Proving In-Service Disability Connection: How You Can Use The Presumption of Sound Condition in Your Favor

Though the term sounds complex, the presumption of sound condition simply means that “every veteran shall be taken to have been in sound condition when examined, accepted, or enrolled for service,” unless an illness or disorder is denoted on you entrance exam.

The presumption of sound condition provides support for disabilities caused by military service, if the disability was not included on your entrance exam.

The VA may overcome this presumption, but the burden is high for the agency. The agency must prove through “clear and unmistakable evidence” that “demonstrates that the injury or diseases existed before acceptance and enrollment and was not aggravated by such service.

What If My Disability Was Listed on My Entrance Exam But My Service Aggravated It?

If your disability was included on your entrance exam, but aggravated by service, the presumption of soundness still does not work against you. Not only will the VA need to prove that the condition existed prior to you enlisting, but also prove that it was not aggravated by service.

If you have more questions about the presumption of soundness or need assistance defending your disability claim with confidence, please contact us today at 855-312-5575.