How Having a VA Presumptive Service Condition Can Help You Obtain Veteran Disability Benefits

Veterans Benefits Book on an Attorneys DeskYou may be eligible for Veterans disability benefits if you suffered a disability because of your service in the Armed Forces. When you apply for benefits, it may be easier to convince the United States Department of Veterans Affairs (VA) that you qualify for benefits if you have a presumptive service condition.

What Is a Presumptive Service Connection?

When applying for VA disability benefits, a person must provide evidence of his disability and the connection between his disability and his service in the Armed Forces. The VA presumes that certain medical conditions were caused by serving in the military because of the unique circumstances of specific types of military service. This is referred to as a presumptive service connection. If a Veteran’s disability meets this requirement, his application for benefits should be approved.

What Disabilities Are Considered Presumptive Service Conditions?

Certain medical conditions are presumed to be connected to a Veteran’s time serving our country under VA rules. Presumed disabilities include:

  • Chronic diseases, such as arthritis, diabetes, and hypertension, that are diagnosed within one year of a Veteran being released from active duty
  • Amyotrophic lateral sclerosis (ALS) if it is diagnosed after discharge and the Veteran served continuously for 90 days or more

In addition, the VA considers specific groups of Veterans who suffered certain disabilities to have suffered a presumptive service condition. Examples include

  • Former prisoners of war who have at least a 10 percent disability caused by conditions, such as psychosis, anxiety, heart disease, or stroke
  • Veterans serving in the Vietnam War exposed to Agent Orange who suffered medical conditions like B-cell leukemia, type 2 diabetes, Hodgkin’s disease, and prostate cancer
  • Veterans who were exposed to ionizing radiation and suffered leukemia or certain cancers 
  • Veterans who served in the Gulf War and suffered chronic fatigue syndrome, fibromyalgia, and other medical conditions that the VA believes warrants a presumptive service condition

Do you have questions about whether your disability qualifies as a presumptive service condition? Do you need help filing your application for benefits? Our experienced VA disability attorneys are here to help. Start a live chat or call our Roswell office to schedule a free consultation today.

 

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