Veterans who have disabling medical conditions may qualify for disability benefits from the VA if they can demonstrate a connection between their condition and their military service – in other words, that their military service caused or worsened their condition. However, federal law and VA regulations recognize some conditions as automatically having a service connection. These “presumptive” conditions eliminate the need for veterans to prove a service connection to qualify for VA disability benefits.
Understanding Presumptive Conditions
Presumptive conditions include medical conditions that the VA has deemed to have a connection to a veteran’s military service. When a veteran has a disability that qualifies as a presumptive condition, they do not have to prove a service connection to obtain VA disability benefits. Presumptive conditions streamline the disability benefits application process for certain groups of veterans.
Common Categories of Presumptive Conditions
Some of the most commonly cited categories of presumptive conditions for VA disability claims include:
- Certain cancers, hypertension, and Parkinson’s disease caused by Agent Orange exposure during the Vietnam War era
- Various cancers, respiratory conditions, and Gulf War Syndrome caused by exposure to burn pits or other toxic chemicals in combat theaters during the Gulf War and the Global War on Terror
- Chronic health conditions that manifest symptoms within the first year after a veteran’s discharge from the military
- Chronic conditions developed by prisoners of war
- Conditions linked to service in specific countries during certain years
Eligibility Criteria for Presumptive Conditions
A veteran can establish that they have a presumptive condition by presenting medical evidence of a formal diagnosis of the condition and meeting the eligibility criteria for the presumptive condition. The eligibility criteria require a veteran to have served in a specific military conflict, such as the Vietnam War or Gulf War, in a particular part of the world during a specific timeframe, or have had exposure to a toxic substance or radioactive source (such as nuclear weapons). Each presumptive condition will have specific eligibility criteria, which ensure that the veteran experienced the in-service events that would have caused their medical condition.
As a result, veterans will also need to submit their service records and potentially buddy statements from former commanding officers or unit members to corroborate that they meet the eligibility criteria for their particular presumptive condition.
Benefits of a Presumptive Condition Designation
Having a presumptive condition can provide advantages when applying for VA disability benefits. First, a presumptive condition can ease the burden of proof to show that a veteran qualifies for VA disability benefits. Rather than having to prove a service connection for a medical condition, a veteran with a presumptive condition only needs to have a formal diagnosis and show they had the specific military service required for the condition. Presumptive conditions can also expedite the application process and increase the likelihood that a veteran will have their claim for disability benefits approved. Finally, a presumptive condition can increase the chances of receiving back pay.
What to Do If You Don’t Have a Condition on the Presumptive Condition List?
Suppose you do not have a medical condition designated as a presumptive condition or do not meet the specific eligibility criteria for your condition to qualify as a presumptive condition. In that case, you can still apply for VA disability benefits. However, you will need to submit evidence proving a service connection for your disability.
Contact a VA Disability Lawyer Today
Contact Veterans Law Attorneys today for a free, no-obligation consultation with an experienced VA disability attorney to learn more about presumptive conditions and discuss whether you may have an injury or illness that qualifies you for disability benefits.