Pre‑existing condition aggravated by service under 38 USC
Question asked:
“Under 38 U.S.C. § 1153 and 38 C.F.R. § 3.306, a pre-existing condition is considered aggravated by active military service if there is an increase in disability during service, unless a specific finding shows the increase is due to the natural progression of the disease.”
Summary
Under 38 U.S.C. § 1153 and the corresponding regulation 38 C.F.R. § 3.306, a pre‑existing injury or disease is deemed aggravated by active military service when the veteran’s disability increases during that service, unless a specific finding shows the increase is merely the natural progression of the condition. This is the established legal standard.
Sources 58 searched
- 38 USC 1153: Aggravation
A preexisting injury or disease will be considered to have been aggravated by active military, naval, or air service, where there is an increase in disability during such service, unless there is a specific finding that the increase in disability is due to the natural progress of the disease.
- U.S.C. Title 38 - VETERANS' BENEFITS
1153 - Aggravation From the U.S. Government Publishing Office, www.gpo.gov · A preexisting injury or disease will be considered to have been aggravated by active military, naval, or air service, where there is an increase in disability during such service, unless there is a specific finding ...
- 243 Department of Veterans Affairs § 3.306
A preexisting injury or · disease ... there is an in- crease in disability during such service, unless there is a specific finding that · the increase in disability is due to the · natural progress of the disease....
- 237 Department of Veterans Affairs § 3.309
preexisting condition was not aggra- vated by service, which may include af- firmative evidence that any increase in · disability was due to an intercurrent · disease or injury suffered after separa- tion from service or evidence suffi- cient, under § 3.306 of this part, to show · that ...
- Federal Register :: Aggravation Definition
Section 3.306(a) derives from 38 U.S.C. 1153, which provides that a preexisting injury or disease will be considered to have been “aggravated” by active service “where there is an increase in disability during such service,” unless the ...
- eCFR :: 38 CFR 3.306 -- Aggravation of preservice disability.
A preexisting injury or disease will be considered to have been aggravated by active military, naval, air, or space service, where there is an increase in disability during such service, unless there is a specific finding that the increase in disability is due to the natural progress of the disease.
- 38 USC 1153 - Aggravation
A preexisting injury or disease will be considered to have been aggravated by active military, naval, air, or space service, where there is an increase in disability during such service, unless there is a specific finding that the increase in disability is due to the natural progress of the disease.
- PL 78-144: (7/13/1943) -- § 9(b) added current pres
consistent with the plain language of section 1111. We note that 38 U.S.C. § 1153 · establishes a rebuttable presumption of aggravation applicable only where it is · shown that a preexisting disease or injury increased in severity during service.
This fact check is free and donation-based. $1 powers ~30 fact-checks.
