Sign up to get update news about us
Service connection is required in order to grant a veteran disability compensation for their condition(s). Service connection is awarded when a veteran’s condition is shown through evidence to be a result of or aggravation from the veteran’s military service. For service connection, a veteran must show that 1) they have a disability and 2) an injury or incident occurred during their service in the military that 3) caused or worsened the disability.
The U.S. Department of Veterans Affairs (VA) recognize Veteran qualification for VA disability compensation when the condition(s) is “an illness or injury that was caused by– or got worse because of– [the veteran’s] active military service.” The veteran is required to prove they have a diagnosable condition, generally evidenced through medical treatment records.
There are three types of disability claims:
1. In-service disability claim: the veteran’s condition(s) is linked to an illness or injury that
occurred while serving in the military
2. Pre-service disability claim: the veteran’s service in the military worsened an illness or
injury that initially developed prior to service.
3. Post-service disability claim: symptoms of the veteran’s condition(s) did not occur until
after military service.
In order for a veteran’s disability to be service connected, the disability must have incurred or been worsened during the veteran’s service. The VA recognizes events, injuries, or illnesses as sufficient causes of veteran disabilities.
There are two exceptions to proving an in-service event:
The VA assumes that certain medical conditions in certain veteran populations were caused by military service. For this reason, a veteran may be eligible to receive VA disability benefits for what is called a “presumptive condition.”
The PACT Act was signed into law on August 10, 2022 to expand VA benefits for veterans exposed to burn pits, Agent Orange, and other toxic exposures. The PACT Act added additional conditions presumed by the VA to be caused by the veteran’s military service. This is the largest expansion of benefits in VA history, adding more than twenty conditions to the presumptive list.
The following list is composed of common presumptive conditions, but it is not exhaustive:
1. When a condition arises within one year of discharge from military service, the VA will assume the condition was caused by the military service.
2. When a condition is caused by the veteran’s experience as a prisoner of war, the VA may assume the condition was caused by the military service. For more information on qualifying conditions and requirements for obtaining disability compensation related to time as a POW please visit the VA website.
3. When a condition is the result of exposure to hazardous materials the veteran encountered during duty, the VA may assume the condition was caused by their military service.
For more information regarding presumptive conditions, check out the following articles by the VA Disability Group:
In order for a veteran’s disability to be service connected, the veteran’s disability must be caused by or worsened from an injury or incident that occurred during the veteran’s service in the military. There are several ways to establish a nexus between the veteran’s condition(s) and their military service:
The VA follows the standard commonly referred to as the “as likely as not” standard. This standard requires that the veteran’s records reflect that the claimed disability was as likely as not caused or worsened by the veteran’s military service. So, the threshold the veteran’s records must prove is that the disability is at least 50% likely to have been caused by or worsened from the veteran’s military service.
Under 38 C.F.R. § 4.3, the VA is required to interpret the veteran’s case broadly, making reasonable assumptions where the evidence supports such. Therefore, “[w]hen after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant.” 38 C.F.R. § 3.102 further explains, “reasonable doubt is meant one which exists because of an approximate balance of positive and negative evidence which does not satisfactorily prove or disprove the claim.” For example, if the VA determines the disability could have equally arisen during or after the veteran’s military service, the VA should rule in favor of the veteran.
The burden of proof is lessened for veterans who have disabilities caused by combat. The VA accepts evidence outside of official medical records when a disability is caused or worsened during combat. Instead, the VA may find lay evidence as sufficient to prove the nexus of a veteran’s disability and their combat history. For example, the veteran may use personal testimonial, buddy statements, or combat medals/awards to bolster their case.
38 C.F.R. § 3.304 explains lay evidence is probative “if the evidence is consistent with the circumstances, conditions or hardships of such service even though there is no official record of such incurrence or aggravation.”
Veterans of the National Guard or Reserve are eligible for some VA Disability Benefits. The veteran’s length of service, service commitment, and duty status will determine the veteran’s eligibility to receive benefits. Generally, the VA requires the veteran to have served in active duty (or full-time National Guard duty) to be eligible for benefits. Veteran’s of the National Guard or Reserve may be eligible for some VA benefits through service commitment if the veteran did not serve in active duty. In cases of inactive duty, “the disability must have resulted from injury, heart attack, or stroke.”
For more information, find the Summary of VA Benefits for National Guard and Reserve Members and Veterans: HERE