Claim Raven explanation
What this means
A preexisting injury or disease is considered aggravated where disability increased during service, unless there is a specific finding that the increase was due to natural progress.
The important comparison is the disability before service and whether it increased during service. When the applicable aggravation rule is raised, a finding about natural progression needs to be considered with the supporting evidence. The related regulation explains the service-period provisions and additional detail that this short statute does not contain.
How this helps your claim
This statute helps explain why VA must consider worsening during service when a condition predated service. It also identifies natural progression as an important question. The implementing regulation adds detail, so reviewing the statute and § 3.306 together is more useful than relying on this short provision alone.
What to check in your records
Identify evidence showing a change in the underlying disability and any explanation of why it changed.
- Find records describing the condition before service and at entrance.
- Compare the condition during service with later records for evidence of an increase in disability.
- Read any finding that worsening was due to natural progression. Note the medical explanation and history used to support it.
Compare the starting disability with the service course
The aggravation question depends on whether the preexisting disability increased during service and the applicable treatment of natural progress. Before-service, entrance and in-service records can help distinguish the starting condition from the later course.
A symptom fluctuation and an increase in disability are not automatically the same conclusion. Keep the medical explanation of the change visible. If the decision attributes an increase to natural progression, identify the evidence and reasoning supporting that finding under the applicable standard.
Does this replace the presumption-of-soundness analysis?
No. Whether a condition is treated as preexisting and whether it was aggravated are related but distinct questions. The entrance findings and applicable soundness provisions may need consideration first. Do not assume every mention of earlier symptoms means the claim automatically proceeds under this statute alone.
Official statutory text
38 USC § 1153
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.
§ 1153. Aggravation
A preexisting injury or disease will be considered to have been aggravated by active military, naval, air, or space service, where there is an increase in disability during such service, unless there is a specific finding that the increase in disability is due to the natural progress of the disease.
Related references
- 38 CFR § 3.306: VA aggravation of a preexisting condition
- 38 CFR § 3.303: VA service connection explained
- 38 USC § 5107: Benefit of the doubt in VA claims
- 38 CFR § 3.159: VA duty to assist: records and examinations
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