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While no VA disability is truly “automatic,” certain conditions qualify more easily for VA disability benefits due to specific laws and regulations.
These conditions typically fall into four main categories:
- Disabilities diagnosed during military service
- Certain chronic conditions that appear within one year of discharge
- Specific illnesses that arise after one year of discharge
- Conditions recognized under presumptive service connection
In this high-value blog post, VA disability expert Brian Reese explains each category in detail, offering actionable tips and strategies to help you maximize your VA disability benefits.
Let’s begin!
Table of Contents
Summary of Key Points
- VA Disability Claims Are Easier for Certain Categories of Conditions: While no VA claim is “automatic,” specific conditions are more likely to qualify for benefits under laws and regulations that simplify the service connection process.
- Conditions Diagnosed During Service: Disabilities documented in Service Treatment Records (STRs) and supported by current diagnoses are strong candidates for direct service connection, especially when symptom continuity is proven.
- Chronic Conditions and Specific Illnesses: Certain chronic conditions, such as hypertension or arthritis, diagnosed within one year of discharge from the military, or specific illnesses like ALS or tuberculosis that develop more than one year after service, may qualify for benefits under VA guidelines.
- Presumptive VA Conditions: Veterans exposed to hazards like Agent Orange, burn pits, or contaminated water can qualify for benefits without proving a direct “nexus,” thanks to presumptive service connection rules.
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#1. Disabilities Diagnosed in Your Military Medical Records
If a disability is documented in your Service Treatment Records (STRs) from your time in the military, it’s typically easier to establish direct service connection.
- For example, if you were treated for a back injury, hearing loss, knee pain, or a mental health condition during service and the condition persists, this medical evidence strengthens your claim for direct service connection.
- To maximize your chances of success, ensure you have a current diagnosis of the condition, ideally within the last 12 months, along with medical evidence showing continuity of symptomatology—proving the condition has been ongoing since service.
- The VA rates disability conditions for direct service connection under CFR Title 38, Part 4, the Schedule for Rating Disabilities, using over 800 Diagnostic Codes (DCs), with ratings from 0% to 100%, depending on the condition name and its severity of symptoms.
#2. Disabilities That Appear Within 1 Year of Discharge From Active Duty
The VA presumes certain chronic conditions that develop within one year of separation from active duty are related to your military service.
This rule simplifies the process, eliminating the need to prove a direct nexus.
- Common chronic conditions include:
- Hypertension (high blood pressure)
- Arthritis
- Diabetes mellitus
- Peptic ulcers
- To qualify under this category of VA disability, all of these must be true:
- You have an illness or condition that’s at least 10% disabling that appears within 1 year after discharge, and
- The illness or condition is listed in Title 38, Code of Federal Regulation, 3.309(a), and
- You didn’t receive a dishonorable discharge.
- Make sure the condition is diagnosed in your military medical records, VA medical records, or private medical records within 12 months of discharge from active duty.
- The VA rates these chronic conditions under CFR Title 38, Part 4, the Schedule for Rating Disabilities, using multiple Diagnostic Codes (DCs), with ratings from 0% to 100%, depending on the condition name and its severity of symptoms.
#3. Illnesses That Appear After 1 Year of Discharge From Active Duty
You may be eligible for disability compensation for these illnesses, even if they appear more than 1 year after discharge from the military:
- Hansen’s disease (a long-lasting infection that affects your skin, nerves, and mucous membranes) can appear within 3 years after discharge.
- Tuberculosis (an infection that attacks your lungs and sometimes other areas of your body) can appear within 3 years after discharge.
- Multiple sclerosis (a long-lasting illness that can cause numbness, weakness, and many other symptoms) can appear within 7 years after discharge.
- Amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease (a long-lasting illness that affects muscle control), can appear any time after discharge.
- Make sure the condition is diagnosed in your military medical records, VA medical records, or private medical records before filing a VA claim.
- The VA rates these illnesses under CFR Title 38, Part 4, the Schedule for Rating Disabilities, using multiple Diagnostic Codes (DCs), with ratings from 0% to 100%, depending on the condition name and its severity of symptoms.
#4. Disabilities for Presumptive Service Connection
Presumptive service connection applies to conditions the VA assumes are service-connected due to specific exposures or unique circumstances of military service.
- Veterans exposed to specific hazards or circumstances during their service may qualify more easily for VA disability benefits under various presumptive categories, including Prisoners of War (POW), chronic debilitating diseases, tropical diseases, Agent Orange (herbicides), asbestos, radiation, mustard gas or Lewisite, Camp Lejeune water contamination, Gulf War Syndrome, and exposure to burn pits and particulate matter under the PACT Act.
- These conditions do not require proving a direct link to service, as the VA “presumes” they are related based on your qualifying service during a qualifying period. This means it’s easier to qualify for VA disability benefits for presumptive conditions.
- The VA rates presumptive conditions under CFR Title 38, Part 4, the Schedule for Rating Disabilities using numerous Diagnostic Codes (DCs) with ratings from 0% to 100%, depending on the condition name and its severity of symptoms.
- Pro Tip: The PACT Act greatly expanded the list of eligible presumptive conditions. Since its implementation in 2022, over 1 million PACT Act disability claims have been approved at a 74.9% approval rate. The PACT Act includes 23 categories of presumptive conditions, covering over 330 specific medical conditions associated with toxic exposures, such as various cancers and respiratory issues.
What Evidence Do I Need to Support My VA Disability Claim?
For direct service connection, you need to provide the VA with:
- A formal diagnosis of the condition in a medical record.
- A “nexus” for service connection, meaning your disability was caused or made worse by your active-duty military service.
- Documentation of the severity of symptoms, including their frequency, severity, and duration.
For disabilities that appear within one year of discharge, as well as illnesses that arise after one year of discharge, you need to provide the VA with:
- A formal diagnosis of the condition in a medical record.
- Proof that your condition is at least 10% disabling (e.g., medical records showing you take medication for hypertension due to the severity of your symptoms).
For presumptive service connection, you need to provide the VA with:
- A formal diagnosis of the condition in a medical record.
- Your DD 214 showing service in the qualifying location during the qualifying time period for presumption.
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About the Author
Brian Reese
Brian Reese is a world-renowned VA disability benefits expert and the #1 bestselling author of VA Claim Secrets and You Deserve It. Motivated by his own frustration with the VA claim process, Brian founded VA Claims Insider to help disabled veterans secure their VA disability compensation faster, regardless of their past struggles with the VA. Since 2013, he has positively impacted the lives of over 10 million military, veterans, and their families.
A former active-duty Air Force officer, Brian has extensive experience leading diverse teams in challenging international environments, including a combat tour in Afghanistan in 2011 supporting Operation ENDURING FREEDOM.
Brian is a Distinguished Graduate of Management from the United States Air Force Academy and earned his MBA from Oklahoma State University’s Spears School of Business, where he was a National Honor Scholar, ranking in the top 1% of his class.