Va Disability Compensation Pre Existing Condition

You can sometimes get veterans disability compensation benefits for a pre-existing condition though it can be more difficult than proving that military duty caused a new service-connected injury.

Va disability compensation pre existing condition. However conditions such as asthma certain mental health concerns and joint damage may not necessarily disqualify a recruit from service. Both of these must be true. But this isnt something that can be done lightly. A veteran is entitled to disability compensation if he or she were 1 discharged or released from the military under conditions other than dishonorable 2 their disease or injury was incurred or aggravated in the line of duty and 3 the disease or injury was not the result of the their own willful misconduct or abuse of drugs.

The VA denied his claim saying this condition clearly and unmistakably was a pre-existing condition. Defined as such typically only 24 months compensation is allowed. VA compensation may be available for those who entered military service with a pre-existing condition but the VA must calculate the level of aggravation of the condition due to service. Served on active duty active duty for training or inactive duty training and.

If a presumed condition is diagnosed in a Veteran in a certain group they can be awarded disability compensation. However this may not be accurate if the bipolar disorder is a biologically based illness. You may be eligible for VA disability benefits or compensation if you have a current illness or injury known as a condition that affects your body or mind and you meet at least one of the requirements listed below. There are two ways to verify your pre-existing condition starting with your entrance exam.

Workers Compensation Law Regarding Pre-existing Conditions in Virginia If you prove that you suffered a compensable injury by accident arising out of and in the course of your employment and that this injury worsened your preexisting condition then you may be entitled to workers compensation benefits in Virginia. If the VA used your pre-existing condition as a reason to deny disability benefits contact us for a free consultation. VA disability compensation pay offers a monthly tax-free payment to Veterans who got sick or injured while serving in the military and to Veterans whose service made an existing condition worse. You may qualify for VA disability benefits for physical conditions like a chronic illness or injury and mental health conditions like PTSD that developed before during or after service.

When the presence of a preexisting disability and an increase in that disability are established VA will presume that the increase is due to aggravation by service under the following conditions. Direct service-connected claims require that the veteran or the survivor on behalf of the veteran must provide evidence that a particular injury exposure or disease resulting in a current disability or disease was incurred while serving in the Armed Forces OR if that condition was pre-existing to entry in the service it was aggravated through service. Sometimes a veterans condition is preexisting and as long as it was not aggravated by the veterans time in service the VA is well within the letter of the law to deny that claim. The veteran shows usually through medical evidence or expert opinions that his or her preexisting condition worsened during service.

If they do premiums are through the roof. If your pre-existing condition isnt mentioned in the entrance medical exam you will need to submit medical evidence of a pre-service diagnosis and treatment. When a persons pre-existing conditions become worse as a result of active duty service they may be eligible for disability compensation benefits offered by the Department of Veterans Affairs VA. If you are diagnosed with a chronic disease within one year of active duty release you should apply for disability compensation.

However the law is written in favor of granting the benefits and denying for preexisting conditions is not an easy case for the VA to make. Also there must be proof of an incident or event in service that made the disability worse. No pre-existing conditions which means that the bilateral knee condition for which the veteran was medically discharged was incurred in service. While some pre-existing conditions preclude you from military service many more do not.

That level is what determines the VA percentage. Showing a pre-existing condition Before receiving VA benefits for a pre-existing disability you must prove that you had the condition before you entered the service. What are Presumptive Conditions. Many disability insurance policies contain language that classifies mental impairments such as bipolar disorder as a mental nervous condition.

Secondary Service Connection for Preexisting Conditions If your pre-existing condition results in a secondary injury that secondary injury can also be claimed for disability benefits. The VA is perfectly within its rights to deny service connection if a disease or disability actually did exist prior to entry into the military sometimes this is noted in the file as EPTEexisting prior to entrance and was not worsened by the veterans service.