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What Is Considered A Service Connected Disability

Topics:

Weather Diagnosed While in the Military
Weather Aggravated by Military Service
Conditions Caused by Service-Connected Conditions ("Secondary")
Weather Caused by Exposure
Conditions on the VA Presumptive List
Service-Connection After 8 Years of Active Duty Service (DoD Just)
Service-Connection for Reservists
Veterans must show that their conditions meet the requirements for service-connection.

Service-connection means that a veteran'due south medical status was directly caused past military service, occurred while in the war machine (merely not necessarily on duty, i.e. a motorcar accident at night), was aggravated past armed forces service, or was caused by conditions that are themselves service-connected.

Both the VA and the DoD volition but give Military Disability Ratings for conditions that are service-connected.

All exceptions to Service-Connection can be found on our Weather That Are Not Ratable page, and tin can include genetic or hereditary conditions, or conditions that existed prior to service (EPTS).

For a condition to be considered service-connected, its connection to service MUST be clearly documented in an official record, like a medical record, while the service member is still in the war machine (except, of course, Conditions Caused by Service-Connected Weather condition), or it will not be eligible to receive War machine Disability.

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Weather Diagnosed While in the Armed services

The goal of War machine Inability is to recoup all veterans for whatsoever conditions that they incurred because of war machine service. The laws in identify define these conditions as ones incurred in combat, on duty, and in training.

This is expanded further, however, to include every status that is diagnosed during an Agile Duty service member'south time in the military, fifty-fifty if it occurs when off duty.

So if Beth breaks her ankle during training, strains her dorsum while playing basketball with her friends on the weekend, or is diagnosed with cancer, all while she is an active duty military member, each of these conditions volition be considered service-connected.

The exceptions to this are all weather condition on our Conditions That Are Not Ratable folio.

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Conditions Aggravated past Armed services Service

Service-aggravation applies to conditions that were non initially caused by military service, merely were significantly worsened directly by service or by another condition that is service-connected.

Conditions that existed prior to service (EPTS) are not considered service-connected since they happened when the service member had no connection to the armed services at all and thus are not the military's fault. If, nonetheless, an EPTS condition is worsened by armed services service, information technology is considered service-aggravated.

Similarly, genetic and hereditary conditions are weather condition that will develop in a person's life no matter what. Some develop earlier service and are thus considered EPTS. Others may develop later on in life. If a genetic condition develops while a service member is in the armed forces, then it is automatically considered service-aggravated unless information technology tin exist clearly proven that the condition would have developed at the same time and to the same degree whether or not the service member was in the military. If this can be proven, then it is not considered service-aggravated.

All EPTS, genetic, and hereditary conditions are considered fully service-connected if the service fellow member is on active duty for 8 years or more than (DoD merely).

To determine if a condition was truly aggravated by military service, the seriousness and timing of the condition is compared to the medically-accepted normal progression of the status. If the condition is clearly worse or occurred earlier than the norm, it is service-aggravated.

Example: If Juan has a genetic disease that usually starts manifesting at age 30, then it would just be considered service-aggravated if information technology manifested before age 30. So if his disease manifests at age 25, that's before than the standard historic period, and and so the condition is definitely considered service-aggravated.

Any status not related to armed services service can also exist considered service-aggravated if it is conspicuously made worse by a service-continued status.

Example: Tina is a Reservist who injured her knee in the line of duty and developed service-connected knee instability. Afterward, she is in an blow while off-duty and breaks her ankle. Without the knee instability, the ankle would have been able to heal completely, however, every time her human knee gives out, her ankle is re-injured and unable to properly heal. She eventually develops arthritis in her talocrural joint acquired past the combination of the knee instability and the ankle injury. Considering it was unable to heal due to her service-connected condition, her ankle would exist considered service-aggravated.

Rating Service-Aggravated Conditions

Service-aggravated conditions are not necessarily given the full rating and compensation that would usually be given to the same status if it were not an EPTS or genetic condition. Instead, it will be compensated for how much it was changed by military service or by the service-continued status.

For an EPTS status, the Rating Authorities volition review the medical records of the condition at the time the service fellow member entered the armed forces. They will and so utilise the laws of the VASRD to decide what rating the status would have received at that time if it had been rated. They will so look at the current condition and decide what rating it would be given as is. The first rating is so subtracted from the current rating to find a rating that reflects how much the EPTS condition worsened over the course of military service. This rating is then the official rating assigned for the EPTS condition.

For example, if when Carla first entered the military she could not elevator her ascendant arm above shoulder superlative (a condition that would rate 20%, and something that wouldn't happen—they would never accept her in the military with such a severe EPTS condition—merely only go with it), and currently she couldn't lift information technology more than 25° from her side (a rating of 40%), and then the final military disability rating for her arm would but exist 20% (40% minus the original 20%).

For a genetic status, the same principle is applied, merely instead of using the severity of the condition at the time the service member entered the military, the severity that the condition would have been if it had progressed unremarkably is used.

Adjusting the same example: If a genetic condition would unremarkably cause a person at this signal to non be able to heighten their dominant arm above shoulder height (a 20% rating), simply Carla actually tin can't raise her arm more than than 25° from her side (a twoscore% rating), and then the terminal armed services disability rating for her genetic status would be twenty% (40% minus 20%).

EXCEPTIONS:

– This subtraction would not happen for either an EPTS or genetic condition, nevertheless, if the service member's Total Combined Military Disability Rating is 100%, if it is not clear how severe the EPTS condition was upon entering the military, or if the genetic condition began early (in that location wouldn't be a comparable severity). In these cases, they would simply receive the total current rating.

– If at that place are two paired organs (two kidneys, ii eyes, two ears, etc.), and one has an EPTS or genetic condition, and the other develops a regular status while in the armed services, then both volition exist rated without subtracting the percentage. So if one middle has been blind since the age of ten, and the other loses sight while on agile duty, then both optics will receive full ratings.

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Atmospheric condition Caused by Service-Connected Weather condition ("Secondary")

Sometimes a service-connected condition can cause boosted conditions to appear in the future. Whatsoever condition caused by a service-connected condition is considered service-connected by default.

Since the DoD simply gives disability for atmospheric condition at the time the service fellow member leaves the war machine, these secondary weather will non actually be an issue for DoD Disability.

The VA, however, rates conditions over time, so if a secondary condition develops later on in life, the VA will consider information technology service-continued and will provide VA Disability Benefits for it. You can simply submit a new VA Inability Claim for that status.

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Conditions Caused by Exposure

As a part of their military duties, service members are often exposed to chemicals, radiation, or other substances that can negatively affect their health over time. If a condition develops after a service member leaves the military machine that is known to be caused by a substance that they were exposed to while in the military, and so that status is service-connected.

The service fellow member must, however, prove that they were indeed exposed to the substance. If exposure occurs, service members can get documents detailing exactly what they were exposed to, how much, and for how long.

If you lot are unable to go a document detailing your exposure, your status will merely be considered service-connected if it is on the VA Presumptive Listing, similar atmospheric condition caused by exposure to Agent Orangish or radiation, or if your MOS was one that is known to regularly bargain with the substance you were exposed to.

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Conditions on the VA Presumptive List

Over time, the VA noticed trends in the medical weather condition that veterans adult afterward serving in sure circumstances at sure times. Although there is no definitive medical proof that these conditions were caused by the circumstances of service, there was enough evidence to convince the VA that it was not coincidental.

Considering of this, the VA compiled their VA Presumptive List. This list basically says that if a service member served in this identify at this time and developed this condition, then it must take been caused by that service and is thus service-continued and eligible for VA Disability.

The VA Presumptive List includes exposure to Agent Orange for Vietnam and Korean vets, exposure to radiation, weather in prisoners of state of war, conditions in Gulf War veterans, and more.

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Service-Connexion After 8 Years of Agile Duty Service (DoD Only)

EPTS and genetic conditions are normally non eligible for DoD Disability or VA Disability unless they are service-aggravated. If a service member served in the military machine on agile duty for 8 years or more, nonetheless, then their EPTS or genetic conditions are automatically considered service-aggravated, and thus eligible forDoD disability, unless it can be proven otherwise.

It must, however, besides brand the service member Unfit for Duty since the DoD will only charge per unit conditions that are unfitting.

Basically, if the service member served 8 years or more and the status has worsened until it now makes them unfit, so the EPTS or genetic condition is considered service-aggravated and ratable. It's a chip of a gift for giving and so much of their life to the service.

While this rule does not direct apply to the VA, the VA usually considers EPTS conditions that have progressed enough to brand a service member unfit every bit service-aggravated and and then will usually rate these weather every bit well.

This 8-twelvemonth service-connection rule does non include the other weather noted on our Conditions That Are Not Ratable page.

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Service-Connection for Reservists

For a condition to exist service-connected for Reservists, it must have occurred directly in theline of duty. This means that it must take occurred while on agile duty or during active duty training, and includes conditions that were service-aggravated by these activities.

This doesn't include conditions that occurred while off duty or diseases that aren't directly caused or aggravated by military service. For example, atmospheric condition that take months or years to develop, like diabetes, that but could not accept done so between the start of agile duty and diagnosis would not qualify equally service-continued.

The only conditions that tin be considered service-continued that occurred during inactive duty training are injuries, middle attacks, and strokes.

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FAQs

What is Service-Connectedness?

Service-connectedness means that a veteran'southward medical status was straight caused by their war machine service. Both the VA and the DoD only give disability benefits for service-connected conditions.

Do my atmospheric condition qualify for service-connection?

There are multiple ways for atmospheric condition to qualify for service-connection. The simplest way is to have clear proof of their diagnosis and handling in your service treatment records. You tin likewise show proof that they are aggravated by service, secondary to another service-continued condition, acquired by exposure during active duty, or on the VA's Presumptive List.

Why does service-connexion matter?

By police, the military inability system is prepare up to compensate veterans for any weather condition that are the result of their military service. This is to ensure that our veterans are properly cared for in return for their service to our country. Proving service-connection is necessary, nevertheless, to avoid claims for weather condition that had nix at all to exercise with armed forces service.

Why exercise I take to prove service-connection?

Both the VA and the DoD can only recoup veterans for conditions acquired by their military service. Veterans are required to provide proof of service-connexion in order to ensure that our taxpayer coin is correctly going to help those with weather resulting from their military service.

How do I testify service-connection?

To bear witness service-connection, submit all documentation y'all take that shows that your conditions meet the requirements for 1 of the categories of service-connection or one of the categories on the Presumptive Listing.

I am a Reservist. How do I testify service-connectedness?

Reservists have to prove that the condition occurred not only during their military service, but likewise direct in the Line of Duty. This means that the condition occurred while on agile duty or during active duty grooming.

Tin can atmospheric condition that existed prior to service be service-connected?

Atmospheric condition that existed prior to service (EPTS) can merely be considered service-aggravated. They can still authorize for compensation, but yous'll have to show that they developed faster considering of armed forces factors than they would have in a civilian occupation.

How do I prove service-connection from secondary conditions?

The VA will provide disability benefits for any condition acquired past another service-connected condition, even if information technology develops years afterwards discharge. To support a claim for a secondary condition, you need to provide evidence that the new condition is clearly the event of the service-connection status. A NEXUS letter from you physician volition greatly strengthen claims for secondary weather.

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What Is Considered A Service Connected Disability,

Source: https://militarydisabilitymadeeasy.com/service-connection.html

Posted by: monsonfrawing69.blogspot.com

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