Can I get veterans' disability for a pre-existing condition?

To receive veteran's disability benefits, a veteran must show that he or she suffers an illness or disability and that the condition resulted from military service. This requirement is called establishing service connection. Generally a military service veteran may not receive disability benefits for a pre-existing condition. However, if the condition is exacerbated or aggravated by the veteran's military service, then the veteran may receive benefits.

Type of Service Connection

There are five ways a veteran can show a service connection to an illness:

1. Direct-Service Connection. In a direct service connection, there is indisputable evidence of a disability, proof of an incident that occurred during the veteran's military service, and clear evidence that links the two.
2. Pre-Existing Injury aggravated by Military Service. Under this service connection, the veteran had a pre-existing condition before his or her military service, and the condition was in some way aggravated or exacerbated by an event that occurred in military service.
3. Service Connection by legal presumption. The military has a list of conditions that are legally presumed to be connected to military service. In this case, the veteran does not have to prove that his or her present medical condition is related to their military service because the law presumes that there is a connection. The most known instance of a legal presumption connection is that of veterans exposed to Agent Orange. However, most of these conditions must have manifested to a degree of 10 percent or more within one year from the date of military separation.
4. Secondary Service Connection. This type of service connection occurs when a direct-service connected disability causes a subsequent disability. Although the second disability is not directly related to the veteran's military service, it would not have occurred but for the first disability that was caused by military service.
5. Service Connection due to injury caused by treatment in the VA Healthcare System. Section 38 of the U.S.C. 1151 provides that if a veteran is injured because of VA hospitalization, treatment, rehab or therapy through no fault of the veteran, the injury is will be treated as service-connected.

If you are a veteran seeking veteran's disability for a pre-existing condition, talk with a Veterans Disability Compensation attorney to help you with your case.