Generally, VA pays you VA disability benefits for conditions caused by your military service. A straightforward example is a back injury while moving a box of ammunition.
Many veterans also receive benefits for secondary disabilities. Secondary disabilities are not caused directly by military service. Instead, they often develop as a result of a service-connected disability.
A common question I encounter is whether a veteran can receive benefits for a secondary disability when that secondary disability preexisted the veteran’s military service.
What is a pre-existing disability?
Preexisting condition have been discussed a lot with With nationwide discussion of Preexisting disabilities are disabilities which existed before you entered military service. Maybe you already had back problems. Maybe you had a preexisting knee condition.
VA is normally not responsible for these preexisting disabilities because they were not caused by your military service. But, they can come into play when they are aggravated by your military service or when they are aggravated by a disability caused by your service.
How can a pre-existing condition possibly qualify as a secondary disability?
Normally, we think of a secondary disability as something that happens after the first service-connected disability. Take this example:
A veteran injures his back in the military
As a result of the injured back, the veteran walks with a limp and develops knee problems
The back injury is a service-connected disability. The knee injury which develops as a result of the back injury is a secondary disability.
Because it normally happens in this order, some people think that a pre-existing disability could not qualify as a secondary disability. After all, the disability was already there so how can it be secondary to a disability that developed afterward?
Normally, the secondary disability develops afterward. But, veterans need to look for all possible disabilities for which they are eligible, especially with secondary disabilities. When you are considering that, it’s very important that you also consider pre-existing disabilities as possibly being service-connected.
How do you prove a pre-existing disability is a secondary disability?
By definition, a pre-existing disability is one that existed prior to military service. If something existed prior to military service, how in the world can you get it service-connected? It makes no sense unless you consider the concept of aggravation. Aggravation basically means that military service made a pre-existing condition worse.
Aggravation can apply when you have a pre-existing condition that is made worse by service directly. However, it can also apply when a service-connected condition “aggravates” a pre-existing condition. If you have a pre-existing disability and then a service-connected disability makes that disability worse, then you’re eligible for service connection on a secondary basis as a result of that aggravation.
Here is an example of how a pre-existing disability might qualify as a secondary disability using the concept of aggravation.
A veteran has a knee injury that preexisted military service that would probably be rated at a 10% level.
As a result of military service, the veteran develops a disability to the other knee and again
The service-connected knee condition causes the veteran to bear weight on the pre-existing knee more so that the veteran “aggravates” that pre-existing knee disability to symptoms that would qualify for a 30% rating.
That increase from 10 to 30 is the aggravation. This is one way you can get service connection for a pre-existing disability.
What if VA denies my claim for secondary disability?
Don’t let the VA tell you that you cannot get secondary disability benefits for a pre-existing disability because they are wrong. If they tell you that, you will need to file an appeal.
You will have to prove to VA that there is a connection between your service-connected disability or disabilities and your secondary disability. With a pre-existing disability, you will have to prove “aggravation”. Sometimes, you may be able to take advantage of secondary disability presumptions that VA has put into place for certain service-connected disabilities.
If you need help with that, we’ll be glad to look at your claim for you. The best way to do that is normally through a free consultation.
Just reach out to us and we can schedule a free consultation about your claim. If you would like to learn more about how a free consultation works, just read this short article that explains the process. If you want to set up a consultation, just complete the free consultation form or call us at (770) 214-8885.
Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. He regularly writes about issues that are important to veterans and their families.
You can subscribe to his Veterans Disability channel on YouTube.
Jessica, Travis, and his team are nothing short of angels. I was not making progress, so I spent 6 months researching law firms. I'm beyond grateful that they took the time to help me and I'm confident that no other firm could have gotten the same results.
The process was the most difficult and mentally defeating experience of my life, but they took 100% of the bourdon off of my shoulders. They communicated every step of the long and overly complicated process. I'm forever indebted to these people and I will never forget them. Every Christmas I pause to think about my guys who didn't make it home, and I'll keep this team in my thoughts during those hard times.
I know it's difficult, but there are people like Travis and his team out there willing and able to help. To the warriors, keep your head up and stay in the fight.Michael
I can’t say enough wonderful things about Travis, and Jessica at Perkins Studdard! They went above and beyond for me and did everything they could to help. Their kindness, professionalism, patience, and genuine care truly meant a lot to me. I’m incredibly grateful for everything they did and the way they treated me. I highly recommend Travis and Jessica at Perkins Studdard to anyone looking for people who genuinely care about their customers. Thank you both for everything!Joe Tarno
They got me over $100,000 in back pay. Got me to 100% P&T.James Powell
I initially started my workers’ compensation case with another attorney. Although he was a good attorney, I eventually realized that I needed a different level of communication and support throughout my case. After searching online, I came across Jason Perkins and decided to give him a try. I can truly say that I have not regretted that decision.
One of the things I appreciated most about Jason and his team was how responsive and communicative they were. Having an attorney who kept me informed was extremely important to me. I never felt like I had to constantly call and ask what was happening with my case or where things stood. Whenever there was movement or an important update, Jason and his team made sure I knew about it. I always felt informed and included throughout the process.
Jason was also straightforward with me and consistently gave me what he believed was the best advice for my situation. My case was a lengthy process, but having an attorney I trusted and knowing that my case was being handled properly made that process much easier to get through. I never felt like I was just another case or that I was being left in the dark.
Looking back, I am very glad that I made the decision to switch attorneys and work with Jason Perkins. He and his team gave me the communication, guidance, and reassurance I needed throughout a very long process. I would absolutely recommend Jason to anyone looking for a workers’ compensation attorney who will communicate with you, keep you informed, and genuinely work to get the best possible outcome for your case.Christina Barrett
Jason did a great job very fast and efficient got me a bankroll in less than 30 days i highly recommendReality Rap
OMG, I wish I could articulate how Fantastic (5 stars) my experiences have been having Travis Studdard represent me over the years. He is amazing at what he does and he has done so much for me I can never thank him enough. Jessica is also Fantastic and always responds expeditiously.
I highly recommend Perkins Studdard LLC to represent you!!
Thank you for all your fantastic work representing me, I sincerely, appreciate it!!keith morrow
Jessica and Travis listened and worked very hard getting us a really great disability payment. Thank you so much for listening and every month we appreciate your time and energy. Thanks againJeannie Brown
Working with Jason was an absolute pleasure if I had any questions or concerns they were right there with the right answers I would recommend Perkins and Studdard to anyoneRickey
I recently needed a lawyer for a Workers Compensation Inj. The Dr. I saw ordered back surgery. The company declined to approve the surgery. So i went to the Law firm of Perkins & Studdard, as they were highly recommended…Mr. Studdard is a Veterans Affairs Lawyer. Mr. Perkins & his staff handled my case… every person in the firm were nice, helpful, and showed empathy for my situation. Mr. Perkins is very thorough & at the same time worked diligently for me. He got me compensated fairly. If not for this Law firm im not sure what i would’ve done. Thankfully they lowered my stress and communicated regularly.
If you need help with an injury etc… Perkins & Studdard is who I highly recommend!!!tim copley
After my VA claim was denied, I felt defeated, depressed, and overwhelmed. I spent a lot of time researching different agencies, only to find that many of them made promises they couldn't back up and were not properly accredited.
I decided to give Perkins Studdard LLC a chance because they were accredited, and it turned out to be one of the best decisions I've ever made. From the very beginning, Jessica, Travis, and the entire team were professional, knowledgeable, and genuinely committed to helping me navigate the VA claims and appeals process.
Their guidance, communication, and dedication made a difficult process much easier to manage. Thanks to their hard work and expertise, I finally received the benefits I had been fighting for.
I highly recommend Perkins Studdard LLC to any veteran seeking assistance with a VA claim or appeal. Don't waste your time elsewhere—this team truly cares and delivers outstanding service.nelson figueroa
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
