Many Veterans wonder if they are eligible to receive Veterans Affairs (VA) disability benefits for a medical condition that existed prior to their military service. The answer is yes, Veterans can receive compensation for pre-service disabilities under certain circumstances. Certain eligibility criteria must be met, and there is a specific process for filing a claim for a pre-service disability that was aggravated by military service.
For a Veteran to be eligible for VA disability compensation for a pre-service condition, they must demonstrate that the condition was aggravated beyond its natural progression during their time in service. According to 38 CFR §3.306 and VA regulation 38 USCS 1153, a preexisting injury or disease will be considered to have been aggravated by service when there is an increase in disability during such service unless there is a specific finding that the increase in disability is due to the natural progress of the disease.
The VA uses a disability rating system to determine the severity of a Veteran’s service-connected condition and to assign a percentage of disability. This percentage directly impacts the amount of monthly compensation a Veteran receives.
The VA uses a detailed rating schedule, the VA Schedule for Rating Disabilities (VASRD), to assign disability percentages. The VASRD contains criteria for various disabilities and their corresponding percentages, ranging from 0% to 100% in 10% increments. The higher the percentage, the more severe the disability.
To determine the appropriate disability rating, the VA relies on medical evidence, including VA examinations, private medical records, and lay statements. The VA will review this evidence to assess the severity of the Veteran’s condition and assign a percentage based on the criteria in the VASRD.
When evaluating a pre-service disability aggravated by military service, the VA will first determine the baseline level of severity of the condition before service. Then, they will assess the current severity of the condition. The difference between the baseline and current severity is the degree of aggravation, and this is the percentage that will be assigned as the disability rating.
It is important to note that if a condition was not recorded on a Veteran’s entrance examination, the VA must presume that the disability occurred during service unless there is clear and unmistakable evidence that the disorder existed before enlistment (38 USCS 1111). However, the VA can use lay evidence from medical examinations to determine if a condition is preexisting. Therefore, Veterans must be thorough and accurate when describing their medical history to VA examiners.
While many pre-service conditions may be aggravated by the physical and mental demands of military service, some are more common than others. Here are a few examples:
Veterans with a history of asthma prior to enlistment may find that their condition worsens during military service due to exposure to environmental irritants, such as dust, smoke, or pollution. Physical exertion and stress can also trigger asthma attacks.
Pre-existing back problems, such as scoliosis, degenerative disc disease, or a history of back injuries, can be exacerbated by the physical demands of military service. Activities like carrying heavy gear, participating in long marches, or performing repetitive motions can put additional strain on the back and lead to a worsening of the condition.
Mental health conditions, such as anxiety disorders or depression, that existed prior to service may be aggravated by the stress and trauma of military life. Exposure to combat, prolonged separation from family, and the high-pressure environment of the military can all contribute to a worsening of mental health conditions.
Pre-service foot conditions, such as pes planus (flat feet) or plantar fasciitis, can be aggravated by the constant walking, marching, and standing required in military service. Wearing ill-fitting boots or carrying heavy loads can also contribute to the worsening of foot conditions.
While hearing loss is often associated with noise exposure during military service, pre-existing hearing loss can also be aggravated by service. Exposure to loud noises from weapons, aircraft, or machinery can worsen hearing loss beyond its natural progression.
Medical records, lay statements, and expert opinions can all help support a claim for VA disability benefits for a pre-service condition aggravated by military service.
When it comes to VA disability compensation, there are two main ways a condition can be service-connected: direct service connection and secondary service connection. If a pre-existing condition leads to a secondary injury, the Veteran may also claim disability benefits for the secondary condition. Here’s a closer look at each type of service connection and how they relate to pre-service disabilities:
Direct service connection means that a Veteran’s current disability is directly related to their military service. To establish a direct service connection, the following elements must be present:
For pre-service disabilities, direct service connection can be established if the condition was aggravated beyond its natural progression during military service. The Veteran must provide evidence showing the severity of the condition before service and demonstrate that the condition worsened due to the demands of military service.
Secondary service connection means that a Veteran’s current disability is related to a previously service-connected condition. In other words, the secondary condition is caused or aggravated by the primary service-connected disability. To establish a secondary service connection, the following elements must be present:
For pre-service disabilities, secondary service connection can come into play if the pre-existing condition leads to the development of a new disability. For example, if a Veteran had a pre-existing back condition that was aggravated by military service and later developed radiculopathy (nerve pain) as a result of the back condition, they may be eligible for secondary service connection for the radiculopathy.
When a Veteran enters military service with a pre-existing condition, documenting the severity of the condition at that time creates a baseline. This can be established through entrance examinations, private medical records, and any treatment received early in the Veteran’s service. Having a well-documented baseline makes it easier to demonstrate how the condition has worsened over time.
If a pre-service condition begins to worsen during military service, Veterans should get medical treatment and report the aggravation to their superiors. This creates an official record of the worsening of the condition and ties it directly to the Veteran’s time in service. Without this documentation, it can be more challenging to prove that the aggravation was service-connected.
After leaving the military, Veterans should continue to seek medical treatment for any aggravated pre-service conditions. When a Veteran files a claim for VA disability benefits for an aggravated pre-service condition, the VA will review all available medical evidence to determine the severity of the condition and its connection to military service. The more thorough and consistent the medical record, the stronger the Veteran’s case will be.
Obtaining a service-connected disability rating for a pre-service condition aggravated by military service can provide significant long-term financial and healthcare benefits for Veterans. These benefits can help ensure that Veterans receive the care and support they need to manage their conditions and maintain a good quality of life. Some of the key benefits include:
A service-connected disability rating can also open the door to additional VA benefits, such as:
Navigating the VA disability claims process can be complex and time-consuming. An experienced VA disability benefits attorney can provide invaluable assistance by:
An attorney familiar with VA regulations and the claims process can significantly improve a Veteran’s chances of securing the benefits they deserve for their service-connected disabilities, including those that existed prior to service but were aggravated by military duties.
Navigating the VA claims process to obtain a service-connected disability rating for a pre-service condition aggravated by military service can be complex and time-consuming. However, the potential long-term financial and healthcare benefits make it a worthwhile endeavor for many Veterans.
It’s important to remember that every Veteran’s situation is unique. An attorney who focuses on this area of law can provide personalized guidance, help gather the necessary evidence, and advocate on behalf of the Veteran throughout the claims process.
At Berry Law, our team includes many Veterans, giving our attorneys and staff a unique understanding of the challenges Veterans face. Call our legal team at 888-883-2483 or fill out our online contact form. We represent Veterans in all 50 states and our legal team is available 24/7.
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