Not every disability claim submitted to Veterans Affairs (VA) is a sure-fire victory. Many disabilities involving chronic pain or mobility issues may have no physical indicators--especially in the case of chronic pain, which still isn't well understood--which makes it difficult to grant an approval. Simply put, with no hard evidence to put on paper, your word, facial expressions and even events leading up to the pain may not be enough. Thankfully, there is an approach towards disability claim success in the area of presumptive claims, which can help Canadian veterans as much as it helps United States(US) veterans. Take a look at a few traits of the presumptive system and consider using it for your own claim.

What Is A Presumptive Claim?

There are certain conditions that are reported or expected from specific events. The Vietnam War, for example, has gone down in history not only because of its violence, but because of Agent Orange exposure. The legal battles behind Agent Orange involved some denials from government agencies and manufacturers alike, but ultimately resulted in a more streamlined claim process through the presumptive system.

For Agent Orange exposure victims, two major forms of proof that may not have stood up in court were their current conditions and their proximity to Agent Orange manufacturing, storage and application. Certain forms of leukemia could have been dismissed as caused by many other events in human life and genetics, but the presumptive system can be used to show that a veteran was involved in a very likely scenario that the US VA is responsible for.

America's example can be applied to many different situations in other countries. The Gulf War and the later Operation Iraqi Freedom/Enduring Freedom (OIF/OEF) serves as a template for many complications caused by military service in the Middle East. There are many unexplained, chronic symptoms that are still being explored.

Getting Legal Help To Draw Similarities

Although this chart from the US VA is specific to American veterans and veterans who worked with American forces, it can be used as a map for seeking Canadian legal assistance. With the help of a lawyer skilled in injury and disability law, you can at least mount a stronger defense for your claim. 

You'll need to gather as much information about your military experience as possible, and be ready to answer deep interview questions. No answers are obvious and no questions are too simple, as the military veteran experience is as unique from veterans to civilians as it is between veterans. Your situation is unique to you, and a lawyer is better equipped to fight for you if they can extract even the smallest hint of connection between your career and your condition.

Simple events such as staying at a hotel that you didn't know was near a military munitions cache or chemical storage could be useful in the future, especially if linked with other veterans' stories or news articles. Even if you know what caused your problem, such as a fall at a past workplace in the military or being near an explosion, every detail of where you were, who you were with and what exactly happened could increase your chance of success. If you don't know, a lawyer could interview others who were involved.

Contact a lawyer to begin discussing plans for a claim that could deliver evidence that isn't always obvious. Click here to learn more about cases for personal injury in your area.

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