VA Disability Benefits and Presumptive Service Connections

VA Disability Benefits and Presumptive Service Connections

In some cases, veterans seeking disability benefits through the Veterans Administration must be able to show how their disability is connected to their military service. There are other cases, however, in which it is presumed the veteran’s condition was related to his or her military service. Veterans who fall into any of the below-described categories may find it easier to qualify for veterans’ disability benefits.

Who is Presumed to Have a Service-Related Condition?

  1. For veterans diagnosed with chronic diseases like arthritis, diabetes, or hypertension within one year of their release from active duty, a presumption exists that such conditions are service-related. Such veterans should apply for veterans’ disability benefits.
  2. Veterans diagnosed with amyotrophic lateral sclerosis/Lou Gehrig’s disease any time after their discharge or release from active duty are presumed to have a service-related disability that qualifies them for disability benefits, so long as they had active, continuous service of 90 days or more.
  3. Veterans belonging to the following groups may also have a presumed service-related disability:
    1. Former prisoners of war who were imprisoned for any length of time and are at least ten percent disabled by psychosis, any anxiety state, dysthymic disorder, or other conditions are presumed to have a service-related disability. Prisoners of war who were imprisoned for at least 30 days and are at least ten percent disabled by conditions such as avitaminosis, beriberi, chronic dysentery, or certain other nutritional deficiencies are also presumed to have service-related disabilities.
    2. Vietnam veterans who served in the Republic of Vietnam between January 9, 1962 and May 7, 1975, who were exposed to Agent Orange and who subsequently developed certain conditions or cancers are presumed to have a service-related condition.
    3. Veterans who participated in atmospheric nuclear testing, who occupied or who were prisoners of war in Hiroshima or Nagasaki, or who served at a diffusion plant in Paducah, KY, Portsmouth, OH, or Oak Ridge, TN prior to February 1, 1992, and who developed leukemia or certain cancers are presumed to have a service-related disability.
    4. Finally, Gulf War veterans who were at least ten percent disabled by December 31, 2011 with conditions such as chronic fatigue syndrome, fibromyalgia, or irritable bowel syndrome can be found to have a service-related condition.

Seek Help from a South Carolina Veterans’ Disability Attorney

It goes without saying that in order to take advantage of these presumptions, a veteran must show that he or she falls into one of the above-mentioned categories. This requires assembling and presenting evidence of your military service and medical history. At the Klok Law Firm, LLC, we can help you prepare and submit the documents necessary to obtain veterans’ disability benefits. If you are a veteran and suffer from a disabling condition, contact us immediately at (843) 216-8860 for a free consultation. We will analyze the details of your situation to determine if any presumptions in your favor apply and will help you assemble the necessary documentation. The sooner you speak with us, the quicker we can help.