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Extra-schedular consideration, see M21-1, Part III, Subpart iv, 6.B.4.

Considering SC for obesity, see VAOPGCPREC 1-2017, and.References: For more information, please see: If these questions are answered in the affirmative, the hypertension may be SC on a secondary basis. To grant SC, an adjudicator would have to resolve the following issues: (1) whether the SC back disability caused the Veteran to become obese (2) if so, whether the obesity as a result of the SC disability was a substantial factor in causing hypertension and (3) whether the hypertension would not have occurred but for obesity cause by the SC back disability. The potential secondary disability would not have occurred but for the obesity caused by the SC disabilityĮxample: A Veteran claims SC for hypertension on the basis that his SC back disability caused obesity due to lack of exercise, which led to hypertension.The obesity as a result of the SC disability must have been a substantial factor in causing the potential secondary disability, and.The SC disability must have caused the Veteran to become obese.To determine whether obesity is an intermediate step between a SC disability and the development of a current disability that may be SC on a secondary basis, the following criteria must all be satisfied: Obesity may be an “intermediate step” between a SC disability and a current disability that may be SC on a secondary basis under 38 CFR 3.310(a). If obesity resulting from a SC disease or injury is found to produce impairment beyond that contemplated by the applicable provisions of the rating schedule, consider an extra-schedular rating under 38 CFR 3.321(b)(1) for SC based on that impairment.

Obesity per se is not a “disability” for the purposes of SC under 38 CFR 3.310 for secondary service connection. In accordance with M21-1, Part IV, Subpart ii, Chapter 2, Section A – Deciding Claims for Disability Compensation, IV.ii.2.A.2.f., Medication side effects, weight gain, and obesity CAN BE USED to establish secondary service connection as an “intermediate step.” Considering Secondary Service Connection for Obesity In fact, I’ve gained nearly 40 pounds since leaving active duty due to side effects of medications and service-connected disabilities that have limited my physical activity. Well, I don’t know about you, but I’m definitely not at my weight while on active duty. The Walsh decision DID say is that when a service-connected condition “aggravates” the claimant’s obesity, that aggravated obesity may be an “intermediate step” between a condition that is service-connected and a new condition that can be compensated by the VA as a secondary service-connected condition. However, the Walsh case established that Obesity may be an “intermediate step” for secondary service connection between a service-connected primary disability and a nonservice connected disability when the current service-connected condition “aggravates” the Obesity (weight gain also qualifies here).Īccording to medical research, having a Body Mass Index (BMI) of 30.0 or higher is considered “OBESE” while a BMI of 25.0 to 29.9 is considered “OVERWEIGHT.”Ĭlick HERE to calculate your BMI for free. No, there is no VA disability rating for Obesity (weight gain) under the law. List of Medical Conditions Linked to Obesity.

The Interaction Between Obesity and Plantar Fasciitis.

The Connection Between Obesity and Obstructive Sleep Apnea.

Secondary Service Connection and Aggravated Weight Gain or Obesity.

Considering Secondary Service Connection for Obesity.

Okay, let’s dive into the important parts of this case decision for secondary service connection, specifically, “aggravation” of a nonservice connected disability. While the Walsh case focused on issues of OBESITY in a VA disability claim for secondary service connection, the Walsh decision did NOT establish a new precedent saying that obesity can, by itself, be service connected, rated, and compensated on its own.įor example, you can’t claim that your active duty military service caused your obesity for direct service-connection. Wilkie.Īnd there has been much confusion about what the court said in this decision as well as how it applies to a Veteran’s VA disability compensation claim for secondary service connection.īrian Reese here from VA Claims Insider, and in this high-value post, I’ll be breaking down and explaining this case decision in detail, to include WHY and HOW Veterans can use Obesity (weight gain) as an “intermediate step” for service connection in secondary VA claims. The Court of Appeals for Veterans Claims (CAVC) recently issued its opinion in the case of Walsh v. Learn all about Obesity Secondary Service Connection in this article.