VA Disability Conditions: Can the VA Deny Presumptive Conditions? Here’s What You Need to Know

Presumptive conditions, a group of diseases believed by the VA to result in disability, allow applicants to claim disability benefits, but must prove active duty during relevant conditions.

(Credit: Reuters)

VA Disability Conditions: The term “presumptive conditions” refers to a group of diseases that the Department of Veterans Affairs (VA) believes inherently result in disability. Even though the applicant has some of these conditions, the VA has the right to reject a claim in specific situations.

The presumption that military service results in presumptive conditions opens the door for applicants for disability benefits. To be eligible for compensation, the applicant only needs to demonstrate that they are afflicted with any of these conditions and fulfil the VA’s service requirements.

The challenge for applicants is to demonstrate that they were serving on active duty during a period and location that the VA deems related to the presumptive conditions. If you are unable to provide any proof, the VA will probably reject your application.

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The PACT Act, enacted in 2022, broadened the range of presumptive requirements, locations, and periods that one must have fulfilled to be eligible for disability benefits.

POWs and Vietnam veterans, particularly those who were exposed to Agent Orange, are two groups whose presumptive status can be automatically associated with their military service.

Veterans of the Gulf War, the post-9/11 era, atomic bomb survivors exposed to ionizing radiation, and individuals exposed to the so-called Burn Pits can also attribute their presumed condition to their military service.

If the VA turns down your claim for disability benefits, even if you have proof of a presumed illness, you still have options. You can then file a Supplemental Claim in which you give more information about your time in the military.

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If you can show that you are in one of the groups the VA has identified as being linked to the presumptive conditions, you will get your benefit. You can go to the Board of Veterans’ Appeals and make your case if you are still not getting benefits.

Eduvast Desk