Presumptive Disability Benefits

Presumptive Disability Benefits

There are some conditions experienced by veterans that are so unique to their military service that the VA automatically presumes that they are service-related. As a result, disability compensation is awarded without question. These conditions fall into certain groups, and are generally classified as conditions picked up from certain locations throughout the world or a specific war. If you have one of these presumptive disabilities, the veterans’ benefits attorney at Klok Law Firm LLC can help you file your claim and ensure that you receive the presumptive disability benefits the government owes you without trouble.

Presumptive Disabilities

Because many diseases are only contracted in certain parts of the country, or because only certain types of military activity result in particular conditions, the VA has made sure that veterans who present symptoms of those conditions are able to obtain benefits without trouble. The following veterans, diseases, and conditions are eligible for a “presumptive disability” rating:

  • Certain chronic and tropical diseases, such as diabetes mellitus, arthritis, and multiple sclerosis (for the complete list, check out 38 CFR 3.309)
  • Lou Gehrig’s Disease (Amyotrophic Lateral Sclerosis (ALS))
  • Conditions obtained as the result of being a Prisoner of War (POW), such as psychosis, any form of anxiety, residuals of frostbite, hypertensive vascular disease, stroke and its complications, irritable bowel syndrome, and several other conditions
  • Veterans exposed to Agent Orange and other herbicides, and who exhibit symptoms of conditions such as Parkinson’s disease, prostate cancer, Hodgkin’s disease, respiratory cancers, and soft-tissue sarcoma (for the complete list, see Military.com’s page on Agent Orange)
  • Gulf War veterans with chronic disabilities
  • Conditions obtained as a result of one’s time at Camp Lejeune

If you or your conditions qualify for any of the above, you should not have any trouble in collecting compensation for your injuries. However, things can often be much more difficult than they have to be, and you may have issue with the VA denying your presumptive disability claim, even if your condition is listed as a presumptive disability. If this happens, a Mount Pleasant veterans’ benefits attorney can help you appeal the VA’s decision and assist you in getting benefits as soon as possible.

Why Are There Presumptive Disabilities?

Presumptive disabilities were created for a number of reasons. For one, they make it much less burdensome for an injured or disabled veteran to file their claim and obtain compensation. They also eliminate the expense and time typically required in the investigation of a veterans’ claim. And finally, they make it easier for particular types of claimants to establish their claims despite the fact that not all of the typically necessary evidence is available. For instance, if a veteran who was exposed to Agent Orange develops lung cancer years after returning home and files a claim upon learning of the development, exposure data (which would typically be required) is likely unavailable, as it should have been collected within a certain period of time. However, the fact that he or she was exposed to Agent Orange is enough to establish that his or her particular condition was a result of such toxic exposure.

Consult a Mount Pleasant Veterans’ Disability Attorney

If you or a loved one suffer from one of the presumptive disabilities listed here or on the VA’s website, you are automatically entitled to benefits. If for whatever reason, you are denied those benefits, the Veterans’ benefits attorney at Klok Law Firm LLC, will advocate on your behalf to help ensure that the VA corrects its mistake.

Contact us today for a free consultation.

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