My claim was denied for an "Undocumented Pre-Existing Condition"

What these denials mean:

These denials are confirming that there is a mental disorder, but they are asserting that it is not a compensable disability because it's a preexisting condition that was not aggravated beyond its natural course of progression by anything in the service.

Important Note:

Unless a condition was recorded on the enlistment examination report, there is a "presumption of soundness", meaning that a Veteran will be considered to have been in sound condition when examined, accepted, and enrolled for service.

If there was a note on the report, I'm classifying that as "documented." Without that documentation, Veterans are protected under the presumption of soundness.

That presumption of soundness stands unless the VA has clear and unmistakable evidence that a disability was both preexisting AND that it wasn't aggravated beyond its natural course of progression in the service.

The burden of proof falls on the VA to prove BOTH the preexistence AND the lack of aggravation. Otherwise, presumption of soundness stands.

A tricky scenario that I’ve encountered:

The VA mistakenly declares that a condition was clearly and unmistakably preexisting because a Service Member or Veteran is diagnosed with PTSD due to a traumatic stressor (such as childhood abuse) that occurred prior to military.

This is a logic error on the part of the VA. A traumatic stressor does not equal PTSD.

Many service-connected disabilities first occur during active duty but there was an existing predisposition prior to military. PTSD with delayed onset is still eligible for service-connection regardless of the pre-military traumatic stressor.

You can still get service-connection for a mental disorder, if:

You had the presumption of soundness upon enlisting, and even though the VA claims to have clear and unmistakable evidence that your condition was pre-existing, if the VA cannot prove that your condition WASN'T aggravated by service, then your presumption of soundness stands.

If the VA erred in its assertion of a pre-existing diagnosis or if the VA erred in its assertion about the level of impairment before service versus resulting from service (and/or the natural progression of your condition), you may be eligible for service-connection.

How?

1. Records Review - I would start with a Records Review, so I can review the VA's assertions versus the evidence.
2. Nexus Letter - (If viable) After the Records Review, I will tell you if there is evidence that I could use to write a nexus letter supporting your claim. Those situations include:
   • the VA's diagnosis is in error
   • the VA's assertion of a "natural progression" is in error
   • and/or there is evidence of aggravation of your symptoms in the records.
3. Independent Medical Examination (IME) - (If needed) If none of those apply, the last possibility is that the level of impairment found on your DBQ was inaccurately low, and your true level of impairment would provide evidence of an aggravation. In that case, we would need to do an IME first to determine your current level of impairment before I can write a nexus letter supporting your claim.