Chronic Condition Claims

Veterans dealing with ongoing symptoms from a chronic condition may have entitlement to VA disability benefits if their diagnosis is service-connected.

Summary

• Military service can leave active duty personnel vulnerable to developing chronic conditions, such as ALS, chronic fatigue syndrome, and cancer.
• Veterans must establish a service connection for their chronic conditions to qualify for VA disability benefits.
• Chronic conditions may prove debilitating and financially burdensome for veterans and their families.
• The VA can adjust a veteran’s disability rating for a chronic condition depending on the current status of their symptoms.

If you suffer from a chronic condition that is connected to your service in the United States military, you may qualify for entitlement to service connection and receive veterans’ disability compensation.

The Department of Veterans Affairs (VA) provides benefits to former servicemembers who suffered injuries during active duty that now affect their civilian lives. Both physical and mental impairments can qualify you for these benefits, especially if your condition is chronic.

However, it is important to provide precise information on any application for benefits, as a simple mistake is likely to lead to a denial from the VA. VetLaw’s team of compassionate lawyers can help you pursue chronic condition claims and collect veterans’ disability compensation.

We can work to investigate the cause of your condition, trace its origin back to your time on active duty, and argue that it negatively affects your everyday life. Don’t hesitate to give us a call at (855) 573-1503 or submit a contact form to schedule a free consultation.

Common Chronic Conditions in Veterans

Chronic conditions affect thousands of US military veterans. Many of these conditions are so commonly reported that the VA sometimes assumes eligibility for benefits, under certain criteria. Examples of presumptive conditions for certain veterans include:

• Gulf War Syndrome, including IBS, chronic fatigue syndrome, or fibromyalgia, among others
• Diseases related to exposure to Agent Orange, including but not limited to diabetes, ischemic heart disease, and many cancers
• Cancers and other illnesses related to service at Camp Lejeune
• Conditions related to time as a prisoner of war
• ALS or Lou Gehrig’s Disease

Those who do not suffer from an automatically qualifying impairment may still pursue chronic condition claims with the guidance of a VA-accredited attorney. Many cancers, and respiratory, gastrointestinal, and mental health problems are chronic and may be traceable to active duty.

Pursuing VA Benefits for a Chronic Condition

Serving in the military comes with inherent risks. Whether a person serves in combat, a logistics position, or an administrative role, they are vulnerable to sustaining injuries. The first step to filing a successful chronic condition claim and proving entitlement to service connection is demonstrating that the injury occurred while on active duty.

A service-related injury would qualify regardless of whether it was sustained in combat, training accidents, or in an office setting. However, not all service-connected conditions automatically qualify a veteran for disability benefits.

A former servicemember’s impairment must hinder their ability to perform daily tasks for the VA to award them compensation. A doctor’s note and service records can help indicate the chronic nature of a veteran’s condition.

In some cases, a medical nexus opinion may be needed. Finally, only veterans who are discharged under honorable conditions can collect disability benefits from the VA. Providing a DD-214 form can help meet this requirement.

Ask a VetLaw VA Disability Attorney about Chronic Condition Claims Today

Chronic diseases or physical conditions may be the result of long-term exposure to harsh weather, toxic substances, or environmental hazards in the military. Fortunately, former servicemembers can file chronic condition claims to receive compensation for their losses.

If you suffer from a chronic condition that affects your daily activities and is the result of your active duty service, you should consider reaching out to VetLaw’s team of attorneys for legal advice. A well-versed and compassionate lawyer from VetLaw can help you determine your eligibility for VA disability compensation.

We can also help if you have already submitted an application and received a denial of benefits. Contact our firm immediately to give yourself the best chance for success. You can reach us at (855) 573-1503 or submit a contact form to schedule a free consultation.

Frequently Asked Questions

Can veterans receive VA disability benefits for pre-existing chronic conditions?

It is technically possible for a veteran with a pre-existing chronic condition to secure a VA disability rating and benefits, provided that their military service aggravated the condition beyond the expected progression of symptoms.

Keep in mind that many chronic conditions, such as diabetes, disqualify people from joining the military in the first place. In most cases, if a veteran is collecting VA disability benefits for a chronic condition that they had when they entered the military, at least one of the following applies:

• Their symptoms were originally very mild and did not interfere with their work.
• The chronic condition is generally mild in nature.
• The veteran’s chronic condition was dormant or asymptomatic until their military service activated or exacerbated it.

If you believe you have an undiagnosed chronic condition that predates your military service and you are now trying to obtain VA disability benefits due to worsening symptoms, it can be difficult to establish eligibility.

A veterans chronic condition disability claims lawyer may be able to help you prove your condition was pre-existing and aggravated by your service.

Are VA ratings for chronic disabilities permanent?

The permanence of your VA disability rating for your chronic condition depends on whether the VA expects your symptoms to improve. For example, if a veteran lost their sight in an active duty accident, they would have a permanent VA disability rating as their condition will remain stable.

With chronic conditions that are progressive, like Multiple Sclerosis, a veteran’s symptoms will continue to worsen over time. Other chronic conditions, such as migraines or asthma, may range in severity and frequency depending on a variety of factors. In these cases, the VA may adjust the veteran’s disability rating accordingly.

Even if the symptoms directly related to your chronic condition remain stable, you may still be able to increase your overall combined VA disability rating if your service-connected chronic condition causes you to develop a distinct secondary condition that has a minimum 10% rating.

How does the VA’s twenty year rule impact chronic condition claims?

After a veteran has received VA disability benefits for a mental or physical condition for 20 years, they qualify for certain protections according to the VA’s 20-year rule. Consider an example of a veteran who has a service-related chronic condition. 

They have consistently collected VA disability benefits for 20 years at different compensation rates. Originally, they held a 40% VA disability rating, but over time the VA increased it to 50%, then 60%. 

With the 20-year rule, the VA must offer them some level of benefits based on their fulfillment of the rule’s criteria. Specifically, the VA can’t issue the vet in this example disability compensation below the 40% rate, even if their symptoms currently align with a lower rating.