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Is ADHD a VA Disability?

Is ADHD a VA Disability?

Not strictly speaking, but it can’t be completely ruled out. Under VA laws and regulations, personality disorders and other disabilities classified as congenital and developmental are not recognized as compensable diseases. Given that ADHD is categorized as a developmental disorder, it does not qualify as a compensable disease for VA purposes.

However, even though ADHD is not usually eligible for VA disability benefits, there’s a chance it could qualify if it’s proven that something happened during military service that made the condition worse and led to a disability. Put simply, if the condition’s symptoms worsened during military service, then a Veteran might be eligible for benefits.

What is ADHD?

Attention deficit hyperactivity disorder (ADHD) is a frequently occurring neurodevelopmental condition that impacts how individuals think, act, and handle daily activities. ADHD is recognized as a disability according to the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 (Section 504). From both legal and medical standpoints, ADHD is classified as a disability under this Act.

Why Doesn’t ADHD Directly Qualify as a VA Disability?

There isn’t a specific code for ADHD (also referred to as attention deficit disorder), in the VA system. ADHD falls under neurodevelopmental disorders, which aren’t classified as diseases or injuries according to the rules laid out in Title 38 of the Code of Federal Regulations (CFR). 

Neurodevelopmental disorders are a group of conditions that start during the developmental period. They usually show up early in life and involve problems in various areas of functioning. This group includes conditions like ADHD, autism, learning disorders, tic disorders, stuttering, and intellectual disabilities. 

Because of this classification, they generally don’t qualify for direct service connection. 

Exceptions Connecting ADHD to Military Service

Some exceptions and strategies may link ADHD to military service, facilitating the process of obtaining benefits. Exceptions connecting ADHD to military service involve scenarios where clear links can be established between the condition and service-related factors. Some examples include:

Injury during service: If it’s evident that ADHD developed as a result of an injury sustained during military service, such as a traumatic brain injury (TBI), service connection may be considered. TBI can often lead to ADHD-like symptoms, making it easier to establish a connection.

Rapid worsening of symptoms during service: If the symptoms of ADHD significantly worsen at an unusually fast rate during military service, it may indicate a direct link to service-related factors. This rapid deterioration can serve as evidence supporting the claim for service connection.

PTSD and ADHD

Research suggests that there may be a link between Post-Traumatic Stress Disorder (PTSD) and ADHD, particularly in individuals who have experienced trauma. War zone deployment, training accidents, and military sexual trauma (MST) may lead to PTSD.

Service members may see combat or undertake missions that expose them to horrifying and life-threatening experiences. Veterans may have experienced a serious training accident. These situations could result in the development of PTSD.

While ADHD and PTSD are distinct conditions with different symptom profiles, they can co-occur in some cases. For example, individuals with ADHD may be more vulnerable to experiencing trauma due to impulsivity and difficulty regulating emotions, which could increase their risk of developing PTSD following a traumatic event. 

Additionally, symptoms of ADHD, such as difficulties with attention, concentration, and impulse control, may overlap with symptoms of PTSD, making it challenging to differentiate between the two conditions.

Establishing Service Connection for an ADHD Disability Claim

Establishing service connections for ADHD can pose challenges. Veterans need to establish a clear connection between the condition and military service. This means demonstrating that the ADHD either originated during military service or was significantly aggravated by service-related factors.

Gathering Evidence to Support the Claim

Gather compelling evidence to meet the nexus requirement. This evidence may include medical records documenting the onset or worsening of ADHD symptoms during military service. Additionally, statements from fellow service members or commanders who observed symptoms firsthand can bolster the claim.

Importance of Medical Records and Expert Opinions

Comprehensive medical records detailing ADHD symptoms before, during, and after military service are essential. These records should demonstrate the progression or worsening of symptoms attributed to service-related factors. Expert opinions from qualified medical professionals specializing in ADHD can provide additional credibility to the claim.

Berry Law

The attorneys at Berry Law are dedicated to helping injured Veterans. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals.

This material is for informational purposes only. It does not create an attorney-client relationship between the Firm and the reader, and does not constitute legal advice. Legal advice must be tailored to the specific circumstances of each case, and the contents of this blog are not a substitute for legal counsel.

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