable to work, call Disability Attorneys of Michigan for a free confidential consultation.

Disability Attorneys of Michigan works hard every day helping the disabled of Michigan seek the disability benefits they need. If you are unable to work due to a physical, mental or cognitive impairment call Disability Attorneys of Michigan now for a free consultation at 800-949- 2900.

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