Veteranclaims’s Blog

October 31, 2010

Definition of “Claim”, Five Elements of a Claim

Definition of a “claim”.
“Since its creation, the Court has struggled with refining a precise definition of a claim; it has seen a great many cases in which veterans have not understood the difference between VA claims and claims for service-connected disabilities.”

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“In Roebuck v. Nicholson, 20 Vet. App. 307 (2006), the Court observed that the definition of a “claim” includes all theories pertaining “to the same benefit for the same disability.” Id. at 313; see Bingham v. Principi, 18 Vet.App. 470, 474 (2004), aff’d, 421 F.3d 1346 (Fed. Cir. 2005). “
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“See 38 U.S.C.  1110 (under section 1110, a service-connected claim must result from an injury or disease incurred or aggravated in service); Winn v. Brown, 8 Vet.App. 510, 516 (1996); 38 C.F.R.  3.303(c), 4.9 (1998).”

Five elements of a claim:
Collaro v. West, 136 F.3d 1304, 1308 (Fed. Cir. 1998) (claim for disability compensation benefits has five elements:
(1) veteran status,
(2) existence of a disability,
(3) a connection between the veteran’s service and the disability,
(4) degree of disability, and
(5)effective date of the disability)

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