The War Room

Episode 7:Why the VA Says Not Service Connected

Robert Pinero Season 1 Episode 7

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0:00 | 17:53

This episode breaks down what the VA really means when they say “not service connected.”

A lot of veterans hear that and think their claim is over—but most of the time, something is just missing.

We walk through how the VA actually evaluates your claim and why so many veterans get denied. Every claim comes down to three key pieces: an in-service event, a current diagnosis, and a nexus linking the two. If one is missing, the claim gets denied.

In this episode, we cover:

  •  What “not service connected” actually means 
  •  How to read your denial letter and understand what’s missing 
  •  Why most veterans refile without fixing the real issue 
  •  What evidence actually matters (service records, buddy statements, medical opinions) 

This episode shows you how to identify where your claim broke down and how to move forward the right way.

If you’ve been denied or are trying to get service connected, this will give you a clearer path forward.

SPEAKER_02

Denied, delayed, underrated? That's the story for too many veterans, including me. Hey veterans and the families listening in, welcome. My name is Robert Pinero. I'm a Marine Combat Veteran and the founder of Veterans Educating Veterans. I've served two tours in Iraq, and like many veterans, I know how hard it is to get service connected and navigate the VA system. After service, I was frustrated, in pain, and told no more times than I can count. Even by VA attorneys. So instead of giving up, I decided to learn the VA process myself. That's what Veterans Educating Veterans is built on. We educate and guide veterans through the VA compensation process, step by step, helping you understand how the system works so you can move forward with confidence, not confusion. I do this work alongside my wife Jillian and for our two daughters because our families live with the impact of service long after the uniform comes off. You deserve the benefits you've earned, not just for yourself, but for the family that stands beside you. Welcome to the War Room.

SPEAKER_01

The War Room by Veterans Educating Veterans.

SPEAKER_02

Just a quick disclaimer: this is for education only and not for legal or medical advice. Every claim is different, so don't take this as an individual guidance. Welcome back to another War Room episode. My name is Robert Fennaro, CEO and founder of Veterans Educating Veterans, and today I have with me Coach James.

SPEAKER_00

Hey guys, how's it going today?

SPEAKER_02

Coach Cody. What's up? And Coach Jesse.

SPEAKER_03

What's up, guys?

SPEAKER_02

Cool, man. Did you guys hear about uh Chuck Norris? I did.

SPEAKER_04

I did, that's sad. Air Force Veteran. That's uh where he learned his mix martial arts, was in the Air Force.

SPEAKER_02

I don't know if you knew that or not. Oh wow, I didn't even know the Air Force did martial arts.

SPEAKER_04

Passed away in Hawaii. R.I.P. Chuck Norris. I have a Chuck Norris's joke, but I forgot it. So we'll roll on to the next segment.

SPEAKER_02

Awesome. So today's topic is um when the VA says not service connected. It usually means that the file is missing a specific link, not to the claim, which people usually think my claim is hopeless from the start, right? If the VA said your condition is not service connected, the real question is not just why you lost, it's where the file broke down. A lot of veterans here are not service connected and think that the VA shut the door completely, which is where most veterans give up. Um, and in many cases, the denial points to a missing piece, right? And we'll go over that today. The key is learning how to spot what part of the case felt. Today we want to break down what service connection really means and why these denials happen. So let's start with the basic framework, right? Because a lot of people hear the term service connection without really understanding what goes into it and what the pieces are.

SPEAKER_00

Yeah, for sure. The biggest thing to remember with service connection is that there's three parts that must be established to establish service connection. Um, the biggest one is an event or injury or exposure or illness that happened and is can be proven while on active duty. And that's the biggest part. Um, the second one is the nexus or the link between the two um your current symptoms that you're experiencing and the injury that you sustained or illness or exposure. Um, the third in this, a lot of people miss this one is a current diagnosis. Um so showing that you're diagnosed with a condition, you can't just say, I have back problems. Yeah, you probably absolutely do, but you have to be medically diagnosed with what it could be disc disease, back strain, lumbar strain, whatever they diagnose you with. That's the biggest thing that a lot of people are missing. Um, and you have to have all those three pieces to show that this is service connected. If you're just missing one of those, um it'll it'll be denied. Absolutely. And and that's a lot of problems that people have is they do this, they're missing one of those one of those three things, they get denied, and then they say, Okay, well, I'm done. I it's not service connectable when they it can be a simple fix as um getting that one piece that you're missing.

SPEAKER_02

So I just want to um just want to clear out so it's not a self-diagnose, it's not hey, I have lumbar strain because my friend in service who was with me at the same time in the same event has a lumbar strain, so I have it as well.

SPEAKER_00

Right, absolutely. So it has to be a medical professional, D-O-M-D, P A, N P. Someone in the medical. Just wanted to clear that out. With a degree, yeah. Right.

SPEAKER_04

Not so yeah, the the VA looks for any reason to to deny whether that's uh, you know, you're missing one of the key three pillars you just talked about. So you could have a clear-cut diagnosis and and no um uh clear connection to it in your service file. Um you know that you could have something that happened in service but uh was never developed. Um whether that be you didn't think that the symptoms were uh bad enough to report them while you were in the service or didn't think that they mattered enough, um, whatever the case is, those are the missing links that are gonna lead to being denied. So really what it comes down to is when if you've been denied in that denial letter will be a clear-cut picture as to what is the missing piece of of evidence that you need to get this service connected. And you may have everything, you just need that that path forward and and and details to get that service connected. Um, so there might still be a path forward. You just need those details.

SPEAKER_02

So I'd like to add something on real quick. So um what what they do is they give you uh the breakdown of those three pillars that we're talking about, right? So in that denial letter, um they're going to break down which one is weak and which one is strong, right? So if you have an in-service, okay, but it's 15 years later that you're trying to service connect it, there has to be uh what's called either a continuity, which means there's a connection between what you have today and what happened in service, or there has to be what's called a continuous of symptoms, meaning that you got hurt from your back. Let's let's use the back as the example. Um, you were hurt in your back, and now you continue to have pain in your back, right? Which causes also functional impairments, which means you can't bend over, grab bags and things like that. And you need to describe during that time what you did. If you didn't go to the doctor, you have to explain it, right? And this is where um these veteran claim consultant companies or um what the VSOs and and and other people that are allowed to help you with your claim um are supposed to do. Um, so this is why it is super important to understand what the VA is giving you, and when that letter comes out, um, to have somebody look at it that actually knows what they're looking at, um, to kind of explain it back to you on what you're missing. Um, it will tell you an idea of what you're missing, but you will not fully understand it unless somebody reviews all the evidence in there.

SPEAKER_03

So a lot of veterans who um have lived with the issues for so long that they forget how we even started. Um, for example, one of my clients came in talking about jaw, his jaw hurting, and uh, you know, he provided his um his uh service treatment records, and once we look through them, we see that there was an invented injury that happened with um his haul, his jaw being hit while he was in service.

SPEAKER_02

So a denial is often less about no chance and more about missing proof. So let's talk about the specific kinds of proof of veterans often overlook when the VA says not service connected.

SPEAKER_00

Yeah, so what a lot of times veterans overlook, um, their symptoms during service absolutely matters. Um, even if the treatment wasn't limited, you say you went to BAS or your medical one time um for an ankle sprain or or back injury. Uh what really matters is is that symptom for that chronic issue, it's a chronic issue, it continues. Um so even after service, you are still having problems with that back. And it may not be every day, but it doesn't mean that you don't have continuation of these symptoms. Um, the evidence absolutely matters, showing that it's a continuation to get service connected. You can't you can't just have a an acute injury that one time you sprained your ankle and it hasn't bothered you since. You gotta show with the VA that this continues to bother me to this day.

SPEAKER_02

So, for simplicity, what is acute?

SPEAKER_00

Acute machines. So it's something that happened and it fixed itself. It's not a chronic issue. So chronic is a continuation. So, you know, if you got a cold one time, it went away, it that's an acute problem. It it's got it. Something happens one time, it's gone in a week, and now you have no lasting effects from it. Um, you know, a chronic issue is me, I broke the arch of my foot three times when I was in the military, three different occasions. And now I have a flat foot because of it, and it is service connected. So it gives me chronic problems to this day because of um the natures of the breaks that that I sustained in my metatarsals. Um so the claim, you know, definitely needs to be um clear, not you know, more clear-cut just because it's you don't think it's a clear cut or it's lacking evidence, it could be in there as definitely if it's documented. Just because the person that wrote up your medical evidence doesn't look like it's as detailed as you think it is, as long as it's documented, at least we have something we can go off of and we can investigate farther and see if that's something that is still bothering you.

SPEAKER_04

So, some of those, like you said, those key pieces of evidence, the evidence that you need to get service connected, what that's gonna look like is gonna be your service treatment records and what you just talked about. It doesn't have to be perfect, right? So STRs or service treatment records are gonna be huge, buddy statement letters are gonna be very big in this. Uh, medical opinions as well are gonna be huge. Um, it doesn't have to be perfect, it just has to be coherent and and make sense in getting the service connection. That's what we need to build off of, and and that's what we do here is we build off of what's in your records. So, like I said, if it's not perfect, that's what we determine. You know, we're gonna make it work with what we have.

SPEAKER_02

So I just want to clear up what you said. So buddy statements are used for a one of so the only pillar it can't be used for is diagnosis, number one, right? Um, it can be used for people who were in service with you who can testify to the testimony of either the actual event or the actual continuous of symptoms, right? Because sometimes um being in the military, um, you can't constantly go to medical. Let's call that what it is. You know, your upper um chain of command is very tough on you, doesn't allow you to go, but these other people can testify or write a statement um saying that they did see the continuous of symptoms. As well, it can also be used with what's going on today, right? And what symptoms you have today. So these people can write statements about what's going on today. And VEV actually has a way of getting these buddy statements and who to have to prove all these pillars and any gaps that you're missing um for medical records.

SPEAKER_03

Well, to piggy up, piggyback on that, you know, family and friends may be able to describe the, you know, how your symptoms are after service, you know, like like you said, you know, they're the ones that see, you know, your especially your family, your wife, your kids see the difference between when you were in service. Even when you were in service, you know, when you go home and and you know, you gotta put patches on your back or take these pills and stuff just to go to work the next day.

SPEAKER_02

Or give me a massage.

SPEAKER_03

After service, get you a massage. Um, those people are that are closest to you can help your claim with a buddy statement.

SPEAKER_02

So once you know the missing piece, uh the next step is not random refouling, right? It's providing um either those items that are missing or uh giving them different medical opinions. Um, it depends on where your case is. It's like I said before, the your case is a fingerprint, right? Your case may be different from the next person, even though they were there at the same time, um, same place, same event. Um, it still can be different. So this is where a lot of veterans waste time. They refile without knowing what they're trying to repair.

SPEAKER_00

Yeah, absolutely. So fixing the right fixing the problem the right way. So depending on each claim, it's going to be different. If it's missing the diagnosis, diagnosis, fix the diagnosis, go get one, go get treated for it, showing that it's still bothering you. If it's missing the in-service event, we got to find that. You know, that might be strengthened with buddy state, buddy lay statements because the injury was only reported one time in medical, showing how, hey, yeah, I went there. They didn't do anything that I felt was significant. So I just treated it on my own with Motron and water and changed my socks, you know. And then the third thing could be, okay, well, maybe you're missing a nexus. So we can focus on connecting that injury to your current symptoms. So that's the nexus. Um, rather with that being also with statements can help support that because again, you're just so used to, well, I went to my doctor, it took me six months to get an appointment. They did nothing, they did an x-ray, uh, again, gave me Motron and sent me on my way, which I can just do that on my own. Why am I paying this copay and my time missing work to go do this when I can do it on my own? You know, those statements help support that and paint that picture, the full picture of how this injury that happened is the reason you're still having problems to this day. Um, so again, it like Rob said, it's not a clear cut, you know, per each case. It all depends on your case specifically and why it was not approved.

SPEAKER_04

Yeah, absolutely. Um, a lot of that starts with reading the decision and why they denied you in the first place. Um, like Rob said, that's kind of a uh a foreign language when it comes to trying to read those decisions. But right in there, it'll it'll tell you what the favorable findings are and what they found and what they're conceding is is uh in your favor um and what the missing links are. So that's one of the big things right there. It'll tell you which pillar is link is weak um and which one you need to work on. Um that's when you need to start to review the STRs, your your statements, your medical records, um, and just build that missing link instead of just trying to throw stuff at the wall again blindly and getting another denial letter. Um and eventually those denial letters you'll start to understand when they come in, they're easier to read and understand because there's gonna be a pattern of what you're missing, and eventually those go away, and you're gonna start to see those approval letters instead.

SPEAKER_03

I mean, see like you said, sometimes the claim is not dead, it just is just underdeveloped. Um, just like just like James said, uh, sometimes on the the rating decision letter they'll say that there's they found something, but there's no diagnosis that is still happening today. Or there's nothing found, but you are diagnosed today. That means it needs some deed some digging to do from uh you know your service treatment records and stuff.

SPEAKER_02

So not service connected is not always the end of the road. A lot of these denials point to a specific gap, right? So that's one of those three pillars. Um, veterans need to read denials like a clue, not just a rejection. So the denial usually tells you the missing piece if you know how to read it. If you don't, contact us, make an appointment. We'll be glad to take a look at your denial as well. Thank you for joining us. Like and subscribe, and leave us a note if you want us to talk about a certain subject. See you on the next one.

SPEAKER_00

Catch you on the flip side.

SPEAKER_01

The War Room by Veterans Educating Veterans.