By: Ryan Spencer, Veterans Disability Benefits Attorney
Periodically, I have some veterans who would like to be service connected for obesity because of another service connected condition that prevents them from exercising. For example, being handicapped or having a bad back can substantially impede on the ability to maintain a healthy lifestyle for most. Even some mental health or gastrointestinal diseases can cause such lethargy that the veteran simply does not have the ability to exercise. But all of these problems still do not answer these underlying questions.
These questions, finally, have been addressed by the Office of General Counsel for the U.S. Department of Veterans Affairs in their first precedential opinion of 2017, VAOPGCPREC 1-2017.
This development is significant for Veterans because there has been a longstanding question for advocates and VA employee’s alike regarding the relationship between obesity and service connected conditions. I can’t say I agree with the determination that obesity is not a disease, but it is within the purview and discretion of the VA to make that decision. And we at least are not barred completely from the issue. There are plenty of veterans who are service connected for conditions that, at a minimum, cause or enhance the possibility of developing obesity and thereafter direct cause another disease. While it is not a clear victory for veterans, it is certainly better than a hard denial by the VA on all facets of obesity.
If you or a loved one has been denied your Veterans Disability Benefits, our accredited attorneys are ready to help. Call Marcari, Russotto, Spencer & Balaban at 866-866-VETS or contact us online
Thank to Mr. Spencer I was able to get my VA disability claim re-reviewed and given another chance to receive disability. By far he is one of the most professional lawyers I have ever dealt with. So Veterans if you are looking for help with your VA disability claim I would suggest that you hire Macari, Russotto, Spencer, & Balaban. Thanks again for everything.
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