How to Prove “Aggravation” in VA Disability Claims

When pursuing a VA disability claim, veterans often encounter the complex issue of proving that a pre-existing condition was aggravated by their military service. While many veterans may be aware of what it means to seek a service connection for a disability, aggravation claims can be more nuanced and challenging. In this blog post, we will explore what “aggravation” means in the context of VA disability claims, how veterans can prove that a pre-existing condition worsened due to their military service, and the essential evidence needed to support such claims.

What Does “Aggravation” Mean in the Context of VA Disability Claims?

In the context of VA disability claims, aggravation refers to the worsening or intensifying of a pre-existing medical condition during military service. Unlike a standard service connection claim, where a veteran must prove that a disability was incurred or directly caused by their service, aggravation claims focus on showing that an existing condition became more severe or disabling due to the demands of military life.

A key distinction is that service connection refers to a disability that was directly caused or incurred during service, while aggravation involves the exacerbation of a pre-existing condition due to service.

For a successful aggravation claim, veterans need to demonstrate that their condition was made worse beyond the natural progression of the disease or injury during their time in service. This can be a critical step for veterans whose conditions existed before they enlisted but worsened as a result of their military service.

Essential Evidence for Proving Aggravation

Veterans seeking to prove aggravation must present a variety of evidence to support their claims. The VA requires clear and convincing evidence to establish that a pre-existing condition was indeed aggravated by military service. The most essential pieces of evidence include:

1. Service Medical Records: These records are among the most important forms of evidence. They document the veteran’s health status before, during, and after military service. If there is a clear record showing that a condition worsened during service, it can strengthen the claim.
2. Post-Service Medical Records: Medical records from private providers or VA health centers after discharge can provide valuable insight into how the condition progressed over time. These records help show the veteran’s health trajectory post-service and can be compared with service records to establish worsening.
3. Personal Statements: Veterans can provide written or verbal statements describing their symptoms, experiences, and how their condition worsened during their service. Personal accounts can help paint a picture of the veteran’s life during service and afterward.
4. Buddy Statements: These are statements from fellow service members who witnessed or were aware of the veteran’s condition and how it may have worsened during military service.

Demonstrating That a Condition Worsened During Service

Even if a veteran had a pre-existing condition before enlistment, proving that the condition worsened during service can be difficult. The key to demonstrating this is to show objective medical evidence that the veteran’s condition significantly deteriorated due to military duties, combat, training, or other service-related activities. Here’s how veterans can approach this:

• Document Changes in Symptoms: Veterans should track their symptoms and how they evolved during and after service. If a veteran’s condition became more severe during service—whether through increased pain, limited mobility, or other symptoms—they should note these changes and discuss them with a healthcare provider.
• Compare Pre-Service and In-Service Conditions: If there is a noticeable worsening of symptoms or a new diagnosis during service, it can help establish that the pre-existing condition was aggravated. A review of medical history before and after service is crucial.

The Role of Medical Opinions and Nexus Letters

A critical component of proving aggravation is obtaining a medical opinion or nexus letter from a qualified healthcare professional. A nexus letter connects the veteran’s current condition to their service and provides an expert opinion on whether the condition was aggravated by military service.

For an aggravation claim, a nexus letter should state the following:

• The pre-existing condition was aggravated during service.
• The medical expert should explain the scientific or medical reasoning behind why service activities, stress, or events caused or worsened the condition.
• The expert should also outline how the condition would have naturally progressed if left untreated, compared to the severity after service.

These letters, especially from specialists or doctors familiar with the veteran’s condition, are instrumental in supporting claims.

Documenting the Progression of the Condition

It’s essential to document the progression or worsening of a condition during and after military service. This can include:

• Medical evaluations that show worsening symptoms, diagnoses, or treatment after service.
• Physical examinations by VA doctors or private physicians who can note the physical changes to the condition over time.
• Diagnostic tests such as X-rays, MRIs, or lab results that can demonstrate how the condition has evolved since service.

The more detailed and consistent this documentation is, the more compelling the claim will be.

Common Challenges in Proving Aggravation and Strategies to Overcome Them

Proving aggravation can be challenging, especially when the pre-existing condition may have naturally worsened over time. Here are some common challenges and strategies to address them:

1. Lack of Clear Documentation: If service medical records or post-service records don’t clearly document the worsening of the condition, it can be harder to establish a connection. Veterans can strengthen their claim by providing detailed personal accounts, supporting statements from fellow service members, or seeking a new evaluation from a specialist who can testify to the impact of military service on the condition.
2. Difficulty Proving “Beyond Natural Progression”: Some veterans may have conditions that worsen naturally with age or time, making it difficult to distinguish between what is due to service and what is simply aging. A skilled medical expert or nexus letter is often key to explaining how the military service directly caused or contributed to the aggravation.
3. Complicated Medical Evidence: Medical terminology can be complex and hard to understand. Veterans should work with an attorney who can help interpret and present medical evidence in a clear and compelling way.

Conclusion

Proving that a pre-existing condition was aggravated by military service can be a complex process, but it is not impossible. By gathering the right evidence—service and medical records, personal statements, nexus letters, and expert opinions—veterans can present a strong case for aggravation. Working closely with experienced professionals can also help overcome the challenges that often arise during the claims process.

When considering an aggravation claim for VA disability benefits, it’s important to approach the process with careful attention to detail and seek the guidance of professionals who can help ensure your claim is as robust as possible.

If you or someone you know is navigating the VA disability claims process, remember you’re not alone—contact Stevens and Sullivan today at 404-467-9017 for a free consultation!