For a veteran to qualify for disability benefits, their medical condition has to be service-connected. If they cannot prove this connection, then it is likely their benefits claim will be denied. Yet, over time, the U.S. Department of Veterans Affairs began noticing patterns of specific conditions that developed in veterans who served in similar circumstances. However, since these conditions were not diagnosed while in the military and did not meet the other requirements for service connection, they technically could not be considered service-connected conditions. As a result, to combat this problem, the Veterans Affairs office developed the VA Presumptive List.
What Exactly Is a “Presumptive” Service Connection?
Today, the VA recognizes that certain disabilities are caused by military service because of the exceptional circumstances surrounding this service. Consequently, if a specific condition is diagnosed in a veteran in a particular group, the VA will presume that the events of their service caused the disease, and compensation for their disability should be awarded.
What Conditions Are Included on the VA Presumptive List?
In general, if you are diagnosed with a chronic disease within one year of your release from active duty, you can apply for disability compensation. These chronic diseases include diabetes, hypertension, and arthritis. Plus, if you served continuously for at least 90 days and are diagnosed with Amyotrophic Lateral Sclerosis, or ALS, after discharge, you can also establish a connection between your service and the disease.
In addition, the following veterans may also qualify under the VA Presumptive List for disability benefits:
Former Prisoners of War
If a veteran was imprisoned for any length of time and suffered any of the following conditions, they can apply for disability compensation:
- Psychosis
- Anxiety
- Frostbite organic residuals
- Post-traumatic osteoarthritis
- Dysthymia disorder
- Stroke and its residual effects
- Heart disease or hypertensive vascular disease
Vietnam Veterans
If you were exposed to Agent Orange, served in the Republic of Vietnam, or were on a vessel operating 12 nautical miles or less from the demarcation line of the water of Cambodia and Vietnam between January 9, 1962, and May 7, 1975, you can apply for disability compensation if you suffer from one of the following:
- B-cell leukemia
- Chronic lymphocytic leukemia
- AL amyloidosis
- Type 2 diabetes
- Ischemic heart disease
- Non-Hodgkin’s lymphoma
- Parkinson’s
- Prostate cancer
- Respiratory cancer
- Hodgkin’s disease
- Soft-tissue sarcoma
- Bladder cancer
- Hypothyroidism
Atomic Veterans
To qualify as an Atomic Veteran, you need to have participated in an above-ground nuclear test from 1945 to 1962, been part of the military occupation forces around or in Hiroshima and Nagasaki before 1946, or held as a Prisoner of War in or near Hiroshima or Nagasaki. If you qualify under this category and you suffer from one of the following conditions, you can pursue disability benefits:
- Leukemia, except for chronic lymphocytic leukemia
- Most types of cancer, such as breast, thyroid, esophageal, stomach, pancreas, bile duct, gallbladder, urinary tract, bone, brain, lung, ovary, and colon cancer
- Multiple myeloma
- Lymphomas, other than Hodgkin’s disease
- Primary liver cancer, unless there are indications of hepatitis B or cirrhosis
Gulf War Veterans
Veterans who served in the Southwest Asia theater of military operations can also receive disability compensation for medically unexplained chronic multisymptom illnesses, defined by a cluster of symptoms or signs. To qualify under this category, the undiagnosed illness must have existed for at least six months and be at least 10% disabling by December 31, 2021.
This theater of operations includes Saudi Arabia, Iraq, Kuwait, Qatar, United Arab Emirates, Bahrain, Oman, the Gulf of Oman, the Gulf of Aden, the Arabian Sea, the Red Sea, the Persian Gulf, and the airspace above these locations.
Examples of signs and symptoms that are often associated with these medically unexplained chronic multisymptom illnesses and undiagnosed diseases include:
- Fibromyalgia
- Functional gastrointestinal disorder
- Symptoms involving the skin
- Fatigue or chronic fatigue syndrome
- Headaches
- Muscle and joint pain
- Neurological symptoms
- Respiratory symptoms
- Sleep issues
- Gastrointestinal symptoms
- Cardiovascular symptoms
- Menstrual issues
In addition, presumptive service connection can also be granted for certain infectious diseases if they are found compensable within a specific time period, including Q fever, Campylobacter jejuni, Malaria, Mycobacterium tuberculosis, and Brucellosis.
If You Have a Presumptive Condition, Fight for the Justice You Deserve
It is important to note that this list is not all-inclusive. That is why if you believe your medical condition qualifies for VA disability benefits, you should reach out to a VA disability lawyer as soon as possible. These lawyers can verify whether your disease or medical issue meets the regulations and pursue the money you need.
In addition, if your claim for VA disability benefits was denied (regardless of whether you have a presumptive condition), you should still contact a VA disability lawyer right away. These attorneys can review your claim and fight for the justice you deserve. For these reasons, do not wait any longer—contact an experienced VA disability lawyer today.
