Establishing Service Connection in a VA Disability Case

    A veteran seeking VA Disability benefits has to show that her current disability has some sort of nexus or linkage between an event, injury, or disease that occurred during her period of active military service.  There are five ways of showing the connection between the current disability and an event, injury or disease during military service and the VA must consider all theories when adjudicating a claim.  The five different ways are:

  1. Directly.  This would be a showing that the disability arose or was diagnosed during military service or by showing that an incident during service caused the eventual disability. 
  2. Aggravation.  If a veteran’s active military service caused a pre-existing condition to be aggravated, then the condition may be service connected.  If the veteran can show the condition has worsened, then a presumption of aggravation applies and the burden shifts to the VA to prove a lack of aggravation by establishing “that the increase in disability is due to the natural progress of the disease.” 
  3. Statutory Presumption.  There certain conditions or diseases that are statutorily presumed to be service-connected.  For instance, chronic diseases or conditions manifested within a certain period of time of discharge (areteriosclerosis, arthritis, brain hemorrhage, cirrhosis of the liver, diabetes, malignant tumors, certain tropical diseases, etc.).  Also, there are certain diseases presumed for POWs, Persian Gulf Veterans, radiation-exposed veterans, and Agent Orange.
  4. Secondarily.  A veteran may be awarded service connection on a secondary basis by demonstrating that a condition is proximately the result of, or linked to, a service-connected condition.
  5. Caused by VA Medical Treatment or Vocational Rehabilitation.

      If you need more information about a VA Disability claim, Social Security Disability/SSI matter, personal injury matter (car wreck, boating accident, slip and fall, etc.), EEOICPA claim, long or short-term disability, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation.  We can be reached at (865) 584-1211 or (800) 806-4611, through Facebook, or through our website.  Our office handles claims throughout East Tennessee, including Knoxville, ChattanoogaKingsport, Bristol, Johnson City, Morristown, Maryville, Rogersville, Dandridge, Tazewell, New Tazewell, Jefferson City, Strawberry Plains, Sevierville, Gatlinburg, Loudon, Kingston, Halls, Maynardville, Crossville, Cookeville, Jamestown, Sweetwater, Lenoir City, Athens, Oak Ridge, Clinton, LaFollette, Lake City, Jacksboro, Bean Station, Cosby, Newport, White Pine, Mosheim, Wartburg, Sunbright, Pigeon Forge, and Deer Lodge.

 

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About farmerdreiser

Based in Knoxville, Tennessee, The Law Offices of Tony Farmer and John Dreiser provide comprehensive representation to injured victims throughout eastern Tennessee in personal injury, Social Security disability, and workers' compensation cases.
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