How Veterans Can Establish Service Connection for the VA Disability Condition Claims

When applying for service-connected compensation, you must provide a nexus between your military service and your current, diagnosed condition. There are several ways to establish service connection for your condition. In some cases, the U.S. Department of Veterans Affairs (VA) presumes service connection for veterans who develop specific medical conditions during active duty service.

TYPES OF SERVICE CONNECTION

Service connection can be established in one of the following ways:

  • Direct service connection
  • Presumptive service connection
  • Aggravation
  • Secondary service connection
  • 1151 service connection

DIRECT SERVICE CONNECTION

Direct service connection involves a connection between a veteran’s military service and a veteran’s current, diagnosed condition.

To establish direct service connection, we can draw upon medical records, military service history, physicians’ statements, and opinions from experts.

PRESUMPTIVE SERVICE CONNECTION

The VA presumes certain conditions to be service-connected if a veteran meets certain criteria.

Presumptive service connection includes exposure to herbicide agents. This presumption applies to veterans who were exposed to herbicides during their time in service, such as those stationed in Vietnam, and have a certain medical condition as a result.

A Veterans service organisation or a veterans disability lawyer can review your service and medical records to determine if you are entitled to presumptive service connection.

AGGRAVATION

You can also establish service connection if your military service aggravated a preexisting condition.

For example, you may have injured your knee prior to service, but certain training exercises worsened the condition. You may be entitled to service connection based on aggravation if you can prove that your military service caused your knee condition to get worse. Additionally, if you have a service-connected back condition that aggravates a non-service-connected neck condition, you may be able to get service connection for your neck based on aggravation.

SECONDARY SERVICE CONNECTION

Secondary service connection can be established when a veteran’s condition is the result of another service-connected condition.

For example, a veteran might develop peripheral neuropathy as a result of their service-connected Type II diabetes. Then, peripheral neuropathy would warrant secondary service connection.

1151 SERVICE CONNECTION

If you received treatment for a medical condition in a VA hospital, and your treatment led you to develop a disabling medical condition, you may be entitled to service connection by filing an “1151 claim”.

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision! Visit: VA-Claims.org

For Cases & Decisions that Could Save Your VA Service-Connected Claims! Visit: VAClaims.org ~ A Non-Profit Non Governmental Agency

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What Veterans Must Know About Compensation or Service-Connection

Compensation for injury or other adverse medical condition is the single most common type of VA benefits claim. The VA compensation process is designed to “rate” an eligible veteran based on the “average impairment in earning capacity” resulting from events occurring during or as a result of military service. If a condition is determined to be “service-connected” and an entitlement awarded, VA provides the claimant monthly payments and access to other VA benefits based on the “effective date” of the award, which is usually the date the claim was submitted to VA. Do not be concerned if you do not know what all these terms mean right now, one of the important purposes of this Knowledge Book is to explain VA terms in plain language. The terms in this paragraph, and many others, are explained in the sections that follow.

Every condition for which compensation is sought must be connected to the veteran’s service.  Establishing “service connection” generally requires medical evidence or, in certain circumstances, lay evidence of:

(1)   a current disability;

(2)   in-service incurrence or aggravation of a disease or injury; and

(3)   a nexus between the claimed in-service disease or injury and the present disability.

Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed. Cir. 2009); Jandreau v. Nicholson, 492 F.3d 1372, 1376-77 (Fed. Cir. 2007); Hickson v. West, 12 Vet. App. 247, 253 (1999); Caluza v. Brown, 7 Vet. App. 498, 506 (1995), aff’d per curiam, 78 F.3d 604 (Fed. Cir. 1996) (table); 38 C.F.R. § 3.303.

Evidence of a current condition is fundamental to an award of service connection.  Cotant v. Principi, 17 Vet. App. 116, 132-33 (2003); Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992) (reasoning that, absent “proof of a present disability[,] there can be no valid claim”).  Without evidence establishing a current disability, disability compensation may not be granted.  McClain v. Nicholson, 21 Vet. App. 319, 321 (2007) (stating that service connection requires, among other things, a current disability at the time of filing or during the pendency of the claim).  Absent evidence in the record that a claimant currently suffers a claimed condition a determination that service connection is not warranted is not clearly erroneous.  Gilbert v. Derwinski, 1 Vet. App. 49, 52 (1990).

Service connection may also be established by showing continuity of symptomatology, which requires a claimant to demonstrate:

(1)   that a condition was “noted” during service;

(2)   evidence of post-service continuity of the same symptomatology; and

 (3)  medical evidence or, in certain circumstances, lay evidence of a nexus between the present disability and the post-service symptomatology.

38 C.F.R. § 3.303(b); Barr v. Nicholson, 21 Vet. App. 303, 307 (2007) (citing Savage v. Gober, 10 Vet. App. 488, 495-96 (1997)); Davidson, 581 F.3d at 1316; see also Jandreau, 492 F.3d at 1377 (whether lay evidence is competent and sufficient in a particular case is a factual issue to be addressed by the Board).  “[S]ymptoms, not treatment, are the essence of any evidence of continuity of symptomatology.”  Savage, 10 Vet. App. at 496.  Testimony of continuity of symptomatology can potentially indicate that a disability may be associated with service, but only “if ultimately deemed credible.”  McLendon v. Nicholson, 20 Vet. App. 79, 84 (2006).

Pain alone without a diagnosed condition, however, is not a disability or compensable condition.  Sanchez-Benitez v. West, 13 Vet. App. 282, 285 (1999), appeal dismissed in part and vacated in part on other grounds sub nomSanchez-Benitez v. Principi, 259 F.3d 1356 (Fed. Cir. 2001) (“pain alone, without a diagnosed or identifiable underlying malady or condition, does not in and of itself constitute a disability for which service connection may be granted.”).  Accordingly, a decision to deny a claim for failure to establish a current condition based on pain alone will be upheld.

A condition does not have to be symptomatic at the time of the decision for service connection to be granted.  The requirement for a current disability “is satisfied when a claimant has a disability at the time a claim for VA disability compensation is filed or during the pendency of the claim . . . even though the disability resolves prior to the Secretary’s adjudication of the claim.”  McClain v. Nicholson, 21 Vet. App. 319, 321 (2007).  Furthermore, although congenital defects themselves cannot be service connected by law, service connection may be warranted for superimposed disabilities that result from military service.  VA Gen. Coun. Prec. 92-90 (July 18, 1990).

A finding of service connection is a factual determination by the Board that the Court reviews under the “clearly erroneous” standard.  38 U.S.C. § 7261(a)(4); Rose v. West, 11 Vet. App. 169, 171 (1998).  “A factual finding ‘is “clearly erroneous” when . . . the reviewing court . . . is left with the definite and firm conviction that a mistake has been committed.'”  Hersey v. Derwinski, 2 Vet. App. 91, 94 (1992) (quoting United States v. U.S. Gypsum Co., 333 U.S. 364, 395 (1948)).  The Court may not substitute its judgment for the factual determinations of the Board on issues of material fact merely because the Court would have decided those issues differently in the first instance.  Id.

“Medical” and “lay” evidence are discussed later.

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision! Visit: VA-Claims.org

For Cases & Decisions that Could Save Your VA Service-Connected Claims! Visit: VAClaims.org ~ A Non-Profit Non Governmental Agency