The Presumption of Soundness and the Presumption of Aggravation (Attorney)

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Description

The VA denies many veterans service-connected disability benefits because it finds that the disability existed before the veteran entered the military and was not made worse by service. There are special rules, however, that apply in these cases and can make it easier for veterans to prove their claims. Certain rules apply when the examiner did not discover the disability during the veteran’s military entrance examination, but other evidence indicates that the disability pre-existed service. Other rules apply when the disability was “noted” on the veteran’s entrance examination report, but got worse during service. Unfortunately, the VA often misapplies these favorable rules, known as the “presumption of soundness” and the “presumption of aggravation.”

How can you make sure that the VA is correctly deciding a claim when the disability existed before the veteran entered the military or at least the VA thinks it did? By taking this webinar, you will learn how the presumption of soundness and the presumption of aggravation can aid your veterans by making it harder for the VA to deny certain claims. You will also learn how to identify when the VA fails to properly apply these helpful rules.

By the end of this webinar, you should understand:
• The four elements of the presumption of soundness and whether the veteran or the VA has must prove these elements
• 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 entrance examination report
• The presumption of aggravation and when it applies
• What is needed to show that a pre-existing disability increased in severity during service
• When the VA can overcome the presumption of soundness and the presumption of aggravation to deny a claim
• How the VA must assign disability ratings in different situations in which the presumption of soundness or the presumption of aggravation apply

Presenter: Alexis Ivory

Length: 93 minutes

Recorded: December 2019

Approved for 1.5 CLE credits by the Virginia State Bar

$125.00

Webinar Description:

The VA denies many veterans service-connected disability benefits because it finds that the disability existed before the veteran entered the military and was not made worse by service. There are special rules, however, that apply in these cases and can make it easier for veterans to prove their claims. Certain rules apply when the examiner did not discover the disability during the veteran’s military entrance examination, but other evidence indicates that the disability pre-existed service. Other rules apply when the disability was “noted” on the veteran’s entrance examination report, but got worse during service. Unfortunately, the VA often misapplies these favorable rules, known as the “presumption of soundness” and the “presumption of aggravation.”

How can you make sure that the VA is correctly deciding a claim when the disability existed before the veteran entered the military or at least the VA thinks it did? By taking this webinar, you will learn how the presumption of soundness and the presumption of aggravation can aid your veterans by making it harder for the VA to deny certain claims. You will also learn how to identify when the VA fails to properly apply these helpful rules.

By the end of this webinar, you should understand:
• The four elements of the presumption of soundness and whether the veteran or the VA has must prove these elements
• 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 entrance examination report
• The presumption of aggravation and when it applies
• What is needed to show that a pre-existing disability increased in severity during service
• When the VA can overcome the presumption of soundness and the presumption of aggravation to deny a claim
• How the VA must assign disability ratings in different situations in which the presumption of soundness or the presumption of aggravation apply