If a veteran had a medical condition before starting their military service, they can only receive VA disability compensation for that condition if it was aggravated during service. However, whether a condition pre-existed service and whether a condition was aggravated by service are rarely simple determinations. Luckily, when evidence indicates that the disability for which a veteran is seeking VA benefits was present prior to service, presumptions may apply that make it easier to prove the claim. Depending on a number of factors, including the type of service, whether the condition was “noted” on the veteran’s entrance examination report, and whether the condition worsened during service, the presumption of soundness or the presumption of aggravation may apply. Unfortunately, the VA often errs by failing to apply these presumptions or incorrectly finding that they have been rebutted. Veterans service officers should have a clear understanding of these presumptions so that they can properly address them in their arguments in support veterans’ claims and know when to seek review of decisions in which the VA fails to apply or misapplies the presumptions.

This 90-minute webinar will cover the following and more:

• The four elements of the presumption of soundness
• The impact of a lost or destroyed entrance examination report on the presumption of soundness
• What it means for a disability to be “noted” on an examination report
• The presumption of aggravation and when it applies
• What is needed to show that a pre-existing disability permanently increased in severity during service
• When the VA can find that the presumption of soundness and aggravation have been rebutted