Claims For Conditions Not On A Presumptive List

An Unlisted Condition Can Still Be Considered

A presumptive list provides a defined route for establishing a connection to service. It does not contain every condition that military service could cause or worsen. VA regulations allow service connection for a disease first diagnosed after discharge when the evidence establishes that it was incurred in service. VA also tells veterans with unlisted Agent Orange-related conditions that they can submit a claim with supporting evidence.

For an ordinary direct service-connection claim, VA generally looks for a current disability, an in-service event, injury or disease, and evidence linking the two. A claim involving aggravation of an existing condition raises additional questions about worsening during service. The absence of a presumption means that the required connection needs to be established through the applicable evidence and rules.

Sources: [1] [2] [3].

Build The Record Around The Missing Connection

Relevant evidence may include service treatment records, personnel or assignment records, medical records after service and statements describing observable events or symptoms. Records showing location and duties can help explain the circumstances of a reported exposure. Treatment records can establish the diagnosis and its course. A medical opinion may address whether the particular condition is related to the claimed service event.

A useful statement explains what the writer personally observed and when. It should distinguish remembered facts from assumptions about medical causation. A published study may be relevant, but it does not automatically establish that a particular exposure caused an individual condition. The regulation directs VA to consider the whole record, including service circumstances and pertinent medical and lay evidence.

Toxic-exposure claims can also involve the examination and medical-opinion provisions of 38 U.S.C. 1168. Those provisions have specific triggering requirements and an exception. Participation in a toxic exposure risk activity is not itself an award of service connection, and an examination requirement does not predetermine the medical opinion or the claim decision.

Sources: [1] [2] [3].

If There Has Already Been A Decision

Read the decision notice to identify which element VA found missing. A Supplemental Claim generally requires new and relevant evidence; VA also recognizes a qualifying change in law, such as a new presumption, as a basis for review. A new condition on a list can change the available route, but it does not erase the remaining service or diagnosis requirements.

An accredited representative can help identify the correct review route and evidence needed for the issue actually decided. Preserve the notice and relevant records. The public reference table can point to current sources, while the decision and the individual evidence determine what questions remain to be resolved.

Sources: [1] [2].