I Had This Condition Before I Joined. Can I Still Get VA Disability for It?

A condition you had before joining can still be service connected if service made it worse beyond its natural progress. If your entrance exam didn't note the condition, VA presumes you entered sound, and to deny the claim VA needs clear and unmistakable evidence that it existed before service and wasn't aggravated (38 C.F.R. § 3.304(b)). If it was noted, you show it got worse in service, and VA presumes aggravation unless the worsening was natural progress (38 C.F.R. § 3.306).

The first thing to find is your entrance exam. Whether the condition was "noted" there decides which of two rules applies.

Rule 1: Not noted at entrance, so you're presumed sound

Under 38 C.F.R. § 3.304(b) (and the statute behind it, 38 U.S.C. § 1111), you're considered to have been in sound condition when you were examined, accepted, and enrolled for service, except for conditions noted at entrance.

To overcome that presumption, VA needs clear and unmistakable evidence showing both that:

• the condition existed before service, and
• it was not aggravated by service.

That's a high bar for VA, not for you. A few points that matter:

• Something you mentioned isn't the same as "noted." If you told the entrance examiner about a past problem and they wrote it down as history, § 3.304(b)(1) says that recorded history is not a notation of the condition. It's weighed with all the other evidence.
• If the presumption holds, the claim is treated like any other direct claim: you still need a current disability, the in-service event or symptoms, and a medical link. See conditions diagnosed after service.

Rule 2: Noted at entrance, so the question is aggravation

If the entrance exam did note the condition, the claim is about whether service made it worse. Under 38 C.F.R. § 3.306(a) (and 38 U.S.C. § 1153):

• A pre-existing condition is considered aggravated when there's an increase in disability during service, unless there's a specific finding that the increase was due to the natural progress of the condition.
• For wartime service and peacetime service after December 31, 1946, VA needs clear and unmistakable evidence to rebut that presumption once the condition got worse in service (§ 3.306(b)).

Two limits in the same section:

• Treatment that helped doesn't count as aggravation. The usual effects of in-service medical or surgical treatment that improved a pre-service condition, such as a postoperative scar, are not service connected by themselves unless the condition was otherwise aggravated (§ 3.306(b)(1)).
• Combat and hardship get special weight. VA considers the places, types, and circumstances of service. Symptoms of a pre-existing condition that develop during or right after action with the enemy, or after time as a prisoner of war, establish aggravation (§ 3.306(b)(2)).

What evidence shows worsening in service

The question is what the condition looked like going in versus coming out:

• The entrance exam and report of medical history. What was written, and how it was described.
• In-service treatment notes, profiles, and duty limits for the condition, with dates.
• The separation exam, or the first post-service records, showing its condition on the way out.
• Statements from you and from people who knew you before and during service about what changed. Use VA Form 21-10210 (Lay/Witness Statement). See buddy statements.
• A medical opinion addressing whether the in-service increase was beyond the condition's natural progress, written by a clinician who has reviewed those records.

How VA rates an aggravated condition

When service aggravated a pre-existing condition, VA rates only the worsening. Under 38 C.F.R. § 4.22, the rating reflects the degree of disability over and above what existed when you entered service. If that baseline can't be determined from the evidence, or the disability is now total, no deduction is made.

Aggravation by service vs. aggravation by another rated condition

This page is about service making a pre-service condition worse. A condition made worse by another service-connected condition is a different rule (secondary service connection). See secondary service connection.

Where we fit

VA Claim Commander can read your service treatment records and find the entrance exam, every in-service mention of the condition, and the separation exam, with the page for each. That shows which rule likely applies and what the before-and-after record says. It doesn't give the medical opinion on natural progress; that comes from a clinician. A free VA-accredited Veterans Service Organization can help you file. Find an accredited representative.

Frequently asked questions

What is the presumption of soundness?

Under 38 C.F.R. § 3.304(b), VA considers you to have been in sound condition when you entered service, except for conditions noted at your entrance exam. To deny a claim for a condition that wasn't noted, VA needs clear and unmistakable evidence that it existed before service and wasn't aggravated by it.

My entrance exam mentions my old injury as history. Does that count as "noted"?

Not by itself. Under 38 C.F.R. § 3.304(b)(1), a history of a pre-service condition recorded at the exam isn't a notation of the condition. VA weighs it with all the other evidence about when the condition began.

What does "natural progress" mean in a VA aggravation claim?

It means the condition got worse in service only because that's what it would have done anyway. Under 38 C.F.R. § 3.306, an in-service increase is presumed to be aggravation unless there's a specific finding that it was natural progress, and for wartime or post-1946 service VA needs clear and unmistakable evidence to make that finding.

Will VA rate my whole condition or just the part service made worse?

Usually just the part service made worse. Under 38 C.F.R. § 4.22, the rating reflects the disability over and above what existed at entrance. No deduction is made if the baseline can't be determined or the disability is now total.

Can I claim a pre-existing condition that surgery in service fixed?

The usual effects of in-service treatment that improved a pre-service condition, such as a surgical scar, aren't service connected on their own (38 C.F.R. § 3.306(b)(1)). If the condition was otherwise made worse by service, it can still be claimed as aggravated.