What Does Presumptive Service Connection Mean
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The VA does this because of the unique circumstances of the veterans military service.
What does presumptive service connection mean. Brucellosis Campylobacter jejuni Coxiella burnetti Q fever Malaria Mycobacterium tuberculosis non-typhoid Salmonella Shigella Visceral leishmaniasis and West Nile virus. Veterans with certain diseases for example multiple sclerosis diabetes mellitus and arthritis that appear within a specific period of time after service do not have to prove that their condition is service connected. Instead the VA will assume that the veterans condition is service connected. What are the qualifying factors for the Presumptive Service Connection.
Service connection is a key part of applying for disability benefits through the US. 38 CFR 3307 3309 and 3317 are good references to read concerning presumptives. A presumption of service connection is when VA presumes a veterans disease was caused by their military service usually due to a certain exposure. Presumptive service connection is available for certain illnesses to POWs confined more than 30 days certain cancers caused by chemical and hazardous exposure such as Agent Orange and some chronic health issues brain injuries and infectious diseases arising from service in the Gulf War.
This is because of the unique circumstances of a specific Veterans military service. The VA Presumptive List basically states that if veterans who served in X locationcircumstances during certain years developed Y or Z conditions then those conditions will be automatically considered service-connected. These presumptions are categorized according to 1 category of disease 2 activity and 3 location. The presumption of service connection takes the place of the medical nexus requirement in obtaining service connection.
What is Presumptive Service Connection. Decades after decades starting from the momentous 1920s the VA has compiled illnesses and conditions coverable by presumptive service connection. Department of Veterans Affairs. This means if you do NOT have evidence of an in-service disease incident injury or event from the time you served on active duty you need to get some or youll likely be denied service connection under the law.
If you have had a disability since your time in service and believe that it is related to your service then it is important in your VA claim to get that disability service-connected. The one thing all presumptives have in common is the claimed condition does not have to be in your STRs which is normally a requirement to grant service connection for most claimed conditions. Today we will take a look into presumptive service connection. Making a Presumptive Service Connection The VA presumes that specific disabilities diagnosed in certain veterans were caused by their military service so it issues a presumptive service-connection determination.
If a presumed condition is diagnosed in a Veteran in a certain group they can be awarded disability compensation. Does My Agent Orange Exposure Qualify for the Presumptive Service Connection. Presumptive service connection may be granted for the following infectious diseases if found compensable within a specific time period. Monsantos Agent Orange an extremely powerful defoliant was widely used by the US.
Dec 07 2020 3. Military throughout much of the mid and late 20th century. Presumptive service connection makes it easier for some veterans to prove service connection. The VA presumes that any condition on the VA Presumptive List was caused by military service even though there may be no medical reasoning that definitively proves this connection.
There are different types of presumptives AO exposure CLJ water exposure diagnosis within a certain amount of time from RAD noise exposure etc.