As a Veteran seeking Veterans Administration (VA) disability benefits, it can be disheartening to have a claim denied due to a disability that occurred during childhood. However, it’s important to understand that a disability experienced during childhood is not necessarily considered a preexisting condition by the VA. The presumption of soundness, a legal principle, can help when pursuing a claim for service connection.
Many Veterans with childhood disabilities mistakenly believe that they are automatically disqualified from receiving VA disability benefits. This misconception can prevent them from seeking the support they deserve, even when their condition has been aggravated by their military service. It’s crucial to understand that having a disability during childhood does not necessarily mean that a Veteran is ineligible for benefits.
Another common misconception is that a Veteran’s condition must have been diagnosed during their time in service to qualify for disability benefits. However, this is not always the case. If a Veteran can demonstrate that their current disability is related to their military service, even if it was not officially diagnosed until after discharge, they may still be eligible for benefits. This is particularly relevant for conditions that may have been present during childhood but were exacerbated or aggravated by the demands of military service.
The presumption of soundness doctrine states that every Veteran is presumed to have been in sound condition when examined, accepted, and enrolled for service, except for defects, infirmities, or disorders noted during the enlistment examination. This presumption can only be rebutted if clear and unmistakable evidence demonstrates that the injury or disease existed before acceptance and enrollment and was not aggravated by military service (38 U.S.C. § 1111).
For the presumption to apply, the disability in question must not have been “noted” during the enlistment examination. According to 38 C.F.R. § 3.304(b), “noted” includes only conditions recorded in examination reports. An indication of pre-service existence of conditions recorded at the time of the examination does not constitute being “noted.”
The case of Crowe v. Brown, 7 Vet App. 238 (1994), illustrates the application of the presumption of soundness. The appellant, who was denied service connection for asthma, had entrance examination records from 1958 and 1962 that did not note any asthma condition. Because asthma was not noted during either examination, the presumption of soundness applied, and the VA had the burden to show by clear and convincing evidence that:
The only evidence suggesting the appellant had asthma before service was that, as a child, he experienced swollen neck glands, a prolonged cough, and some throat difficulty. The Court of Appeals for Veterans Claims found this evidence insufficient to meet the standard of clear and convincing evidence.
The Court also indicated that the Board of Veterans’ Appeals did not provide adequate reasons or basis for its finding of asthma as a preexisting condition. It stated that the opinion of a physician Board member or a Board medical adviser, without more, does not constitute sufficient evidence to meet the Board’s burden.
Navigating the complexities of VA disability claims can be challenging, especially when dealing with the presumption of soundness and childhood disabilities. If a Veteran is struggling with a VA claim, they need an experienced Veterans disability lawyer.
A skilled attorney can gather the necessary evidence to demonstrate that military service aggravated a childhood disability or that a current condition is directly related to service, despite having a similar condition in childhood. They can assist in obtaining medical records, expert opinions, and lay statements to support a claim and build a compelling case.
If a claim has been denied due to a childhood disability, a Veterans disability lawyer can help navigate the appeals process. They can review a case, identify any errors or oversights in the VA’s decision, and develop a strategy to challenge the denial. A lawyer will work tirelessly to present the strongest possible arguments, increasing the chances of a successful appeal.
In some cases, a Veteran may have already been granted disability benefits, but believe that their rating is too low and does not accurately reflect the severity of their condition. A Veterans disability lawyer can appeal for a higher disability rating by gathering additional evidence and presenting a persuasive case to the VA. They can explain the rating criteria for a specific condition and argue for a higher rating based on the evidence in a case.
Throughout the claims and appeals process, a Veterans disability lawyer can communicate with the VA and provide support and guidance during this challenging time.
Remember, a disability during childhood does not automatically disqualify Veterans from receiving VA disability benefits. With the right legal support and a thorough understanding of the presumption of soundness, a lawyer can build a strong case and fight for benefits.
Veterans should not let a childhood disability prevent them from obtaining support. Contact Berry Law today and discover how their team of experienced Veterans disability lawyers can help build a strong case. Many of Berry Law’s attorneys are Veterans, giving them unique insights into the challenges other Veterans face and a deep commitment to serving those who have served our nation.
With its lawyers’ extensive knowledge of VA regulations and the appeals process, Berry Law is well-equipped to guide Veterans through every step of a claim. They understand the frustration and disappointment of having a claim denied due to a childhood disability, and they’re dedicated to helping Veterans overcome these obstacles and secure the benefits they earned.
Contact Berry Law today at (888) 883-2483 for a free consultation or fill out our online contact form to speak with experienced VA disability lawyers and learn more. The firm represents Veterans in all 50 states, and their legal team is available 24/7 to answer questions and provide assistance.
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