A veteran’s military service can result in a variety of medical conditions which entitle the veteran to monthly VA compensation benefits. For example, if a veteran was in a car accident during service and broke his leg, she can now receive benefits for the current service-connected leg condition. If another veteran was diagnosed with sleep apnea in service, he can now receive benefits for the current service-connected sleep apnea.
But what if the current leg condition and sleep apnea caused obesity? Could a veteran be eligible for VA disability benefits for the obesity?
And what if that obesity later caused diabetes, could the resulting diabetes become a service-connected condition?
These questions will be explored in this article.
What is Obesity?
Body mass index (BMI) is a calculated measure of weight relative to height. For adults, BMI is categorized into underweight, healthy weight, overweight, and obesity. Overweight is generally defined as having a BMI of 25.0-29.9 kg/m2 and obesity is generally defined as having a BMI over 30 kg/m2. The U.S. Centers for Disease Control and Prevention has an adult BMI Calculator on their website: Adult BMI Calculator | BMI | CDC.
According to the VA, in 2021, 41% of veterans receiving care from the VA suffered from obesity. Clearly, many veterans are facing this issue, so can they be compensated for it?
Is Obesity a Service-Connected Condition?
No. According to the VA, “Obesity per se is not a disease or injury for the purposes of [VA benefits] and therefore may not be [service-connected] on a direct basis.”
VA has also determined that obesity cannot qualify as an in-service event triggering other service-connected conditions because “it occurs over time and is based on various external and internal factors, as opposed to being a discrete incident or occurrence, or a series of discrete incidents or occurrences.”
So, obesity cannot be used as an “in-service event” or a “current condition” to establish service-connection for VA disability benefits.
Ways to Obtain VA Benefits from Obesity
Even though obesity cannot be service-connected on a direct basis, there are still ways to receive VA disability benefits arising from obesity.
- An Extra-Schedular Evaluation
If obesity arises from a service-connected condition, and that resulting obesity is found to produce impairment beyond what is addressed by the VA’s rating schedule, then veterans can apply for an extra-schedular rating based on that impairment.
For example, a veteran has service-connected rheumatoid arthritis with a 40-percent evaluation and is unable to exercise due to the debilitating nature of the arthritis. Medical evidence shows that the veteran developed obesity as a result of the inability to exercise and the obesity results in additional pain, weakness, and instability of the joints that produces functional loss beyond the 40% rating for rheumatoid arthritis. The evidence does not support a higher schedular evaluation under the rheumatoid arthritis diagnostic code or a higher evaluation based on separate evaluation of the affected joints. However, because the obesity results from the service-connected rheumatoid arthritis and produces impairment beyond that contemplated by the regular rating criteria, the veteran should request a referral for consideration of an extra-schedular evaluation.
- Obesity as an Intermediate Step
Obesity may also be an intermediate step when a service-connected condition causes the obesity and then that obesity causes or aggravates a secondary condition.
To determine if obesity is an intermediate step between a service-connected condition and a secondary condition, the following criteria must be met:
- the service-connected disability must have caused the veteran to become obese,
- the obesity as a result of the service-connected disability must have been a substantial factor in
- causing the claimed disability, or
- aggravating the claimed disability, and
- the claimed disability would not have occurred but for the obesity caused or aggravated by the SC disability.
Overweight or obesity increases the chance of the following, potentially secondary, conditions:
- Heart disease
- Stroke
- High blood pressure (hypertension)
- Diabetes and pre-diabetes
- Certain types of cancer (colorectal [colon], breast cancer in postmenopausal women, and prostate cancers among them)
- High cholesterol or dyslipidemia (excess fat in the bloodstream)
- Obstructive sleep apnea (airway blockage that affects breathing while asleep)
- Osteoarthritis (wear and tear of joints, especially hips and knees)
- Non-alcoholic fatty liver disease (build-up of fat in the liver that can lead to cirrhosis [scarring], liver failure, and liver cancer)
- Conditions related to a lack of or inability to exercise
For example, a veteran has service-connected back problems that prevent him from exercising, which has caused obesity. The veteran then claims secondary service-connected for hypertension, arguing that the inability to exercise from the service-connected back symptoms caused obesity and led to hypertension. The veteran will be entitled to secondary service-connected benefits for hypertension if the veteran can establish that (1) the service-connected back disability caused the veteran to become obese; (2) the obesity was a substantial factor in causing hypertension; and (3) the hypertension would not have occurred but for obesity caused by the service-connected back disability.
As another example, a veteran’s service-connected psoriasis is manifested by constant flare-ups that require near continuous treatment with Prednisone for management. The near continuous use of Prednisone on a long-term basis resulted in obesity, which was medically shown to lead to the development of coronary artery disease (CAD). Based on the evidence, the obesity is shown to be an intermediate step between the service-connected psoriasis and CAD, which establishes service-connection for CAD on a secondary basis.
If you want to obtain VA benefits using obesity as an intermediate step, or claim that an extra-schedular rating is required, you or your advocate must let the VA know when you file the claim.
Contact Vets National Advocates
At Vets National Advocates, we understand how to assist you in maximizing your VA disability benefits.
If you or someone you love needs help appealing a denied claim for disability benefits, our advocates are here to help. Helping Veterans, It’s What We Do.
Contact us at 1 (877) 777-4021 or fill out our contact form to learn more about how we can help you.
