Disability Claims for Presumptive Service-Connected Conditions
The VA recognizes that the development of certain medical issues is probable under various circumstances veterans encounter while on active duty, so it simplifies the process of securing disability benefits for these presumptive conditions by assuming a service connection exists.
Summary
- Certain conditions are automatically presumed to be service-connected, making it easier for veterans to claim VA disability benefits.
- Veterans must demonstrate their disabling condition arose within one year of discharge to qualify under presumptive service connection.
- Examples of presumptive conditions include mental health conditions, arthritis, heart disease, diabetes, and tinnitus. Additionally, presumptive service-connected conditions can include conditions linked to specific exposures, like Agent Orange or burn pits.
- Veterans can claim presumptive conditions if exposed to recognized hazards or events, such as toxic chemicals or being a POW, during their service.
The VA’s disability compensation benefits program can provide income to veterans who suffer from a disability, which resulted from a service-related injury. To receive payments, you must prove that you currently suffer from a disabling condition and that your condition is connected to your time on active duty.
Additionally, you must show that you received a discharge from the military under honorable conditions. However, certain circumstances would automatically qualify a former servicemember for benefits.
Presumptive service-connected conditions can expedite your pursuit of benefits, but it is your responsibility to demonstrate that your condition exists and attribute it to active duty within a certain time frame after leaving the service.
VetLaw’s team of seasoned VA disability claim attorneys can help you prove a presumptive service-related condition in order to facilitate your claim’s success. Reach out to us at (855) 573-1503 or submit a contact form to schedule a free consultation.
Defining a Condition as Service-Connected
Applications for VA disability benefits require a veteran to demonstrate that they suffer from a service-related injury. This usually involves pointing to a specific incident that occurred during active-duty service that resulted in a disabling condition.
For example, former servicemembers may have been exposed to toxic chemicals, loud noises, or environmental hazards during their time in uniform. An inability to make this connection is a common reason for the VA to deny a claim for benefits.
This can lead a veteran to file an appeal, but the appellate process can often take many months or even years to resolve. Fortunately, a veteran who qualifies with a presumptive service-connected condition can quickly satisfy this essential requirement.
Without this major hurdle, the process can become much simpler. In fact, cases based on presumptive conditions are sometimes referred to as guaranteed VA disability claims. Although the name suggests automatic approval, veterans still have to prove they meet the eligibility requirements for benefits.
Examples and Effects of Presumptive Service-Connected Conditions
The VA assumes a connection to service for some of the conditions that afflict former members. Although time-frames vary, the majority of these diagnoses must be rendered within one year from the date of active duty release to qualify for benefits.
An example of some of the diseases presumed related to active duty if diagnosed within one year of active duty service include:
- Certain mental health conditions known as psychoses
- Arthritis
- Certain heart diseases including arteriosclerosis and hypertension
- Diabetes Mellitus
- Tinnitus
- Many other chronic illnesses
Other conditions may be presumptive depending on your location of service. For example, service in Vietnam and exposure to Agent Orange may qualify you for additional presumptive conditions.
If you can establish that you suffered from one or more of these conditions within one year of discharge from the military, and as long as the condition is at least 10 percent disabling, the VA will assume that your disability is service-related.
A VA-accredited attorney can help you gather evidence to prove your presumptive condition and form the necessary timeline to allow the VA to presume entitlement to service connection.
Examples of In-Service Experiences With VA-Recognized Presumptive Conditions
The VA offers compensation for presumptive conditions attributable to general occupational hazards, such as hearing loss from working in an aircraft hangar. However, it also recognizes specific instances of shared in-service experiences that resulted in certain injuries and illnesses.
In most of these cases, the VA has established parameters to define the event or conditions under which military personnel were put at an increased risk for particular medical issues. Veterans must show that they experienced these circumstances within the time period, location, and frequency or intensity that the VA has stipulated.
There are several recent examples of cases where the VA has acknowledged multiple presumptive service-related conditions, including:
- Toxic exposure to burn pits and oil well fires for Gulf War and post-9/11 veterans
- Chemical exposure to contaminated water at Camp Lejeune
- Exposure to Agent Orange during the Vietnam War
- Spending time as a Prisoner of War (POW)
- Exposure to ionizing radiation related to testing, clean up, or transportation of nuclear materials, or as a POW
Although presumptive conditions have a reputation as the easiest VA disability claims to get approved, that is not always the reality for veterans.
Call a VetLaw Attorney to Learn More About Presumptive Service-Connected Conditions
Many former servicemembers find that the application process for obtaining VA disability compensation benefits is complex and confusing. Often even more frustrating is the requirement to connect your current disabling condition to your time spent on active duty.
You may have a presumptive service-connected condition if you now suffer from a disability that arose within one year of your leaving the military and that condition is at least 10 percent disabling.
VetLaw’s team of dedicated veterans disability appeals lawyers can provide more information about presumptive service-related conditions and how they may lead to a successful VA disability compensation claim.
Call us to learn about your options if your condition may be presumptively related to your active duty service. You can reach us at (855) 573-1503 or complete a contact form to schedule your free consultation with our team.
Frequently Asked Questions
What presumptive service-related conditions did the PACT Act add?
In 2022, the Honoring Our PACT Act made great strides in recognizing conditions caused by in-service toxic exposure as presumptive. For veterans who served during the Gulf War era and after 9/11, the following now qualify as PACT ACT presumptive conditions with the VA:
- Asthma (excluding pre-existing asthma)
- Brain cancer
- Bronchiolitis (constrictive or obliterative)
- Bronchitis (chronic)
- Chronic obstructive pulmonary disease (COPD)
- Emphysema
- Gastrointestinal cancer
- Glioblastoma
- Granulomatous disease
- Head cancers
- Interstitial lung disease (ILD)
- Kidney cancer
- Lymphoma
- Melanoma
- Neck cancers
- Pancreatic cancer
- Pleuritis
- Pulmonary fibrosis
- Reproductive cancers
- Respiratory cancers
- Rhinitis (chronic)
- Sarcoidosis
- Sinusitis (chronic)
For Vietnam War-era veterans, hypertension and MGUS are now presumptive service-related conditions.
Does the VA consider PTSD to be a presumptive condition for Military Sexual Trauma?
For veteran PTSD disability claims, the VA requires proof you experienced a stressor while serving that’s connected to your PTSD. The VA also specifies what kinds of experiences count as stressors. Military Sexual Trauma, along with other types of events, qualifies as traumatic incidents for VA PTSD claims.
What if I meet the service requirements for a presumptive condition, but the VA does not recognize my health issue as presumptive?
The VA’s presumptive conditions list for in-service events does not exclude the possibility of veterans developing other service-related injuries or illnesses under those same circumstances.
That means even if your physical or mental condition isn’t classified as presumptive, but you still believe that it is connected to your military service, you can still pursue a VA disability claim.
