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Service connection for obesity..OGC take

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This may help some Vets seeking SC for Obesity/obesity related diseases:


In summary:


HELD: 1. The longstanding policy of the Department of Veterans Affairs (VA), that obesity per se is not a disease or injury for purposes of 38 U.S.C. §§ 1110 and 1131 and therefore may not be service connected on a direct basis, is consistent with title 38, United States Code.

2. Because obesity is not considered a disease for purposes of 38 U.S.C. §§ 1110 and 1131, we do not need to determine whether it may be considered the result of a veteran's willful misconduct for purposes of line-of-duty determinations under 38 U.S.C. § 105(a).

3. Obesity per se is not a "disability" for purposes of 38 C.F.R. § 3.310. If, in a particular case, obesity resulting from a service-connected disease or injury is found to produce impairment beyond that contemplated by the applicable provisions of VA's rating schedule, VA may consider an extra-schedular rating under 38 C.F.R. § 3.321(b)(1) for the service-connected condition based on that impairment. VA FORM MAR 1989 21 05 2. Executive in Charge, Board of Veterans' Appeals (01)

4. Obesity cannot qualify as an in-service event because it occurs over time and is based on various external and internal factors, as opposed to being a discrete incident or occurrence, or a series of discrete incidents or occurrences.

5. Obesity may be an "intermediate step" between a service-connected disability and a current disability that may be service connected on a secondary basis under 38 C.F.R. § 3.310(a).


Edited by broncovet
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