Conditions that the VA will NOT Rate
There are various situations/conditions that the VA will NOT rate.
Wilful Misconduct or Dishonorable Conduct
If a condition is a direct result of wilful misconduct or occurred during a period of dishonorable conduct the VA will NOT grant service-connection.
Examples include but are not limited to:
Conditions established while in AWOL or deserter status;
Drunk driving;
Attacking a brick wall in a fit of rage, breaking your hand; or
Having a sword/pistol duel on the PT field.
IMPORTANT NOTE:
Getting hurt while on AD from say playing sports or something that could be considered an accident is NOT wilful misconduct!
Intellectual and Personality Disorders
Intellectual and Personality Disorders are generally considered to be something a person is born with, not something that develops due to service. (Having a large genetic or hereditary component, with negligible environmental factors.)
So yes, while being an asshole may negatively impact your ability to hold a job; It in and of itself, is NOT ratable by the VA.
EXCEPTIONS:
Because of this, the VA does NOT consider these disorders as diseases or injuries for compensation purposes, except when they are the result of another service-connected disability such as a Traumatic Brain Injury (TBI); and
If the condition got worse due to your service or a service-connected condition (Aggravated) it CAN be rated.
NOTE:
If service-connected, the VA will NOT issue secondary service-connection from any disabilities that are a result of these disorders, the exception being if the Veteran has another mental disorder that is service-connected.
Congenital or Genetic Conditions
These are conditions that you were born with.
Examples include but are not limited to:
Male pattern baldness;
Missing or having extra parts;
Personality disorders; and
Poor eyesight.
EXCEPTIONS:
If the condition manifests during your service after the time period medical science has determined it should have developed. It CAN be rated.
If the condition got worse due to your service or a service-connected condition (Aggravated) it CAN be rated.
Active Duty servicemembers who serve for at least 8 years (APPLIES TO DoD Medboards ONLY!).
Conditions Caused by Substance Abuse or Impulse Control
Examples include but are not limited to:
Alcohol abuse;
Illicit drug usage;
Tobacco usage; and
Overeating (obesity).
EXCEPTIONS:
Anorexia or bulimia CAN be service-connected.
If the substance abuse is Secondary to something like PTSD it can lumped with the primary condition - NOT given a separate evaluation. It would look like ‘PTSD with alcohol abuse’. This lumping does NOT in and of itself cause the primary condition’s evaluation to increase.
Click HERE for more information.
IMPORTANT NOTE:
While obesity itself CANNOT be service-connected it CAN be used an Intermediary step to grant service-connection for other conditions; like obesity causing Sleep apnea.
Lab Findings
Some diagnosed conditions are considered lab findings by the VA. Meaning, that they are not an actually disabling condition.
These typically are usually detected during routine lab testing (blood work) or as things noticed during other diagnostic tests such as an X-Ray or MRI.
But these conditions themselves have either not become severe enough to manifest into more severe conditions.
Common lab finding are:
Fatty liver disease (hepatic steatosis/steatotic liver disease);
Hyperlipidemia (high cholesterol/high triglycerides);
Low testosterone;
Pre-diabetes (high blood sugar/hyperglycemia); and
Pre-hypertension (elevated blood pressure).
While diagnosed conditions, they themselves are not considered disabilities and CANNOT be given service-connection.
IMPORTANT NOTE:
Even though a lab finding itself cannot get service-connection. Service connection CAN be granted for conditions the lab finding causes so long as the lab finding is favorably linked to service. However, it is best practice to simply claim the disability and explain how it is related to service.
Example:
You have low testosterone which has been linked as the cause of your Erectile dysfunction. You would claim the erectile dysfunction and state it is caused by your low testosterone via (however you think the low testosterone is due to service). So possibly as due to TERA exposures or a service-connected condition.
Elective Procedures
If you voluntarily underwent a medical procedure such as but not limited to:
Breast augmentation/reduction (without a medical basis such as back pain);
Laser eye/LASIK surgery;
Kidney donation; and
Vasectomy.
The procedure to include typical side residuals/side effects are NOT subject to service-connection. HOWEVER, if you develop chronic residuals which are unusual or unexpected those residuals CAN be service-connected.
Examples:
You underwent a vasectomy. As a direct result of the procedure you developed a major infection which resulted in the Loss of both testicles. As major infections are not usual or expected residuals from the procedure, the loss of the testicles CAN be service-connected.
You had LASIK surgery on both eyes. Once healed, you developed dry eye syndrome. As dry eye syndrome is an expected residual of the procedure, it would NOT be subject to service-connection. UNLESS, the VA gets a medical opinion that the dry eye syndrome is due to another cause such as TERA exposures. (M21 V.iii.2.A.3.d)
References
M21-1, Part V, Subpart ii, Chapter 3, Section C - Reviewing Diagnoses
M21-1, Part X, Subpart iv, Chapter 1, Section A - Character of Discharge (COD) and Bars to Benefits
M21-1, Part X, Subpart iv, Chapter 1, Section B - Special Topics Involving Character of Discharge
M21-1, Part X, Subpart iv, Chapter 1, Section C - Willful Misconduct and Line of Duty (LOD)