Appeals for VA Denials Based on Pre-existing Conditions

A veteran typically has to undergo an exam before being medically discharged from the service. The board that conducts the exam will report on whether the medical condition(s) were caused or aggravated by the veteran’s service or if it was a condition that existed before the veteran entered the service.

If your medical discharge was ruled the result of a pre-existing condition, you could still be eligible for service-connected benefits. The VA has been known to make mistakes at the regional level with claims billed as pre-existing conditions, failing to consider the proper evidence in their considerations.

For example, if your condition and the supporting medical documentation weren’t noted in your entrance examinations and paperwork, you were presumed to be physically and mentally in good health—healthy enough to be accepted into the service.

This means that, according to the Medical Board’s legal documentation, you still could qualify for benefits connected to your service, regardless of any statements you may have made. There are numerous cases in the Court of Appeals that have set the precedent for the Medical Board’s legal, binding documentation to hold more weight than any verbal statements.

If you have been denied veterans’ benefits due to a pre-existing condition, the West Virginia Veterans’ Disability Lawyers of Jan Dils, Attorneys at Law, can help you build a solid case and get you the benefits you deserve. You can call us toll-free at 877-526-3455 or use our online contact form to set up your 100% free first consultation.

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