Amezquita v. Collins — Asymptomatic preexisting conditions may be noted at service entry under § 1111

Edward Amezquita appealed a Veterans Court decision affirming the Board’s denial of service connection for a left shoulder disability. He had undergone a Bankart repair before service, and his entrance examination listed that surgery in the defects section while also stating he was asymptomatic and had no physical limitations. The Board treated the condition as noted at entry, applied the aggravation framework under 38 U.S.C. § 1153, and found no in-service aggravation. The Veterans Court affirmed, relying on Verdon v. Brown to conclude that an asymptomatic condition may still be noted as a preexisting defect under § 1111.

The Federal Circuit agreed with the Veterans Court’s interpretation of § 1111. It explained that the statute does not limit defects, infirmities, or disorders noted at entry to conditions that were symptomatic at the time of the examination. The court held that an asymptomatic condition can be noted as preexisting under the presumption-of-soundness statute. The court then dismissed Amezquita’s argument that his condition had been resolved on entry because that challenge attacked factual findings beyond Federal Circuit jurisdiction under 38 U.S.C. § 7292(d)(2).

Under 38 U.S.C. § 1111, a condition may be “noted” at service entry even if it is asymptomatic, so the presumption of soundness does not attach and the claim proceeds under the aggravation framework if the condition was identified on the entrance examination.

An asymptomatic entrance notation can be enough to defeat the presumption of soundness. Veterans and advocates should not assume symptom-free status at enlistment preserves § 1111 protection if the condition was recorded in the entrance exam documents.

This decision reinforces a practical threshold issue in service-connection cases: what counts as a condition “noted” on entry. It matters because that finding changes the veteran’s burden from soundness to aggravation, which can materially affect the evidence needed to win.

Incorrectly treating an entrance notation as irrelevant because the condition was asymptomatic.

A veteran enters service with prior knee surgery listed in the entrance exam as asymptomatic and unrestricted. If the knee later worsens, the agency may apply aggravation analysis rather than the presumption of soundness.

Use this case when the record shows a preexisting condition was recorded at entry, even without symptoms, to argue that § 1111 does not apply. It is also useful for defending Board findings that shift the analysis to aggravation under § 1153.

Verdon v. Brown, Terry v. Principi, Wagner v. Principi