- 1. Direct service connection
- 2. Presumptive service connection
- 3. Secondary service connection
- 4. Aggravation of a pre-existing condition
- 5. Injuries caused by the VA health care system
How a service-connected VA disability works
VA disability compensation is a monthly, tax-free payment made to veterans who have a current injury or illness due to their time in the service. VA disability also compensates veterans for pre-existing conditions made worse by military service. These types of conditions are considered service-connected disabilities by the VA.
To receive VA disability benefits, a veteran must:
- Be eligible by proving a current injury or illness that service caused or aggravated.
- Have an other than dishonorable character of discharge.
- Apply for benefits.
After applying, a veteran will receive a decision. If the application is granted, the VA will provide a rating for each eligible service-connected condition. Ratings are in increments of 10%, starting at 0% and maxing out at 100%. The more severe a disability is, the higher the rating should be and the higher the compensation.
If you disagree with the VA’s decision about your claim or the rating you are assigned for a condition, you can appeal the decision.
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Types of service connection
There are five ways to connect an injury or illness to your military service.
1. Direct service connection
When an injury or illness’ onset is directly tied to military service, a veteran can receive a direct service connection.
One example of a direct service connection would be if a veteran’s knee was injured during military training and they still have back pain and a limited range of motion in their spine that requires treatment to this day.
To establish a direct connection, it’s critical to provide the VA with documents like medical records that prove the condition is related to service.
VA disability lawyer Cecilia Ton explains the 5 kinds of service connection for va disability benefits
2. Presumptive service connection
A presumptive service connection is granted when the VA presumes that specific disabilities are related to military service where the veteran served in specific locations, at certain times, or under unique conditions.
For example, many health conditions like Parkinson’s and hypertension are presumptively service connected for veterans exposed to Agent Orange during the Vietnam War. This is because research has proven a strong relationship between Agent Orange and certain health conditions and wants to make it easier for those exposed veterans to get compensated.
When a veteran files for disability for a presumptive condition, they do not need to prove the condition was caused by their service as long as they fit the eligibility requirements.
3. Secondary service connection
When a service-connected disability causes or aggravates another disability, it’s called a secondary service connection.
One example of a secondary service connection would be if a veteran is service connected for cancer that developed due to burn pit exposure in service. Due to the cancer’s serious effects on their mind and body, the veteran becomes clinically depressed. Although their depression was not directly caused by an incident in service, because it was caused by a service-connected condition, they are likely owed additional compensation by the VA.
When a veteran files for VA disability for a secondary service connection, they will need proof a service-connected condition caused or aggravated the other condition.
4. Aggravation of a pre-existing condition
Sometimes, you enlist in the military with a condition, but your service makes it worse.
For example, a veteran might have had mild issues with hearing before enlisting. Exposure to loud sounds like gunfire or airplane engines in service made it worse. Now, they may be eligible to receive VA disability for their hearing problems on the basis of aggravation.
To receive VA disability benefits for a pre-existing condition service worsened or aggravated, veterans will need evidence showing how service affected the condition.
Ratings are also awarded differently. “If your condition is service connected on the basis of aggravation, it’s important to know that your condition will be rated a bit differently than usual,” said VA disability lawyer Cecilia Ton. “The VA follows a specific procedure for this. First, they establish a baseline rating by assessing the severity of your condition before it was aggravated. Then, they assign a rating based on the severity of your condition after aggravation. Finally, they compare the two ratings, calculate the difference, and that becomes the assigned rating.”
5. Injuries caused by the VA health care system
The most uncommon service connection, a 1151 claim, may be awarded when the care a veteran received from the VA causes or worsens a condition.
An example might be if a veteran receives a medical procedure through the VA. The procedure doesn’t go as planned, resulting in injury. This injury could be eligible for a 1151 claim that awards compensation like a service connected disability.
Just like with other types of service connections, it’s important to have evidence to support your claim.
“Medical evidence is extremely important in the 1151 cases because the veteran has to show that the disability that they developed was unforeseeable from the type of care that they received at the VA facility,” Cecilia Ton explained.
Proving service connection using evidence
As we have mentioned throughout this article, you must provide evidence to the VA to successfully prove a service connection and receive the benefits you deserve. Compiling evidence can be a process, but it’s vital to consider the types of evidence that will help the VA make the best decision in your case.
Evidence of service connection may include:
- Medical records from your time in service
- Current medical records that show diagnosis, progression, and severity
- A VA disability nexus letter, which is a letter from a medical professional that states the connection between military service and the current medical condition.
- Lay statements, which are statements from people around you, like family and friends, who can support your claim by describing your condition and how it impacts your life.
- Buddy statements, which are like lay statements, but they’re from fellow service members who witnessed your experience or injury and are willing to speak to it.
- Service personnel records that show where and when you served.
While you do not need to prove your condition is service connected in the case of presumptive conditions, you’ll still need to prove you have the condition you’re claiming and that you qualify for the presumptive based on your service.
Overall, it’s helpful to include any documents that can assist the VA in making its decision. Be sure to keep copies of all the documents, in case you need them in the future.
“Woods and Woods’ experience will give you the best chance to get what you deserve.”
T.K.
How Woods and Woods can help
Woods and Woods has been fighting for people with injuries and disabilities since 1985. Our team of accredited VA disability lawyers, case managers, legal analysts, and intake specialists knows the ins and outs of the VA, so you don’t have to do all the hard work. Call us today for your free and confidential case evaluation.
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FREQUENTLY ASKED QUESTIONS
What are the requirements for a VA service connection?A VA service connection requires that you prove that your military service caused an injury or illness or that it worsened an existing one. This requirement means you must have a medical diagnosis, proof of military service, and be able to connect the two. Presumptive service connections do not require a nexus that relates military service to the diagnosed condition.
Do some conditions automatically qualify you for VA disability?Yes, some conditions do automatically qualify you for VA disability benefits. These are called “presumptive conditions.” For example, veterans who served in specific locations during the Vietnam War or those exposed to burn pits may automatically qualify for benefits if they experience certain health issues.
Neil Woods
VA disability attorney
Woods & Woods
Neil Woods is the firm’s owner and president. He received his law degree from Western Michigan University.
