Did you know that there are four ways to establish Service Connection for your VA disability claim?

2015-09-25T16:48:59-04:00

There are a number of ways veterans can get Veterans Affairs (VA) service-connected disability compensation: 1.) Presumptive, 2.) Secondary, 3.) Aggravation and 4.) Direct. Let’s take a look at the distinction between the four types of service-connected disabilities as defined by the VA.

Presumptive: Service-connection is given for disabilities that were not diagnosed on active duty, but are “presumed” to have begun in service. For certain select disabilities, if they manifest to a compensable degree (warrants at least a 10 percent rating) within one year of leaving active duty, a veteran can still get service-connection for them. The one-year presumptive conditions include hypertension, arthritis and diabetes, among several others, all listed in Code of Federal Regulations (CFR) 38, 3.309. There are also a few disabilities with longer presumptive periods, such as multiple sclerosis, which is seven years.

There are also presumptive disabilities that will be granted if a veteran gets them anytime in his life, such as those exposed to herbicides in Vietnam (and in some cases, Thailand, Laos or Korea), as well as for radiation-exposed veterans, tropical diseases, diseases specific to former POWs and Gulf War illnesses, with various criteria needing to be met in order to be granted service-connection. Any veteran of any service period who gets amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease, will also be granted service-connected disability for this condition.

Secondary: When a veteran’s service-connected disability causes a separate disability at any time in his lifetime, he/she can claim the new condition as secondary to the service-connected disability. For example, if a veteran is service-connected for lumbar spine degenerative disc disease and then develops radiculopathy (pain, numbness and/or tingling in one or both lower extremities from the lumbar disks pressing on a nerve), he/she can claim this new disability by stating it is secondary to the service-connected lumbar spine and providing medical evidence that he has been diagnosed/treated for the new, chronic condition.

Aggravation: If a veteran enters service with a documented, chronic disability such as flat feet or hearing loss, he/she can still get service-connected for the disability, but only if the condition was “aggravated” while in military service, meaning it got measurably worse during active duty, unless the worsening is a “natural” progression of the condition.

Direct: Service-connection is granted on a direct basis for a disease or disability that was first diagnosed as a chronic condition on active duty that the veteran will continue to have throughout his/her lifetime. The condition must be chronic and not “acute or transitory,” such as a one-time sprained ankle that heals with no residual problems. Generally, there must be evidence in military service medical records of a diagnosis. Notes of only pain or other symptoms are not the same as an official diagnosis supported by such things as medical evaluations, scans or X-rays, as determined by a medical professional. It’s never too late to file a claim for direct service-connection, as long as the service medical records show the diagnosis and the veteran provides current medical evidence that he/she still has, or is being treated for, the same condition.

For the purpose of the VA, disability compensation is granted only for conditions that arise during active duty. If someone serves only in the National Guard or Reserves and never has a period of being called to active duty, the only disabilities he/she can claim would be injuries that occurred during weekend drills or annual training. To claim such an injury, one must provide a Line of Duty report of the injury, along with a diagnosis of the chronic disability, and medical records from military medical professionals.

Response by SSgt Private RallyPoint Member made Sep 25 at 2015 4:56 PM

2015-09-25T16:56:38-04:00

Good info, SGT Mark Stevens. I know many pose questions on here regarding disability & how to apply or if they are current.

SFC Mark Merino, can the brother get a medal?

Response by 1stSgt Private RallyPoint Member made Sep 25 at 2015 4:56 PM

2015-09-25T16:56:56-04:00

Great info. was a good refresher.

Response by SSgt Alex Robinson made Sep 25 at 2015 4:57 PM

2015-09-25T16:57:40-04:00

Thanks for sharing

Response by SGM Frederic Smith made Apr 19 at 2016 11:47 PM

2016-04-19T23:47:48-04:00

Thanks!

Response by SPC Debbie Tremaglio made Apr 29 at 2018 5:31 PM

2018-04-29T17:31:05-04:00

I want to help get my veteran husband a service-connection because he was injured At a VA hospital. He had a hemorrhagic stroke, in Jul, 2017 finally was admitted to VA for rehab. Obtained a hematoma (head injury) Oct, 2017 that needed brain surgery. He was taken off Physical therapy because of the second brain injury. At present he is on a waiting list for VA Home in Sandusky. Ohio. Run by the state of Ohiio. That is one and one half hour drive for me to see him. I want to put him into a VA home that is closer to my home. I don't care about monthly award but I do care about trying to get him service-connected so he can go into the closer home. I know all about the tort claims and such but isn't there something simpler just to get service-connected? I cry over my dilemma, I cannot care for him myself, I do not qualify for Aid & Attendance. My income is just over the amount they say you have to be bringing in.

Response by SPC Virginia Morgan made Aug 22 at 2018 9:42 AM

2018-08-22T09:42:09-04:00

Thank You. What would you advise me to do... I served from March 24, 1998 until I was medically discharged in April 23, 2000. I am 39 years old, Female. I was Honorable Discharged with a 10% rating. I was diagnosed with lower back pain strain, with right hip pain and stress reaction femoral neck pain. I was seen by a rheumatologist and they diagnosed me with fibromyalgia, however, I was never notified of it so I could submit it to the claims board. Then. I was diagnosed with Relapsing-remitting MS (RRMS) and the VA did away with the fibromyalgia finding because it is similar to MS. I feel like the VA is treating me unfairly. People tell me I should be more than 10% because I am totally disabled and unable to work. I need to get one of the shirts that says "I'm not drunk, I have M.S.", F.Y.I. I don't do drugs or drink.
I am just struggling being a single mother, and living on a 1600 a month budget, my family helps out a lot.
Virginia Morgan

Response by SPC Virginia Morgan made Aug 24 at 2018 1:41 PM

2018-08-24T13:41:03-04:00

What if you are given 10% disability in 2000 for lower back pain strain, with right hip pain and stress reaction femoral neck pain. Then in 2015 after your feet go numb from the knees down and get a MRI of your head and spine with and with out dye, MS lesions show up that are active and scars.

Response by CPL Tony LoCoco made Apr 30 at 2020 7:11 PM

2020-04-30T19:11:34-04:00

Is there any reason a person should file additional claims for other service connection problems when you’ve already been found 100%TDUI for other?