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    3.  » VA Disability Compensation – Possible Presumptive Conditions

VA Disability Compensation – Possible Presumptive Conditions

Some conditions, depending on the dates and locations of active duty, are eligible for “presumptive” status, meaning that the VA process presumes that active-duty service caused these conditions. It is then up to the VA to disprove the connection. These can include, but are not limited to:

  • Lou Gehrig’s disease (ALS)
  • Hodgkin’s disease
  • Prostate cancer
  • Diabetes mellitus (Type 2)
  • Chronic lymphocytic leukemia
  • Chronic fatigue syndrome
  • Fibromyalgia

Prisoners of war can receive presumptive status for certain medical conditions, such as psychosis, anxiety, post-traumatic osteoarthritis, heart disease, or stroke.

During the Vietnam War, U.S. military forces used herbicides in Vietnam and Laos to remove forest cover, destroy crops, and clear vegetation from the perimeters of U.S. bases. This effort lasted from 1962 to 1971. Since that time, the VA has determined that a positive association exists between exposure to herbicides and the subsequent development of 11 conditions, which also have presumptive status:

  • Chloracne
  • Non-Hodgkin’s lymphoma
  • Soft tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma)
  • Hodgkin’s disease
  • Porphyria cutanea tarda (PCT)
  • Multiple myeloma
  • Acute and subacute peripheral neuropathy
  • Prostate cancer
  • Respiratory cancers (cancers of the lung, bronchus, larynx, and trachea)
  • Type 2 diabetes (also known as Type II diabetes mellitus or adult-onset diabetes)
  • Chronic lymphocytic leukemia (CLL)
  • B-Cell Leukemias
  • Parkinson’s disease
  • Ischemic Heart Disease

Contact us online or call 888-534-6016 for assistance in obtaining advice on applying for veterans disability compensation benefits or appealing an unfavorable decision.

Case Example

QR successfully represented an individual from Westmoreland County with several service-connected medical conditions in their VA disability compensation appeal for Individual Unemployability (TDIU benefits). QR worked to gather all of the Veteran’s treatment records and attended an informal conference with a Decision Review Officer. By focusing on the Veteran’s psychological impairments, we were able to convince the Decision Review Officer that the individual would not meet the non-exertional requirements for full-time or part-time substantial gainful activity. With this successful argument, QR was able to secure approximately 5 years of retroactive benefits for the Veteran, along with a 100% pay rate per month on a permanent basis.

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