Imagine This…

You served your country, but now you’re struggling with a serious health condition. You file for VA disability compensation—only to hear the VA call it a “congenital defect” and deny your claim. Confused? Frustrated? You’re not alone.

The difference between a congenital defect and a disease is one of the most misunderstood areas in VA disability law—and the VA often gets it wrong. That mistake could cost you thousands of dollars in tax-free benefits every single month.

At National Security Law Firm (NSLF), we help veterans cut through this confusion, prove service connection, and maximize their benefits. Here’s what you need to know.

What Is a Congenital Defect?

A congenital defect is a condition you’re born with. It’s considered static—a structural issue that doesn’t usually progress on its own. Examples include:

  • Cleft lip or palate

  • Spina bifida

  • Clubfoot

  • Certain heart defects

How the VA Views It:

  • By default, congenital defects are considered to pre-exist service and are not compensable.

  • BUT if your military service aggravated the defect—making it worse than its natural progression—the aggravated portion can be compensable.

  • In some cases, a congenital defect can lead to a secondary condition (like arthritis caused by an abnormal gait). That secondary condition may be service-connected even if the defect itself isn’t.

What Is a Disease?

A disease is different. Diseases develop during or after service and can be caused or aggravated by exposure, injury, or other service-related factors. Examples include:

  • Diabetes

  • Hypertension

  • PTSD or depression

  • Certain cancers

How the VA Views It:

  • If a disease can be linked to your service, it’s generally eligible for disability compensation.

  • To prove service connection, you need:

    1. Diagnosis – a current medical diagnosis.

    2. In-service event or aggravation – evidence it started or worsened during service.

    3. Nexus – a doctor’s opinion stating it is “at least as likely as not” related to service.

How the VA Treats Congenital Defects vs. Diseases

  • Congenital Defects: Not automatically compensable, but can be if aggravated by service or if they cause a service-connected secondary condition.

  • Diseases: Compensable if you can show service connection with medical and service records.

The problem? The VA sometimes mislabels a disease as a defect to avoid paying benefits. That’s where experienced legal advocacy can change everything.

Filing a Claim

  1. Gather Evidence – Collect service treatment records, private medical records, and nexus opinions.

  2. File VA Form 21-526EZ – Include details about your condition and how service aggravated or caused it.

  3. C&P Exam – Be prepared to explain symptoms, onset, and progression.

  4. VA Decision – The VA will issue a decision, which can be appealed if denied.

Common Questions

What if my claim is denied as a “defect”?
You can appeal. Many denials are overturned on appeal when the right medical evidence is submitted.

Can I get benefits for both a defect and a disease?
Yes—if you have a congenital defect that was aggravated in service and a disease caused by service, you can receive compensation for both.

How long does it take?
The average initial claim takes around 4 months. Appeals can take longer, but with strong evidence, cases can move faster.

Why NSLF

When it comes to congenital defect vs. disease claims, you need a team that knows how the VA works—and how they try to dodge paying benefits.

  • Veteran-Founded: Brett O’Brien, disabled Army veteran, created NSLF after the VA denied his own claim. He’s been in your shoes.

  • Built by Disabled Veterans: Many of our attorneys and paralegals are disabled vets themselves.

  • 4.9 Stars on Google Reviews: See what veterans say about us.

How Much Does It Cost?

We make it simple: you pay only if we win.

  • Initial appeals (HLR, Supplemental, NOD): Contingency—no upfront fee.

  • CAVC or complex appeals: Percentage of back pay recovered.

See more on our VA Disability Pricing page.

Should You Hire a Lawyer?

Here’s the truth: a lawyer can pay for themselves many times over.

Example:

  • A veteran’s claim is denied as a “congenital defect.”

  • With an attorney, they prove aggravation and secondary conditions.

  • They go from 0% to 70%: $0/month → $1,716/month, tax-free for life.

That’s nearly $20,000/year—and over $200,000 in just 10 years. Without legal help, they’d get nothing.

Check out our full guide: Do You Need a Lawyer for Your VA Disability Claim?

Additional Resources

Explore our VA Disability Education & Legal Strategy Center—the ultimate hub for veterans. Whether you’re filing alone, with a VSO, or with us, it’s packed with guides on maximizing benefits, speeding up appeals, and avoiding VA traps.

Final Thoughts – Take Action

The VA draws a fine line between congenital defects and diseases—and they often get it wrong. That mistake can cost you a lifetime of benefits.

At National Security Law Firm, we’ve built the strongest VA team in the country to fight for veterans just like you. We make the process easier, clearer, and—most importantly—successful.

If you’re worried about how the VA labeled your condition, don’t wait. We handle cases nationwide and will treat your fight like it’s our own.

National Security Law Firm: It’s Our Turn to Fight for You.