VA Benefits for Pre-Existing Conditions
Veterans Disability Lawyer: Aggravation of Pre-Existing Conditions
Veterans cannot obtain disability benefits from the Department of Veterans Affairs (VA) for a pre-existing medical condition unless their military service exacerbated — or worsened — the pre-existing condition.
The VA attorneys at the Law Office of Michael James Kelley are experienced in obtaining benefits for veterans in complex cases involving injury previous to service. Did military service make your pre-existing condition worse? Please contact our law firm for a free initial consultation.
Our lawyers have been winning disability claims for veterans since 1994. Over the years, we have found that claims involving the worsening of a pre-existing condition often fall into one of two categories:
1. Mental Health-Related Claims
Some new recruits have difficulty enduring the rigors of basic training. If a soldier has a breakdown in basic, the military may discharge the recruit, saying her or she was damaged from the start. They may deny a claim for disability benefits based on an active, pre-existing mental health condition, like a personality disorder.
Our lawyers may be able to prove that the recruit had a mental health condition that was being managed effectively at the time of enlistment. We may present evidence that the soldier was, for example, the captain of his or her basketball team or a leader at a part-time job. We have obtained disability benefits by proving that the military exacerbated a well-managed, pre-existing condition by exercising the person to the point of exhaustion.
2. Physical Injury Claims
The Bureau of Veterans Affairs may deny a claim for a knee injury, for example, because the claimant originally injured his or her knee before joining the service. In many cases, we have found evidence that the knee injury had healed and was not causing problems at the time the individual joined up. We have obtained disability benefits for clients by showing that an old knee injury was made worse by the rigors of military service.
Was your initial claim for benefits denied based on a VA finding of a pre-existing condition or an "injury prior to service"? The attorneys of the Law Office of Michael James Kelley offer a free consultation to discuss your case.
It costs you nothing to learn if we can help. Call our Boston office at 617-523-1450, call toll free at 888-405-0600 or contact us by email. For your convenience, we also maintain offices in Providence, Rhode Island, and Nashua, New Hampshire.
- Veteran's Benefits
- Veterans Claims Appeals
- VA Benefit Claims Process
- Total Disability based on Individual Unemployability (TDIU)