Getting ready to file a VA disability benefits claim? You're in the right place; this blog is for you. To avoid complications later on, veterans should get familiar with the different criteria that need to be met before they can request a medical opinion or evaluation from the US Department of Veterans Affairs (VA). Specifically, three different elements must be met beforehand.
In this blog, we're covering the need for a documented service event (Element 2) before veterans can request a medical opinion. Here's what you need to know:
Element 2: Service event 38 CFR 3.159(c)(4)(i)(B)
Element 2 is a prerequisite requirement for veterans who are looking to get evaluated by the VA. As defined by the VA, Element 2 is the establishment of one of the following occurrences during a veteran's military service:
An event
An injury
A disease
So basically, there has to be crystal clear evidence that something occurred during military service that has caused the veteran's condition.
How can a service event be proven?
According to the VA's M-21-1 (section IV.i.1.B.1.c), a service event can be proven / Element 2 can be satisfied in the following ways:
Service treatment records
Lay evidence / lay statements
Personal statements
Objective medical records from civilian providers**
**For example, if a veteran got injured while on leave and was seen in the civilian medical sector.
What about the other elements / requirements for requesting an evaluation from the VA?
While it's important to be familiar with the depth of Element 2, you'll need to know the others as well before submitting a request for an evaluation. Read our blog about Element 1 here (the need for a current chronic disability) and our overview of all three elements here (current chronic disability, service event, and a medical nexus).
We help veterans with Nexus Letters and DBQs
We work with veterans to craft compelling and effective medical documentation for VA disability benefits. Get in touch today to schedule a chart review, or view our other services here. With our support, proving your condition to the VA can be efficient, cost-effective, and no-hassle compared to figuring it out on your own.
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