For approximately 120 conditions, the Department of Veterans Affairs automatically presumes that they were caused by service. Therefore, no proof is needed to verify, and you will qualify for the benefits as long as you meet the requirements. It was made as a way to streamline the disability claims process for veterans. If you think you may qualify for presumptive service connection, read more to see what it all entails.
The Benefits
The VA offers many different benefits for presumptive service connections. For instance, they are offered disability compensation, which is a monthly tax-free payment, VA health care, and other benefits, which may include burial benefits, educational assistance, home loan guarantees, and more.
How the VA Determines Presumptive Service Connections
Veterans cannot just say they have a presumptive service condition without some sort of proof. The best way to go about this is to obtain a medical diagnosis within the time frame allowed to apply. The doctor could also provide evidence that the condition was happening within the time frame as well. Other evidence could be testimonies from families or friends indicating that the veteran was having symptoms of the condition during the time period. A lot of times, having an attorney to help you obtain all the evidence needed to get the presumptive service connection would be helpful.
How to Apply
When applying for Presumptive Service Connection, first you need to determine your eligibility, next you gather evidence with medical records, and lastly you will have to file a claim. It takes around 107 days to complete and make a decision on these claims. When the VA gets your claim, they go through a process.
VA Process
First, they will let you know that they received your claim. Then they will have an initial review where they will check that you provided all the basic information needed. Next, they will gather evidence, such as reviewing medical records. If they need more evidence, they will get in contact with you and let you know. If you provide more evidence after this step, they will put your application back to this step and review what was submitted. After reviewing the evidence, they will decide on your claim and determine your disability rating. Lastly, they will prepare a decision letter, have someone review it, and then the claim decision will be sent out. If you disagree with the decision from the VA, there is a chance to have the VA review your decision.
Read More: How to file a VA disability claim
Type of Conditions Accepted
These types of conditions must happen within one year of discharge to a degree of 10% disability or more. Below are a few examples of what would qualify for this type of presumptive service connection.
- Arthritis
- Brain hemorrhage
- Pychoses
- Malignant Tumors
- Ulcers
Tropical Diseases must show up soon after discharge in order to qualify. Here are a few examples that may occur.
- Blackwater Fever
- Chlorea
- Malaria
- Oroya Fever
- Yellow Fever
Here is an example of a presumptive service condition that can show up at any time after discharge.
- Amyorophic Lateral Sclerosis (ALS)
It’s best to note that these are just a few examples of what may qualify as a presumptive service condition. There are over 100 different conditions that may qualify for it.
Apply For Presumptive Service Connection
If you are a veteran or know a veteran who may be eligible for a presumptive service connection, contact Coskrey Law. They will be able to help you obtain all the evidence to submit the application and determine whether you are eligible. Feel free to reach out and get help from them as you go through this process.