Legal Issues Related to Proving "Service Connection" for VA Disability Compensation: Statutory Presumptions

Description:

This report focuses on several statutory presumptions that relate to the second element of a service-connected claim for disability compensation, and synthesizes the legal principles that guide the Department of Veterans Affairs' application of the statutory presumptions during the claims adjudication process. Specifically, this report will discuss the "presumption of soundness," the presumption of aggravation of a pre-existing injury or disease, the "line of duty" presumption, and finally, the "combat veteran" presumption, all of which are codified at Title 38 of the United States Code.

Creator(s): Nichols, James E.
Location(s): United States
Creation Date: October 18, 2010
Partner(s):
UNT Libraries Government Documents Department
Collection(s):
Congressional Research Service Reports
Usage:
Total Uses: 108
Past 30 days: 3
Yesterday: 0
Creator (Author):
Nichols, James E.

Law Clerk

Publisher Info:
Place of Publication: Washington, D.C.
Date(s):
  • Creation: October 18, 2010
Coverage:
Place
United States
Description:

This report focuses on several statutory presumptions that relate to the second element of a service-connected claim for disability compensation, and synthesizes the legal principles that guide the Department of Veterans Affairs' application of the statutory presumptions during the claims adjudication process. Specifically, this report will discuss the "presumption of soundness," the presumption of aggravation of a pre-existing injury or disease, the "line of duty" presumption, and finally, the "combat veteran" presumption, all of which are codified at Title 38 of the United States Code.

Physical Description:

13 pages.

Language(s):
Subject(s):
Partner:
UNT Libraries Government Documents Department
Collection:
Congressional Research Service Reports
Identifier:
Resource Type: Report
Format: Text