Under which U.S. Code must a claimant prove that a pre-existing condition worsened during service?

The requirement for a claimant to demonstrate that a pre-existing condition worsened during service is outlined in 38 U.S.C. 1153. This section of the United States Code pertains specifically to the context of service-connected disability claims. According to 38 U.S.C. 1153, if a veteran had a condition that existed prior to their military service, they must provide evidence that this condition was aggravated by their service in order to receive benefits related to that condition.

The law recognizes that not all pre-existing conditions are automatically disqualified from service connection; rather, if there is a clear indication that the service has exacerbated the condition, the veteran may be eligible for benefits. This consideration allows for a more equitable treatment of veterans whose health issues have been exacerbated by their military duties.

While other sections of the U.S. Code pertain to various aspects of veterans’ benefits and claims—such as provisions for general claims processes or eligibility criteria—38 U.S.C. 1153 is specifically tailored to address the aggravation of pre-existing conditions, making it the right choice for this question.