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Vync

Aggravation Of Disability And Rate Reduction Policies

Question

Here are a couple of questions relating to a medical condition. Please let me know your advice or opinions. Thanks!

1. Is this a proper interpretation of these terms?

Presumption of Sound Condition

New recruits are assumed to be in good health and disability free unless the doctor notes otherwise on their entrance medical examination.

Aggravation of Disability

Medical conditions found during the entrance medical exam which worsen during active duty are deemed to be aggravated. If the Veteran becomes service connected for the medical condition, the VA may reduce the SC percentage.

2. Given the situation below, did the VA correctly reduce the rating by 10% given the entrance exam findings and subjective details?

Here is the situation:

Start Active Duty (1990)

- Entrance medical questionnaire (from recruit) - medical condition does not exist

- Entrance medical examination (from doctor) - medical condition does not exist

During active duty (1990-1995)

- Extensive medical treatment records for medical condition

- Subjective history indicates having condition prior to active duty.

After active duty (1995)

- Filed claim for condition

C&P exam (1999)

- Doctor confirms condition is service connected

- Doctor opines "Veteran obviously had condition before entering the service, which got worse while in the service."

Rating Decision (2000)

- "On the veteran's entrance examination, problems were reported with Veteran's nose, but the findings of the exam are normal"

- SC granted because "this condition, which existed prior to military service, permanently worsened as a result of service. The difference between disability evaluations before and after military service determines the degree of disability subject to service connection. Prior to service, the disability is considered 10 percent disabling based on evidence that showed Veteran always had problems of the recurrent condition. Following military discharge, the disability is 30 percent disabling which is the maximum evaluation for condition, because evidence now shows additional physically disabling characteristics not shown on the veteran's entrance examination. The pre-service percentage is always deducted before assigning any service connected evaluation less than 100 percent. This condition is evaluated as 20 percent disabling."

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