What Is Presumptive Service Connection

Veterans eligible for presumptive service connection include former Reservists and National Guard members who were discharged on conditions other than dishonorable.

What is presumptive service connection. Presumptive service connection makes it easier for some veterans to prove service connection. There are several ways for Veterans to seek benefits. File under one of the presumed Camp Lejeune illnesses in the application. For veterans who have worked since 2016 to add the three conditions to the Agent Orange presumptive conditions list inclusion in the National Defense Authorization Act is a monumental win.

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. 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. 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. To effectuate this requirement VA should rely on its own principle of reasonable doubt as noted in 38 CFR 3102.

What is Presumptive Service Connection. Presumptive Service Connection Certain medical conditions are established by law as being presumptively service-connected for veterans who have served at least 90 days. This is because of the unique circumstances of a specific Veterans military service. Today we will take a look into presumptive service connection.

In the following years additions to the presumptive list were made by regulation executive order and legislation. This means that these disabilities were not acquired during or caused by the veterans active duty and do not appear in any of hisher service medical records. The VA does this because of the unique circumstances of the veterans military service. It established presumptions of service connection for tuberculosis and neuropsychiatric disease known today as psychosis occurring within two years of separation from active duty military service.

You will need to submit medical evidence that the medical condition has been diagnosed and that it appeared to a certain degree of severity within what is called the presumptive time period. It also helps those that failed to seek immediate medical attention for their symptoms for one reason or another until a couple of years after separation from service. This presumption helps veterans who may or may not have had symptoms in service because they do not have to show proof that the condition began in service. If a presumed condition is diagnosed in a Veteran in a certain group they can be awarded disability compensation.

Presumptive service connection means there is no need to establish a link between the incurrence in service and the current condition to make claim for VA Compensation. 1 If a veteran is a former prisoner of war the following diseases shall be service connected if manifest to a degree of disability of 10 percent or more at any time after discharge or release from active military naval or air service even though there is no record of such disease during service provided the rebuttable presumption provisions of 3307 are also satisfied. Finally the VFW believes Congress should require VA to grant a presumption of service connection for the conditions deemed to be associated with toxic exposures and environmental hazards. 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.

VA presumes that certain disabilities were caused by military service.