Veterans disability compensation is available for any medical condition that was either caused or made worse by your military service. Usually, the VA will set up a compensation and pension exam during which a doctor will determine the extent of your injuries or illness and how they affect your ability to work. The VA will also review your military service records to determine whether these medical conditions are service related.
In some cases, the process of connecting your disability to your military service is easier. The VA has a list of conditions that are presumed to be service related. This presumption means that you no longer need to prove that your condition was caused or made worse by your service. Instead, your claim should be accepted as long as you establish the existence of a qualifying medical condition and in some cases your military service in a specific time and place.
Getting a Service Related Presumption May Depend on When and Where You Served
If you develop a chronic disease within one year of your discharge from the military, the VA may presume a service connection to your disability. Examples of chronic diseases include arthritis, anemia, cirrhosis, hypertension, Lupus, Raynaud’s disease, tuberculosis, and multiple sclerosis. Alternatively, if you served for more than 90 consecutive days, the VA will consider that any amyotrophic lateral sclerosis (ALS) that you develop after your discharge is service related.
The type of conditions that qualify for a presumption could also depend on the time and place of your military service:
- Vietnam veterans–If you served in Vietnam between Jan. 9, 1962, and May 7, 1975, the VA presumes that you were exposed to Agent Orange, which could cause conditions such as prostate cancer, Parkinsons, AL amyloidosis, leukemia, type 2 diabetes, Hodgkin’s disease, heart disease, and peripheral neuropathy.
- Gulf war veterans—The VA may compensate you for a variety of conditions that could have been caused by chemical exposure in South West Asia, including chronic fatigue syndrome, irritable bowel syndrome, insomnia, headaches, and muscle pain.
- Former prisoners of war–if you were a POW for any length of time, the VA presumes that your psychosis, anxiety, dysthymic disorder, frostbite injuries, post traumatic osteoarthritis, and heart disease are service related.
- Atomic veterans–If your military service exposed you to radiation in locations such as Portsmouth, Ohio, Paducah, Kentucky, Amchitka Island, Alaska, Oak Ridge, Tennessee, or any place where nuclear weapons were released into the atmosphere, the VA presumes a service connection for several types of cancer and leukemia.
- All veterans—any veteran suffering from ALS is presumed service connected.
These are just a few of the conditions that qualify for a service-related presumption. If you served in one of the theaters mentioned above and you have any chronic medical condition, it is likely that you will qualify for veterans disability compensation. After submitting your service records and attending the C&P exam, you can expect to get compensation for your disability.
A Veterans Benefits Lawyer Can Help
Unfortunately, the VA sometimes denies compensation to deserving veterans. If you believe that you have a condition or illness caused or worsened by your military service, and the VA denied your claim, the veterans disability lawyers at Jackson & MacNichol can help you get compensation. We can appeal the denial of your disability compensation or an unfairly low disability rating. If you want to get control over the compensation process, call us today at 1(888) 492-2941 for a free consultation about your options.