Seeking veterans’ disability benefits can be a complex and sometimes bewildering process. However, in some cases, veterans can use a more streamlined approach to winning the compensation they need. This is where applicants need to know about the presumptive service connection.
Where available, the presumptive connection lightens the burden of proof and eases the path to obtaining monthly compensation. A VA benefits lawyer can advise as to whether you qualify for this.
If you have questions, feel free to contact us. At Ascend Disability, we represent veterans from Texas, Louisiana, Oklahoma, and across the country.
Understanding Presumptive Conditions
Regardless of the claim, veterans must show evidence that links their medical condition to their military service. But there are certain health conditions the VA will automatically assume to be linked to service.
The VA assumes (because of statute or regulation) that a presumptive condition is caused by the unique experiences of service. This forecloses the likelihood that some other cause, not covered by the VA, is at the root of the condition.
To qualify for a presumptive case, the veteran must prove that he or she served in a specific place during a specific time. Below are some examples of presumptive eligibility:
- A veteran who served in Vietnam between 1962 and 1971 and developed bladder cancer from exposure to Agent Orange
- Veterans who became ill after burn pit exposure
- Former prisoners of war who have been diagnosed with post-traumatic stress disorder (PTSD)
- In certain cases, veterans who were exposed to ionizing radiation during service
Ask a Texas veterans’ benefits attorney about these and others.
The Advantages of Presumptive Service Connection
A major benefit of claiming a presumptive service connection is expediting the entire claims process. In general, it can take a significant amount of time for the VA to review and approve an applicant’s request for compensation.
Delays are common and so are rejections because the veteran failed to prove the condition-military service connection. The faster timeline with a presumptive service connection means less hassle with evidence and building a case.
It’s also helpful because many conditions do not appear until years after leaving service. Cancer and other diseases may not show up for a significant period of time. For many veterans, this makes it more difficult to demonstrate the required condition-service nexus. But the presumptive connection makes this less of an issue, provided other criteria are met.
Why Is It So Important to Retain Legal Counsel?
If you’re diagnosed with a presumptive condition, you won’t have to prove a connection between that condition and your service. But you will need to prove that you were in a certain location, at a certain time, under certain circumstances. The challenge is often proving this is the case, especially if service records have been misplaced.
A Texas VA benefits attorney can help you identify and locate these records. Your lawyer can also ensure that the proper paperwork is filed and done on time. In the event your claim is denied, your attorney can appeal the decision. Our firm can assist you each step of the way and will seek the most benefits available.
Call Today to Start On Your VA Benefits Claim
We know the challenges that veterans face when seeking VA compensation. That’s why we put our experience to work every day helping veterans from Texas and across the country with their disability claims.