Service connection is the foundation of nearly all VA disability compensation claims. It is the legal determination that a veteran’s current disability was caused or aggravated by military service. Establishing service connection often requires navigating service records, medical evidence, and VA regulations. Because service connection determines eligibility for monthly compensation, healthcare, and other benefits, properly developing the claim is critical.
A veteran must establish service connection to be entitled to VA disability compensation benefits. If a qualifying veteran has an injury or condition related to their service, VA will compensate the veteran based on the degree of their disability. VA’s disability compensation is a tax-free monthly monetary benefit. Generally, to establish a claim for service connection, the evidence must establish the following three elements: (1) the veteran must have a current diagnosed disability; (2) there must have been an in-service event, occurrence, or symptoms; and (3) there must be a medical nexus or link/connection between the current disability and service.
A disability is current if it manifests while the claim is pending. However, a condition that resolves before submission of a claim is not considered a “current” condition. An in-service event refers to the onset of disease, injury, or aggravation of a pre-active duty condition, while in the line of duty in the active military, naval, air, or space service. Finally, the nexus is a connection between the current disability and the in-service event.
There are five main theories for connecting a disability to a veteran’s service:
Direct service connection is granted when a veteran’s current disability is clearly linked to an event, injury, or illness that occurred during military service.
A secondary service-connected condition is a disability or illness that develops as a direct result of, or is aggravated by, a service-connected disability.
A service connection by aggravation, in the context of VA disability benefits, means that a veteran’s pre-existing condition was worsened by their military service.
Presumptive service connection means the VA automatically assumes certain conditions are related to military service without requiring the veteran to prove a direct link.
Veterans that incur injuries, conditions, or diseases directly caused by VA medical treatments may file what is called an “1151 Claim” for disability benefits using the VA Form 21-526 EZ. This includes conditions caused by VA medical negligence or unforeseen complications due to treatment or care of a VA medical service. If an 1151 claim is granted, the condition is treated as though it were service-connected, and veterans are entitled to monthly compensation benefits based on the disability rating assigned.
Medical malpractice due to a VA employee may also give rise to a claim under the Federal Tort Claim Act (FTCA), which is a civil lawsuit filed against the government in a Federal court. While veterans may file both an 1151 claim and an FTCA claim for medical malpractice injuries, VA benefits will be offset by any FTCA settlement awards. Consulting with a VA-accredited attorney is recommended when deciding whether to pursue one or both types of legal claims.
Proving service connection is essential to getting VA benefits. Without it, the VA will deny the claim—even if the condition is serious. A VA-accredited attorney or representative can help gather evidence, obtain medical opinions, and build a strong case to link your condition to your service.
We have attorneys and representatives here at Greene & Marusak who can help you establish service connection.
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