The Faculty Lounge: The Obligatory Nutshell Version of Veterans Benefits:
by Jasmes Ridgway
There are three elements that determine whether disability benefits are granted: (1) current disability, (2) in-service disease or injury, and (3) nexus. These elements are similar — but not the same as — the issues in many tort claims: (1) injury, (2) violation of a duty by the defendant, and (3) proximate cause. However, there is no issue of duty. The veteran is simply trying to prove that his or her current problem is related to something that happened while he or she was in service. Many veterans misunderstand and think that all their disabilities are subject to compensation regardless of whether they are “service connected,” but this is not the case. (“Service connection” is a term of art, and it is incredibly common to hear claims for disability compensation referred to as claims for “service connection” for a condition.)
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by Jasmes Ridgway
There are three elements that determine whether disability benefits are granted: (1) current disability, (2) in-service disease or injury, and (3) nexus. These elements are similar — but not the same as — the issues in many tort claims: (1) injury, (2) violation of a duty by the defendant, and (3) proximate cause. However, there is no issue of duty. The veteran is simply trying to prove that his or her current problem is related to something that happened while he or she was in service. Many veterans misunderstand and think that all their disabilities are subject to compensation regardless of whether they are “service connected,” but this is not the case. (“Service connection” is a term of art, and it is incredibly common to hear claims for disability compensation referred to as claims for “service connection” for a condition.)
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