Aggravation Of Pre-existing Condition And It's Service Connection

Aggravation Of Pre-existing Condition And It's Service Connection

Posted On: Jul 06, 2023
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Service connection pertains to a veteran's disability or demise during military service. Once a condition is established as service-connected, the VA will assess its severity to determine the corresponding disability rating.

This rating subsequently determines the monthly compensation granted to the veteran. Thus, service connection holds immense importance in the VA disability claims procedure. It is crucial to note that veterans can establish service connections through various means, including aggravation-based service connections.

Proving A Pre-existing Condition

The VA initiates the assessment of claims for service connection based on aggravation by employing a presumption of soundness. It assumes that veterans were in a healthy state when they entered the service unless evidence suggests otherwise.

Any pre-existing conditions should be documented during the service member's entrance examination. However, the presumption of soundness is applied if no conditions are recorded.

To challenge the presumption of soundness, the VA is required to provide clear and unequivocal evidence demonstrating that the disease or injury predated the individual's service and was not aggravated by it.

How To Get VA Disability Benefits For Pre-Existing Conditions?

The answer to that query varies depending on the circumstances. If a veteran had a disability prior to joining the military, they must present medical evidence demonstrating that their service exacerbated their condition.

It can pose challenges, especially when there is no clear diagnosis or when the condition has deteriorated over time.

Nevertheless, it is possible to obtain disability benefits for a pre-existing condition by establishing that military service aggravated it.

The most effective approach involves obtaining a medical opinion from a physician familiar with the individual's medical history. This expert can provide an assessment regarding the service connection of the condition.

In the event that obtaining a doctor's opinion is not feasible, alternative evidence can still be submitted. For instance, veterans can provide medical records or testimonies from witnesses who can verify that the condition has worsened since enlisting.

Ultimately, the VA holds the authority to determine the validity of the claim. However, if there is compelling evidence supporting the aggravation of the condition due to military service, the chances of being approved for VA disability benefits are favorable.

VA Presumption Of Aggravation

When both the existence of a pre-existing disability and an escalation in its severity are verified, the VA will assume that the augmentation is a result of service-related aggravation, given the following circumstances:

  • If the veteran demonstrates that their pre-existing condition worsened during service, typically supported by medical evidence or expert opinions.
  • The deterioration of the pre-existing condition exceeds its natural progression, and the VA will provide compensation solely if the disability worsens beyond what would have occurred in the absence of military service.

Rating Criteria For Service-Connected Conditions Based On Aggravation

Once a condition is established as service-connected, the VA assigns a compensation rating to indicate its severity.

In the case of conditions connected through aggravation, the disability rating is determined based on the extent of change caused by military service.

VA examines the veteran's medical records pertaining to the condition at the time of enlistment. They utilize the Veterans Affairs Schedule for Rating Disabilities (VASRD) to ascertain the rating the condition would have received back then.

Next, the VA evaluates the current state of the condition and determines the rating it would be assigned as it currently stands. The initial rating is then subtracted from the current rating to calculate the disability percentage.

It represents the degree of worsening experience by the pre-existing condition during a veteran's time in military service. This final percentage is designated as the assigned VA disability rating.