VA Disability compensation is a tax-free benefit paid to a veteran for disabilities that are a result of or made worse by injuries or diseases that happened while on active duty, active duty for training, or inactive duty training. Disability requires this "service connection" factor.

Disability compensation is also paid to certain veterans disabled from VA health care.

 

So lets presume you are a veteran applying for VA disability benefits. The veteran must prove his or her disability claim by submitting "acceptable" medical evidence of disability.  What does the Government say is"acceptable" medical evidence? 

 

In the veterans' disability claim of Ortiz v. Principi (274 F.3d 1361) the US said that when a veteran's medical experts report that it is more probable than not that the veteran was injured during service, that medical report is sufficient evidence to prove disability.

 

 

While the US Government clearly says that "acceptable" medical evidence in veteran's disability claims includes medical reports that state it is "more probable than not" that a veterans was injured in service of his country, the same US Government clearly says the exact opposite in federal workers' compensation claims.

 

Federal workers' compensation is managed by the US Office of Worker's Compensation Programs and commonly called "OWCP".   In OWCP claims, compensation is paid to employees in service to the US Government for injuries received on the job.

 

So now presume you are a veteran employed by the US government and injured on your job.  Once again, as with veterans, the claimant in OWCP claims is required to submit "acceptable medical evidence of their disability.  What does the Government says is "acceptable medical evidence"?

 

In the federal workers compensation OWCP disability claim of FW v. Dept. of Navy  (ECAB 09-1193) the US said that when a federal employee's medical experts report that it is more probable than not that the claimant was injured on the job, that medical report is not sufficient evidence to prove disability.

 

Again, in dealing with veterans disability claims the veteran bears the burden to prove his or her disability claim by submitting acceptable medical evidence.

 

But what happens if the veteran is unable to find a doctor to examine him and to submit medical evidence of his service disability?

 

Again presume you are a veteran applying for VA disability benefits.

 

In the veterans disability claim of Dulin v. Mansfield (Fed. Cir. 2007-7131) the US said that when a veteran does not have the medical evidence to support his claim for disability, that "absence of evidence in support of an alleged fact clearly is an evidentiary circumstance that weighs against the existence of the alleged fact."  In VA disability claims, according to the US,  the absence of medical evidence is evidence that can be used by the US against the veteran to deny his claim.

 

But then again, the US Government has said the exact opposite.

 

Again presume that you are that very same veteran now applying for Social Security Disability using the exact same record from your  VA claim.

 

In the social security disability claim of Thompson v. Sullivan, 987 F.2d 1482 (10th Cir. 1993) the US said that when a claimant does not have the medical evidence to support his claim for disability, that "absence of evidence is not proof of evidence".  In SSA disability claims, according to the US, the absence of evidence is not evidence that can be used against the claimant by the US to deny his claim.