Eligibility Bars, Educational Guide

Conditions the VA Will Not Rate (and the Exceptions That Open the Door)

Some categories of conditions are categorically barred from VA disability compensation, even when they appeared during service. The bars come from statute, regulation, and longstanding VA policy. Each one has narrow but real exceptions, and knowing the exception is sometimes the difference between a denial and a grant.

Educational reference, not legal advice or claims assistance. Whether a specific condition falls inside or outside a bar is fact-specific. For help with a particular claim, work with a VA-accredited representative.
The keystone rule
"Not rated" is not the same as "0% rated." A 0% rating means the condition is service-connected but does not meet the minimum severity for compensation; the door is open for future increase claims and the condition can support secondary claims. "Not rated" means the VA refused service connection altogether; the door is shut unless an exception applies.

"Not rated" vs. service-connected at 0%

These two outcomes look similar on a decision letter but carry very different downstream consequences.

Service-connected at 0%

  • The VA agrees the condition is connected to service.
  • No monthly compensation yet, but the door is open.
  • An increase claim can move it to a compensable percentage if symptoms worsen.
  • Can support secondary service connection for other conditions.
  • Counts toward priority group placement for VA health care.

Not rated (service connection denied)

  • The VA found the condition is not connected to service, or that a categorical bar applies.
  • No compensation now and no automatic pathway to compensation later.
  • Cannot support a secondary claim on its own.
  • Reopening usually requires a Supplemental Claim with new and relevant evidence, or invoking an exception below.

Willful misconduct and "line of duty" bars Categorical bar

Injuries or diseases that resulted from a service member's own willful misconduct or were incurred while the member was absent without leave, deserting, or imprisoned for a felony cannot be service-connected. The rule comes from 38 U.S.C. 105 and is implemented at 38 CFR 3.1(n) and 3.301.

  • Self-inflicted injuries done deliberately.
  • Injuries while AWOL or in deserter status.
  • Injuries from the deliberate consumption of alcohol or non-prescribed drugs (the consumption itself, separate from later medical sequelae).
  • Drunk-driving injuries where the member was the impaired driver.
  • Injuries from dueling, prizefighting, or fighting outside the line of duty.
What this bar does not reach: Routine accidents during authorized recreation, sports, or off-duty activity within line of duty are generally not "willful misconduct." Honest mistakes, simple negligence, and bad judgment without deliberate wrongdoing are not the same as willful misconduct. The bar is narrow and the VA has the burden to show willful misconduct applies.

Personality disorders and intellectual disabilities Not a disease for VA purposes

The VA treats personality disorders and intellectual disabilities as developmental conditions, not as diseases incurred in service. The general rule, codified at 38 CFR 3.303(c), is that they are not compensable on their own.

Three exceptions that matter:
  • Superimposed disability. If a separate, identifiable disability is "superimposed" on the personality disorder or intellectual condition during service, that superimposed disability can be service-connected. Example: a TBI sustained during service in a member with a pre-existing intellectual disability.
  • Aggravation by another service-connected condition. If a service-connected condition aggravates an underlying personality or intellectual condition beyond its natural course, the aggravation portion can be compensable as a secondary claim.
  • Misdiagnosis as personality disorder. A common scenario: PTSD or another service-connected mental health condition was misdiagnosed in service as a personality disorder. The PTSD itself remains compensable when later diagnosed; the prior personality-disorder label does not bar the claim.

Congenital and genetic conditions Pre-existing by definition

Conditions present from birth, or determined by inherited genetic factors, are generally not service-connected. The reasoning is that they did not arise from service. Examples include congenital eye conditions, certain limb anomalies, and inherited disorders.

Two openings:
  • Aggravation in service. A congenital condition that worsens beyond its natural progression because of service can be service-connected for the aggravation portion under 38 CFR 3.306. The VA presumes aggravation when severity increased during service unless there is clear and unmistakable evidence to the contrary.
  • Superimposed disease or injury. A separate, identifiable disease or injury that occurred during service can be compensable even if it affects a body system already shaped by a congenital condition.

Substance abuse, tobacco, and obesity Not an independent disability

Primary service connection for alcohol abuse, drug abuse, tobacco use disorder, or obesity itself is barred under 38 U.S.C. 1110 and the VA's interpretation in 38 CFR 3.301(d). Obesity is specifically treated as a non-disease in VA General Counsel opinion VAOPGCPREC 1-2017.

Where these still matter:
  • Secondary to a service-connected condition. Alcohol or substance use disorders arising secondary to PTSD, chronic pain, or another service-connected mental health condition can be compensable as part of the underlying primary claim. They do not get a separate independent rating.
  • "Intermediate step" causation for obesity. Obesity is not directly compensable, but VAOPGCPREC 1-2017 explicitly allows obesity to be an intermediate step in a causation chain: a service-connected condition causes weight gain, which causes a downstream disability (e.g. sleep apnea, hypertension, knees). The downstream condition is the claimable one.
  • Tobacco-related illness. Diseases caused by in-service tobacco use are generally barred by 38 U.S.C. 1103. Diseases caused by tobacco use secondary to a service-connected mental health condition are evaluated case-by-case.
  • Eating disorders. Anorexia, bulimia, and similar eating disorders are diseases under VA rules and can be compensable as primary or secondary conditions.

Lab-only findings with no current symptoms Not a disability on their own

A diagnosis that exists only as a lab or imaging finding, with no associated functional impairment, is generally not a "disability" for VA purposes. The condition has to actually impair function to be ratable. Common examples:

  • Hyperlipidemia (high cholesterol).
  • Fatty liver / hepatic steatosis without functional liver impairment.
  • Prediabetes / impaired fasting glucose.
  • Pre-hypertension (blood pressure elevated but not meeting the diagnostic threshold).
  • Low testosterone in an otherwise asymptomatic veteran.
The downstream pathway is still open. Lab findings that progress into actual disease are compensable: hyperlipidemia that progresses to coronary artery disease, prediabetes that progresses to Type 2 diabetes, pre-hypertension that progresses to hypertension. The lab number itself is not the claim; the disease it precedes is.

Certain dental and oral conditions Treatment-only category

Most "everyday" dental conditions are not compensable for monthly disability purposes. Under 38 CFR 3.381, these include:

  • Cavities (caries).
  • Periodontal disease.
  • Plaque and tartar.
  • Impacted or malposed teeth, including third molars (wisdom teeth).
  • Replaceable missing teeth (i.e. those treatable with prosthetics).
Two important openings:
  • Service connection for treatment purposes only. Many of the above conditions can still be granted "service-connected for VA dental treatment purposes" under 38 CFR 17.161, which entitles the veteran to VA dental care without monthly compensation. Worth requesting even when monthly comp is not on the table.
  • Compensable dental conditions. Loss of teeth from in-service trauma, loss of jaw bone, osteomyelitis, and certain disfigurement conditions can be compensable under 38 CFR 4.150. The combat dental trauma route is especially relevant for veterans with documented in-service jaw injury.

Elective procedures and their typical side effects Voluntary, not service-caused

Voluntary medical procedures and their expected, well-documented side effects are generally not compensable as service-connected conditions. Common examples:

  • Cosmetic surgery (augmentation, reduction, rhinoplasty) when not medically necessary.
  • LASIK and other refractive eye surgery.
  • Vasectomy and sterilization procedures.
  • Living kidney donation and similar voluntary transplants.
Unexpected or atypical complications. When an elective procedure produces a complication that is rare, not within the normal expected outcomes, and not adequately disclosed in the informed consent, service connection may still be available, particularly under 38 U.S.C. 1151 if the procedure was performed by the VA. For elective surgery performed in service by a military provider, the unexpected complication can be evaluated for direct service connection.

The aggravation door cuts across most bars

Several of the categorical bars above share the same exception: aggravation. Under 38 CFR 3.306, a pre-existing condition that was permanently worsened during service (beyond its natural progression) can be service-connected for the aggravation portion, even if the underlying condition itself would otherwise be barred.

  • The VA presumes aggravation when severity increased during service.
  • The presumption is rebutted only by "clear and unmistakable evidence" that the increase was due to natural progression, not service.
  • Aggravation applies to congenital conditions, certain personality conditions when superimposed, and many pre-existing diseases.

See the seven paths to service connection for the full list of pathways, including aggravation.

Primary authorities

  1. 38 U.S.C. 105 (line-of-duty and willful-misconduct bars). law.cornell.edu/uscode/text/38/105
  2. 38 U.S.C. 1110 (basic entitlement; willful misconduct exclusion).
  3. 38 U.S.C. 1103 (in-service tobacco use exclusion).
  4. 38 CFR 3.1(n) (definition of willful misconduct). law.cornell.edu/cfr/text/38/3.1
  5. 38 CFR 3.301 (line of duty determinations and substance use). law.cornell.edu/cfr/text/38/3.301
  6. 38 CFR 3.303(c) (congenital, developmental, and personality conditions).
  7. 38 CFR 3.306 (aggravation of pre-existing conditions).
  8. 38 CFR 3.381 (service connection of dental conditions for treatment).
  9. 38 CFR 4.150 (rating schedule for the dental and oral conditions that are compensable).
  10. 38 CFR 17.161 (VA dental treatment categories).
  11. VAOPGCPREC 1-2017 (VA General Counsel opinion on obesity as an intermediate step in causation).

Frequently Asked Questions

My decision letter says my condition is "not service connected." Is that the same as denied?

Yes. "Not service connected" and "service connection denied" mean the same thing. The condition is not on the rated list, no monthly compensation is paid, and it cannot support secondary claims. The path to reopening is a Supplemental Claim with new and relevant evidence (VA Form 20-0995). See the appeals guide.

I was discharged with a "personality disorder" diagnosis. Can I still file for PTSD?

Yes. The in-service personality disorder label does not bar a later PTSD claim. A common scenario in BVA decisions is that what was diagnosed in service as a personality disorder is later correctly identified as PTSD or another compensable mental health condition. The current diagnosis controls. A nexus opinion linking current PTSD to in-service stressors can overcome the older diagnostic label.

I got a 0% rating. Should I appeal or accept it?

0% is actually a substantial win on the service-connection question; it keeps the door open. You can file an increase claim later if symptoms worsen, and 0% conditions can still support secondary claims. If you believe the severity should be higher right now under the rating schedule, a Higher-Level Review or Supplemental Claim can challenge the percentage. See the rating decision guide for how to read what was actually decided.

I gained 40 pounds because chronic knee pain from service stopped my running. Can I claim obesity?

Obesity itself is not directly compensable. But VAOPGCPREC 1-2017 allows obesity to be an intermediate step in a causation chain. If the chain is service-connected knee condition causes weight gain causes a downstream condition (sleep apnea, hypertension, additional joint deterioration), the downstream condition is what you claim, with obesity as a documented intermediate cause.

My cavities started in service and I have evidence of it. Why won't the VA give me a rating?

Cavities, periodontal disease, and similar conditions are explicitly listed at 38 CFR 3.381 as compensable only for "treatment purposes," not for monthly disability. You can request service connection for VA dental treatment if you have not already, which gets you VA dental care without monthly compensation. For monthly compensation, the dental compensation rules at 38 CFR 4.150 require things like loss of teeth from trauma, jaw bone loss, or osteomyelitis.

I had LASIK in service and now have dry eye and halos at night. Compensable?

Routine, well-known side effects of elective LASIK are generally not service-connected. Unexpected or atypical complications (severe persistent dry eye well outside the norm, ectasia, or visual artifacts that go beyond what the consent form disclosed) can sometimes be service-connected, especially if the procedure was performed by a military provider and the complication is documented as unusual. A claim under this pathway usually benefits from a medical opinion characterizing the complication as atypical.

I was AWOL when I got hurt. Is there any path to compensation?

Generally no. Injuries incurred during a period of AWOL or desertion are barred under 38 U.S.C. 105 and 38 CFR 3.1(n). The narrow exceptions are: the AWOL determination was administratively overturned, the injury occurred before the AWOL period began but was first documented during it, or the underlying conduct does not actually meet the willful-misconduct definition. The VA has the burden to prove willful misconduct, so the line-of-duty finding can sometimes be challenged on appeal.

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