Presumptive Service Connection
In order to receive VA disability compensation, your disabling condition must be service connected. There are generally 5 ways for a Veteran to establish service connection which includes direct service connection, presumptive service connection, secondary service connection, service connection based on aggravation, and service connection based on 1151 claims. This series of blogs will examine each of the different service connection avenues and what is required for each. I previously discussed direct service connection here.
Another form of service connection for Veterans to be aware of is presumptive service connection. The VA will presume that certain conditions were caused by the Veteran’s military service provided certain and specific requirements are met. The VA has recognized several chronic conditions as being presumptive if they are diagnosed within one year of service. Veterans that served in Vietnam, and the surrounding waters, can receive VA disability compensation for certain conditions that may have been caused by Agent Orange Exposure. Gulf War Veterans are also eligible for certain conditions related to Burn Pit exposure. The VA recently expanded eligibility for additional presumptive conditions with the PACT Act. Because every Veteran’s situation is different, and it may be difficult to determine if you meet the eligibility requirements for these presumptive conditions, an experienced VA attorney can assist you to determine if you may qualify for these benefits.