We've previously covered how the VA handles preexisting conditions, but there's a big difference regarding in-service aggravation of pre-service disabilities when it comes to active duty service members versus reserve/guard service members.
It can get confusing – and many service members actually are not aware of the difference between these two. In this blog, we'll go over the difference between service member types and how that impacts the veterans ability to get VA disability benefits for their pre-service disability.
If you're a veteran looking to get VA disability benefits for a preexisting condition, keep reading:
What is the difference between active duty, reserve, and guard?
Active duty refers to service members who are in the military full-time. According to the VA, they might live on base and can be deployed at any time.
Reserve service members often work stateside while active duty members are deployed overseas, filling in when needed. They participate in periodic training but are not full-time like members of active duty are.
National Guard members primarily serve their state in situations such as natural disasters or a martial law related issue. They can be deployed overseas or aid in local emergencies, earning veteran status after 30 days of service in a war zone.
Active duty for reserve and guard soldiers can be classified as either ADT (active duty for training) or IADT (inactive duty for training). ADT usually has orders associated with it, and often a DD214. IADT are the drill weekends. The VA approaches disability for both of these time periods differently, and there are different rules that are more restrictive for guard members.
What are the VA's rules about preexisting conditions for active duty, reserve, and guard?
Basically, all new and worsening medical conditions count toward service connection when you're active duty. When you're reserve or guard, you're considered a civilian – and this is where it can get confusing. Injuries or illnesses that have their onset during a qualified active period can be considered for service connection for reserve and guard soldiers.
Here's an example of this:
If you see your doctor for foot pain a week before drill (battle assembly weekend), then it is considered a pre-existing condition. This is true even if you injured it preparing for your PT test. Reserve and guard soldiers are considered civilians for every moment that is not officially ADT, AIDT, or deployment. No exceptions. If then you fall and suffer a permanent worsening of your foot condition during a qualified period, then it may be service connected. Again, medical documentation of the event and all post-injury care is important in establishing the incident and chronicity of the condition.
We have seen some try to conveniently schedule testing around these approved periods of time in hopes to get a condition service connected, but that doesn’t work and it's usually fraudulent so we don’t recommend doing that. One example is scheduling your home sleep study to diagnose sleep apnea during drill weekend. This does not constitute a service medical condition. The symptoms leading up to needing the test existed prior to that weekend and could not be tied to a qualifying period of service as an injury or sudden illness that you would not have gotten if not for participating in that service event, so you are still considered a civilian no matter when you schedule your sleep study.
Why it's important to establish a baseline of severity for a condition
The list of qualified medical conditions are extremely limited for guard soldiers. What this means is that medical documentation is the most important piece of evidence for a reserve or guard soldier to prove service connection. Seeing your doctor regularly to keep track of symptoms makes it easier to establish a baseline status of the condition's severity. This is important because it can help prove to the VA that the condition was made worse by service, earning you higher ratings for VA disability benefits.
For example, if a veteran had a back condition or pain prior to entering in a period of ADT or IADT service and they injured it during that time with documentation, the VA will acknowledge that it was aggravated beyond the natural progression of the disease. So, the presumption of aggravation applies when the evidence is present.
What about flare ups of a preexisting injury or disease?
According to the VA's M21-1, temporary or intermittent flare-ups are not sufficient enough to be considered aggravation in service unless the actual underlying condition is worsened. This is another reason why the establishment of baseline severity of a condition, and regular doctor visits to document symptoms, are so important for veterans.
Start building a compelling claim for VA disability benefits
Need help putting together medical documentation for a strong VA disability claim? Start with a Nexus Letter, DBQ, or chart review – we’ve got you covered. Let our friendly medical experts guide you through gathering exactly what you need to get results from the VA. Don’t go through it alone; schedule a chart review today and explore our full range of services here.
Comentarios