CAVC Decision January 6, 1995

Allen

Allen v. Brown, 7 Vet. App. 439 (1995)

Secondary Service Connection - Aggravation

Summary

This case established the standard for secondary service connection based on aggravation. The Court held that when a service-connected disability aggravates (permanently worsens) a non-service-connected condition, the veteran is entitled to compensation for the degree of disability over and above the pre-aggravation baseline. This created the framework for 'secondary service connection by aggravation.'

Key Points

  • Secondary conditions can be service-connected if aggravated by a service-connected disability
  • Compensation is for the degree of worsening beyond the baseline
  • Must establish the baseline level before aggravation
  • Requires medical evidence showing the aggravation
  • Different from secondary conditions directly caused by service-connected disability

When This Applies

If you have a condition that wasn't caused by your service-connected disability but has been made worse by it, you may be entitled to secondary service connection. For example, if your service-connected knee condition causes you to walk differently and that aggravates a pre-existing hip condition, you may receive compensation for the additional hip disability caused by the aggravation.