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Federal statute · 38 USC § 1111

38 USC 1111: Presumption of Soundness Explained

§ 1111. Presumption of sound condition

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Claim Raven explanation

What this means

This law generally presumes you were in sound condition when examined, accepted, and enrolled for service, except for conditions noted at entry. It sets a demanding standard for rebutting that presumption.

When the presumption applies, rebuttal requires clear and unmistakable evidence both that the condition existed before service and that service did not aggravate it. A later statement about a pre-service history does not answer both questions by itself.

How this helps your claim

Compare the actual entrance examination with the evidence VA used to deny the claim. Separate the question of whether a condition existed before service from whether VA met the applicable burden concerning aggravation.

What to check in your records

Use your decision, examination reports, and relevant records to check the following points.

  • Read the entrance examination itself for a recorded condition.
  • Identify the evidence VA cited for pre-service existence.
  • Check whether the decision separately addressed the required lack-of-aggravation finding.

Read the entrance findings before the later history

The presumption concerns the condition at examination, acceptance and enrollment. The actual entrance record is therefore important. A later statement that symptoms existed before service may raise a question without being identical to a condition noted at entry.

When the presumption applies, the rebuttal analysis has two parts: preexistence and lack of aggravation under the demanding standard. Read whether the decision addresses both. A medical opinion stating only that a condition probably existed earlier does not, by itself, explain the entire statutory analysis.

Is any mention of childhood symptoms enough to rebut soundness?

Not automatically. The applicable presumption, entrance findings and required evidentiary standard must be considered. The history may be relevant, but it should not be used as a shortcut that skips the separate aggravation question or lowers the rebuttal standard stated in the statute.

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Official statutory text

38 USC § 1111

OLRC release through Public Law 119-102 (July 12, 2026). Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.

§ 1111. Presumption of sound condition

For the purposes of section 1110 of this title, every veteran shall be taken to have been in sound condition when examined, accepted, and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance, and enrollment, or where clear and unmistakable evidence demonstrates that the injury or disease existed before acceptance and enrollment and was not aggravated by such service.

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