OUR FOCUS IS FIGHTING
FOR YOUR FUTURE

Addressing Mental Health Conditions in Your VA Disability Appeal

Latest News

Millions of veterans across the United States are dealing with mental health conditions from their time in the service. While money doesn’t make your struggles go away, getting the disability benefits that you’re entitled to can make it easier to get mental health treatment and reduce some of the financial pressures that can come from living with a debilitating disability. Mental health conditions do qualify for VA disability benefits, but many of these claims are denied.

Dealing with a debilitating mental health condition is hard enough without having to fight the system to get the benefits you’re entitled to. Let the team at West & Dunn make this easier by providing legal representation and counsel as you work with the U.S. Department of Veterans Affairs.

What Is the VA’s Criteria for Mental Health Conditions?

The U.S. Department of Veterans Affairs offers disability benefits to qualifying veterans who have incurred medical conditions due to their time in the service. Both physical and mental health conditions apply. Common mental health conditions that veterans receive disability benefits for include post-traumatic stress disorder, anxiety disorders, and depressive disorders.

To qualify for disability benefits, the criteria for mental health conditions are the same as physical health conditions:

  • You have a medical condition that affects your mind or body, including a mental health condition.
  • The condition rises to the level of disability.
  • The condition is at least as likely to have been caused by your time in the service as it was not, according to the opinion of a medical professional.

Understanding whether you qualify for a VA disability claim can be difficult, so it’s always a good idea to discuss your case with an attorney whether you are filing your initial claim or have already received a denial.

What Kind of Medical Evidence Can Be Used for Mental Health Conditions?

Medical evidence for physical conditions is generally straightforward. There may be lab test results, X-rays, or other physical medical evidence that shows that you have a health issue. Mental health conditions are a bit more complicated. There may still be assessments that your health care provider can administer to show that you meet the criteria for diagnosis. For example, the CAPS-5 assessment is considered the gold standard when it comes to diagnosing post-traumatic stress disorder. A mental health clinician’s notes and observations can also be presented as medical evidence.

Do I Need a Nexus Letter?

A nexus letter is a letter that is written by a medical professional who is used to show the link between your condition and your time in the service. These can be especially helpful when you are trying to prove a mental health condition. It’s common for veterans to have just one letter, but having multiple letters from different professionals who all agree on their medical opinions can strengthen your case. A nexus letter needs to identify the event or situations that caused or exacerbated your condition, provide an explanation of the diagnosis, and present how likely the professional believes it to be that the condition and the time in service are linked.

What Kind of Mental Health Assessment May Be Needed?

Mental health assessments can be valuable tools in obtaining a diagnosis and starting to make sense of what you’re dealing with. Having a diagnosis doesn’t necessarily change or validate what you’re experiencing, but many people find it helpful to be able to name their condition and understand what treatment options are available. Some mental health assessments, such as the CAPS-5 noted above, can also be presented as evidence in your case. The type of assessment that may be needed depends on your suspected condition. For example, someone suffering from anxiety may take the GAD-7 or the Kessler-10 assessments. The PHQ-9 is a common assessment used to diagnose depressive disorders.

If you served in the U.S. military and have a health condition directly related to your time of service that impacts your quality of life or ability to work, and your disability benefits claim has been denied, call the law firm of West & Dunn at 608-490-9449. Our team is standing by to help you with your case.

Related Articles