How To Prove Service Connected Disability

Topics:

Conditions Diagnosed While in the Armed services
Atmospheric condition Aggravated past Military machine Service
Conditions Caused past Service-Connected Conditions ("Secondary")
Conditions Caused by Exposure
Conditions on the VA Presumptive Listing
Service-Connexion Afterwards 8 Years of Active Duty Service (DoD ONLY)
Service-Connexion for Reservists

Veterans must show that their conditions meet the requirements for service-connection.

Service-connection means that a veteran's medical condition was directly caused by armed services service, occurred while in the military (but not necessarily on duty, i.e. a car accident at night), was aggravated by military service, or was caused by conditions that are themselves service-connected.

Both the VA and the DoD will just give Military Inability Ratings for conditions that are service-continued.

All exceptions to Service-Connectedness can exist institute on our Weather condition That Are Not Ratable page, and can include genetic or hereditary conditions, or atmospheric condition that existed prior to service (EPTS).

For a condition to be considered service-connected, its connection to service MUST be clearly documented in an official record, similar a medical tape, while the service member is nevertheless in the military (except, of course, Weather condition Caused by Service-Connected Weather condition), or it volition not be eligible to receive Military Inability.

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Conditions Diagnosed While in the Military

The goal of Military Inability is to compensate all veterans for whatsoever conditions that they incurred because of military machine service. The laws in place define these weather condition as ones incurred in gainsay, on duty, and in training.

This is expanded further, however, to include every status that is diagnosed during an Agile Duty service member's fourth dimension in the military, fifty-fifty if it occurs when off duty.

So if Beth breaks her ankle during training, strains her back while playing basketball with her friends on the weekend, or is diagnosed with cancer, all while she is an agile duty military member, each of these weather will exist considered service-connected.

The exceptions to this are all atmospheric condition on our Conditions That Are Not Ratable page.

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Conditions Aggravated by Armed forces Service

Service-bedevilment applies to conditions that were non initially caused by war machine service, but were significantly worsened directly by service or by another condition that is service-connected.

Atmospheric condition that existed prior to service (EPTS) are not considered service-connected since they happened when the service fellow member had no connection to the war machine at all and thus are not the armed services's fault. If, however, an EPTS status is worsened by military machine service, it is considered service-aggravated.

Similarly, genetic and hereditary conditions are weather that will develop in a person's life no matter what. Some develop before service and are thus considered EPTS. Others may develop later in life. If a genetic condition develops while a service fellow member is in the war machine, then it is automatically considered service-aggravated unless it tin be clearly proven that the status would accept developed at the same fourth dimension and to the same degree whether or not the service fellow member was in the military. If this can be proven, then it is not considered service-aggravated.

All EPTS, genetic, and hereditary conditions are considered fully service-connected if the service member is on active duty for viii years or more (DoD only).

To determine if a condition was truly aggravated by military machine service, the seriousness and timing of the condition is compared to the medically-accepted normal progression of the condition. If the status is conspicuously worse or occurred earlier than the norm, information technology is service-aggravated.

Case: If Juan has a genetic illness that ordinarily starts manifesting at age xxx, then it would only be considered service-aggravated if it manifested earlier age thirty. So if his disease manifests at historic period 25, that's earlier than the standard age, and then the condition is definitely considered service-aggravated.

Whatsoever status not related to war machine service can as well be considered service-aggravated if it is clearly made worse past a service-connected condition.

Example: Tina is a Reservist who injured her knee in the line of duty and developed service-connected knee instability. Later, she is in an blow while off-duty and breaks her ankle. Without the knee instability, the ankle would take been able to heal completely, however, every time her knee joint gives out, her ankle is re-injured and unable to properly heal. She eventually develops arthritis in her ankle caused by the combination of the genu instability and the ankle injury. Because it was unable to heal due to her service-connected condition, her talocrural joint would be considered service-aggravated.

Rating Service-Aggravated Conditions

Service-aggravated atmospheric condition are not necessarily given the full rating and compensation that would usually be given to the same condition if information technology were non an EPTS or genetic condition. Instead, it will be compensated for how much it was changed by military service or by the service-connected status.

For an EPTS status, the Rating Authorities will review the medical records of the condition at the time the service member entered the military. They will and then use the laws of the VASRD to decide what rating the condition would accept received at that time if it had been rated. They volition then look at the electric current condition and decide what rating it would be given every bit is. The first rating is then subtracted from the current rating to find a rating that reflects how much the EPTS condition worsened over the course of armed services service. This rating is then the official rating assigned for the EPTS condition.

For example, if when Carla kickoff entered the military she could not lift her dominant arm above shoulder summit (a condition that would rate xx%, and something that wouldn't happen—they would never take her in the military with such a severe EPTS condition—but but become with it), and currently she couldn't lift it more than 25° from her side (a rating of 40%), so the final military machine inability rating for her arm would only be xx% (twoscore% minus the original 20%).

For a genetic condition, the same principle is applied, only instead of using the severity of the status at the fourth dimension the service member entered the military, the severity that the condition would have been if it had progressed usually is used.

Adjusting the aforementioned example: If a genetic status would commonly cause a person at this point to not be able to raise their ascendant arm above shoulder height (a twenty% rating), but Carla really can't raise her arm more than 25° from her side (a 40% rating), and so the final armed services inability rating for her genetic status would exist twenty% (40% minus xx%).

EXCEPTIONS:

– This subtraction would non happen for either an EPTS or genetic condition, all the same, if the service member's Full Combined Military machine Inability Rating is 100%, if it is not articulate how astringent the EPTS status was upon entering the armed forces, or if the genetic status began early (there wouldn't be a comparable severity). In these cases, they would just receive the total current rating.

– If there are ii paired organs (2 kidneys, 2 eyes, two ears, etc.), and one has an EPTS or genetic condition, and the other develops a regular condition while in the war machine, then both will be rated without subtracting the percentage. And so if ane eye has been blind since the historic period of ten, and the other loses sight while on agile duty, then both eyes volition receive total ratings.

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Conditions Caused by Service-Connected Atmospheric condition ("Secondary")

Sometimes a service-connected status can cause additional weather to appear in the future. Any condition acquired by a service-connected condition is considered service-connected by default.

Since the DoD but gives disability for weather at the time the service member leaves the armed services, these secondary conditions will not really be an issue for DoD Disability.

The VA, however, rates atmospheric condition over fourth dimension, so if a secondary status develops later on in life, the VA will consider it service-connected and will provide VA Disability Benefits for it. You tin only submit a new VA Disability Claim for that condition.

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Conditions Acquired by Exposure

Every bit a role of their armed forces duties, service members are ofttimes exposed to chemicals, radiation, or other substances that tin can negatively affect their health over time. If a condition develops after a service member leaves the military that is known to be caused by a substance that they were exposed to while in the military, so that condition is service-continued.

The service member must, however, prove that they were indeed exposed to the substance. If exposure occurs, service members tin get documents detailing exactly what they were exposed to, how much, and for how long.

If you are unable to get a certificate detailing your exposure, your condition volition but be considered service-connected if it is on the VA Presumptive Listing, like weather condition caused by exposure to Agent Orange or radiation, or if your MOS was one that is known to regularly bargain with the substance yous were exposed to.

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Atmospheric condition on the VA Presumptive Listing

Over time, the VA noticed trends in the medical conditions that veterans developed after serving in certain circumstances at certain times. Although in that location is no definitive medical proof that these conditions were caused by the circumstances of service, in that location was enough prove to convince the VA that it was non casual.

Because of this, the VA compiled their VA Presumptive List. This listing basically says that if a service member served in this place at this time and adult this condition, then it must have been acquired by that service and is thus service-continued and eligible for VA Inability.

The VA Presumptive Listing includes exposure to Agent Orange for Vietnam and Korean vets, exposure to radiations, conditions in prisoners of state of war, conditions in Gulf War veterans, and more than.

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Service-Connection After 8 Years of Active Duty Service (DoD ONLY)

EPTS and genetic weather condition are normally not eligible for DoD Inability or VA Disability unless they are service-aggravated. If a service fellow member served in the military on active duty for eight years or more, however, then their EPTS or genetic weather are automatically considered service-aggravated, and thus eligible forDoD disability, unless it tin be proven otherwise.

It must, however, also make the service member Unfit for Duty since the DoD will only charge per unit conditions that are unfitting.

Basically, if the service fellow member served 8 years or more and the condition has worsened until it now makes them unfit, then the EPTS or genetic condition is considered service-aggravated and ratable. Information technology's a bit of a gift for giving and then much of their life to the service.

While this rule does not directly apply to the VA, the VA usually considers EPTS atmospheric condition that have progressed enough to brand a service fellow member unfit as service-aggravated and and then will usually rate these weather as well.

This 8-year service-connexion rule does not include the other conditions noted on our Weather condition That Are Not Ratable page.

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Service-Connection for Reservists

For a condition to be service-connected for Reservists, it must have occurred directly in theline of duty. This ways that it must accept occurred while on active duty or during active duty preparation, and includes conditions that were service-aggravated past these activities.

This doesn't include conditions that occurred while off duty or diseases that aren't directly caused or aggravated past military service. For case, conditions that take months or years to develop, similar diabetes, that simply could not have done so betwixt the beginning of active duty and diagnosis would not qualify as service-connected.

The only conditions that can be considered service-connected that occurred during inactive duty training are injuries, centre attacks, and strokes.

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FAQs

What is Service-Connectedness?

Service-connexion means that a veteran'south medical condition was directly caused past their military service. Both the VA and the DoD only give disability benefits for service-connected conditions.

Exercise my conditions qualify for service-connection?

There are multiple ways for conditions to authorize for service-connexion. The simplest mode is to have clear proof of their diagnosis and treatment in your service treatment records. You can also show proof that they are aggravated by service, secondary to another service-continued condition, caused by exposure during agile duty, or on the VA's Presumptive Listing.

Why does service-connexion matter?

By law, the military machine disability organization is prepare to compensate veterans for whatever weather that are the issue of their armed forces service. This is to ensure that our veterans are properly cared for in return for their service to our country. Proving service-connectedness is necessary, however, to avoid claims for conditions that had nothing at all to do with military service.

Why exercise I accept to prove service-connectedness?

Both the VA and the DoD can only compensate veterans for conditions caused by their military service. Veterans are required to provide proof of service-connection in club to ensure that our taxpayer money is correctly going to help those with conditions resulting from their military service.

How exercise I evidence service-connection?

To prove service-connectedness, submit all documentation you have that shows that your conditions run into the requirements for ane of the categories of service-connection or one of the categories on the Presumptive Listing.

I am a Reservist. How do I show service-connection?

Reservists have to prove that the condition occurred not simply during their armed forces service, but also directly in the Line of Duty. This ways that the status occurred while on active duty or during agile duty preparation.

Can conditions that existed prior to service be service-connected?

Weather condition that existed prior to service (EPTS) can only be considered service-aggravated. They can nonetheless qualify for compensation, only you'll have to show that they developed faster considering of military factors than they would take in a civilian occupation.

How do I show service-connection from secondary conditions?

The VA volition provide disability benefits for any condition caused by another service-connected status, even if information technology develops years after discharge. To support a claim for a secondary status, you need to provide bear witness that the new condition is clearly the issue of the service-connection status. A NEXUS alphabetic character from yous physician will greatly strengthen claims for secondary conditions.

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