What Is Concession
Concession is the VA's formal admission that an in-service event or stressor actually occurred. Once the VA concedes an in-service event, you've satisfied the first of three elements required to establish service connection. You still need medical evidence linking your current condition to that event, and a provider's opinion establishing the nexus between them.
When Concession Matters
Concession accelerates your claim by removing one barrier. Without it, you must prove the event happened using military records, buddy statements, or other documentation. The VA denies many claims at the initial stage simply because the Regional Processing Office finds insufficient evidence that the stressor or incident occurred, even when the medical evidence is strong.
For PTSD claims specifically, concession of a Qualifying in-Service Stressor Event (QISE) is mandatory under 38 CFR 3.304(f). The VA must concede any stressor that is consistent with your military service, based on information you provide and corroborating evidence in your file.
For other conditions like combat-related injuries, the VA may concede an in-service event directly from your DD-214 or service medical records without requiring additional documentation from you.
How Concession Affects Your Claim
When the VA concedes an in-service event, the burden of proof shifts for the remaining elements. You then focus your evidence on:
- Medical documentation of your current condition (typically gathered during your Compensation and Pension exam)
- A nexus opinion from a VA-contracted examiner or private medical provider explaining the connection between the service event and your disability
A strong nexus letter from your private physician can carry significant weight, especially if the examiner at your C&P exam provides only a weak or inconclusive opinion. The VA will weigh both medical opinions when rating your condition.
Concession in Appeals
If the VA denies your initial claim but concedes the in-service event in the rating decision, you have a clearer path on appeal. Your Veterans Service Officer or attorney can focus appeal arguments on inadequate medical evidence or faulty nexus reasoning, rather than fighting about whether the event occurred.
Conversely, if the VA fails to concede the in-service event when it should have, your VSO or appeal representative can request remand to the Regional Office for proper concession before proceeding with the medical elements of your appeal.
Common Questions
- Does concession guarantee a rating? No. Concession only confirms the event happened. The VA must still find a current medical condition connected to that event and assign a rating based on severity. You can have a conceded stressor and still receive a denial if the medical evidence doesn't support the nexus.
- Can the VA take back a concession? Rarely. Once conceded in a final rating decision, the VA generally cannot reverse it without clear evidence of fraud or material misrepresentation. However, concessions made in early development letters may be reconsidered if you receive a subsequent denial.
- What counts as evidence the VA will use for concession? Military records, service buddy statements, newspaper clippings about documented incidents, your own statements about the event, and any medical records from your service period that reference the stressor or injury.