Chronic Service Disability – Related Diseases
Disability Compensation for Presumptive Conditions and Chronic Diseases
Many military veterans come home with long-term disabilities that result in what the Department of Veterans Affairs (VA) calls “presumptive conditions.” These presumptive conditions can affect both your physical and mental health.
If you experience a chronic condition connected to your military service, and you find that condition affecting your daily life, you may very well be entitled to compensation for the sacrifices you’ve made. However, applications for benefits can be difficult to pursue. At Kabb Veterans Law, we have the experience to pursue your application and to fight for you to get the benefits you’ve earned.
What Are Presumptive Conditions?
In many cases, the VA requires a veteran to be able to point to a specific incident that occurred during their military service that resulted in a disability. For example, a veteran who lost a limb when a mine or other explosive device detonated can point to that incident as the cause of disability. If you can’t point to the specific incident, the VA is likely to deny your claim for benefits.
Presumptive disability benefits don’t work this way. The VA assumes that certain health conditions were caused by military service, even if the veteran can’t name a specific incident that precipitated the condition. If you have a presumptive condition, you still need to apply for disability benefits — and the application process can be challenging — but you don’t have to prove the cause of the illness or injury.
The VA has a long list of possible presumptive conditions, including:
- Gulf War Syndrome (a mysterious combination of symptoms linked to service in the Persian Gulf)
- Arthritis
- Various types of psychosis and other serious mental health conditions, including post-traumatic stress disorder (PTSD)
- Radiation exposure (for veterans whose duties including handling radioactive materials), which can result in various cancers
- Exposure to Agent Orange (common for veterans who served in Vietnam and Korea)
- Diabetes
- Tinnitus
- Heart disease, including ischemic heart disease and blocked arteries
In addition, veterans who were held as prisoners of war often suffer from conditions created by the malnutrition and mistreatment they endured, and these are also considered presumptive conditions.
Potential Challenges We Help Veterans Overcome
There are many potential issues veterans face when trying to successfully claim disability compensation for presumptive conditions.
Potential issues include:
- Is the correct diagnosis a presumptive condition?
- Is there proof of required exposure to support a presumptive condition or nexus?
- What is the correct disability rating for the condition?
Non-Presumptive Conditions
If the condition is not a presumptive condition, the veteran in question must establish proof of nexus related to service with expert medical or psychological opinion.
Ken can help you navigate these difficult situations and will be there fighting for you every step of the way.
We Can Help You Seek Benefits for both Presumptive and Non-Presumptive Conditions
All too often, veterans applying for disability compensation find that their applications are denied by the VA. If you are experiencing one of these presumptive conditions, however, you shouldn’t take that denial as the final word.
At Kabb Veterans Law, we fight for veterans to receive the compensation for presumptive conditions related to U.S. military service. We work with you to appeal your denied claim, and we stand by your side to get you the benefits you deserve.
Call Ken Kabb if you need an advocate to help you with your claim for disability benefits at the VA.
