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Aggravation of pre-existing conditions

If a condition existed BEFORE your service entry — but was made worse during service beyond its natural progression — that worsening is compensable. The legal standard is 38 CFR § 3.306.

How to prove aggravation

  1. Show baseline severity before service (entrance physical, civilian medical records).
  2. Show evidence of in-service worsening (service treatment records documenting increased symptoms, treatment, or profile).
  3. Show current severity exceeds the natural progression baseline.
  4. Get a nexus opinion: “It is at least as likely as not that the veteran’s pre-existing [condition] was aggravated beyond its natural progression during military service.”

Pro tip

Conditions noted on your entrance physical that worsen during service are presumed to have been aggravated by service. VA must rebut that presumption with clear and unmistakable evidence — a high bar. Always check your entrance physical when filing a claim for any chronic condition.

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