VETERAN BENEFITS ARE EXPANDING IF YOU HAVE A PRESUMPTIVE DISABILITY
When you serve in the U.S. military, you’re signing up to give of yourself for the greater good of your country. A presumptive disability is a prime example of real sacrifice. Warfighters are sometimes exposed to a variety of perils that can be detrimental to their health. But with a presumptive disability, VA care means that you don't need to suffer alone. Receiving healthcare for your necessary sacrifice is important and there are options available. Learn more about your presumptive disability benefits, the VA presumptive disability list, and how VA disability ratings come into play. Related: The VA Disability Rates For 2023 Are Here
What Is Presumptive Disability?
A presumptive disability is when a Veteran receives a diagnosis of a chronic disease within their first year released from active duty. Additionally, if you’ve served for a minimum of 90 days and have amyotrophic lateral sclerosis (ALS) after being discharged, you can also qualify, but you must establish a service connection to the disease. VA disability presumptive conditions can range from issues with psychosis to malnutrition. If you were exposed to Agent Orange, burn pits, or even if you are suffering from weight loss, you may qualify. There are plenty of examples on the presumptive VA disability list and qualifying may depend on when you served, where you served, how long you served, what conditions you endured while serving, and your own personal healthcare. Although these can update, here are key examples that may qualify:
- AL amyloidosis
- Acute and subacute peripheral neuropathy
- Adenocarcinoma of the trachea
- Adenosquamous carcinoma of the lung
- Anxiety
- Asthma diagnosed after service
- Avitaminosis
- B-cell leukemia
- Beriberi (including beriberi heart disease)
- Bladder cancer
- Brain cancer
- Brucellosis
- Campylobacter jejuni
- Cardiovascular symptoms
- Chloracne or another similar acneform disease
- Chronic bronchitis
- Chronic dysentery
- Chronic lymphocytic leukemia
- Chronic obstructive pulmonary disease (COPD)
- Chronic rhinitis
- Chronic sinusitis
- Cirrhosis of the liver
- Constrictive bronchiolitis or obliterative bronchiolitis
- Coxiella burnetii (Q fever)
- Dysthymic disorder (or depressive neurosis)
- Emphysema
- Exposure to Agent Orange
- Exposure to ionizing radiation
- Fatigue
- Gastrointestinal cancer of any type
- Gastrointestinal symptoms
- Glioblastoma
- Granulomatous disease
- Head cancer of any type
- Headaches
- Heart disease or hypertensive vascular disease
- Helminthiasis
- Hodgkin’s disease
- Hypertension
- Hypothyroidism
- Interstitial lung disease (ILD)
- Irritable bowel syndrome
- Ischemic heart disease, including coronary artery
- Joint pain
- Kaposi’s sarcoma or mesothelioma
- Kidney cancer
- Large cell carcinoma of the lung
- Lymphatic cancer of any type
- Lymphoma of any type
- Malaria
- Malnutrition (including optic atrophy)
- Melanoma
- Menstrual disorders
- Monoclonal gammopathy of underdetermined significance (MGUS)
- Multiple myeloma
- Muscle pain
- Mycobacterium tuberculosis
- Neck cancer of any type
- Neurological or neuropsychological symptoms
- Non-Hodgkin’s lymphoma
- Nontyphoid Salmonella
- Organic residuals of frostbite
- Osteoporosis
- Pancreatic cancer
- Parkinsonism
- Parkinson’s disease
- Pellagra
- Peptic ulcer disease
- Peripheral neuropathy
- Pleuritis
- Porphyria cutanea tarda
- Post-traumatic osteoarthritis
- Prostate cancer
- Psychosis
- Pulmonary fibrosis
- Reproductive cancer of any type
- Respiratory cancer of any type
- Respiratory cancers
- Salivary gland-type tumors of the lung
- Salivary gland-type tumors of the trachea
- Sarcoidosis
- Sarcomatoid carcinoma of the lung
- Shigella
- Skin symptoms
- Sleep disturbance
- Soft-tissue sarcoma (not including osteosarcoma, chondrosarcoma,
- Squamous cell carcinoma of the larynx and/or trachea
- Stroke and its residual effects
- Type 2 diabetes
- Typical and atypical carcinoid of the lung
- Upper and lower respiratory system symptoms
- Various nutritional deficiencies
- Visceral leishmaniasis
- Weight loss
- West Nile virus
Keep in mind that the VA presumptive disability list above represents a list of possible conditions you may be able to claim. Furthermore, the previously mentioned factors, such as when and where you were while serving, can greatly affect your eligibility.
The PACT Act is Expanding Compensation
In 2022, the PACT Act would provide even more benefits for Veterans of the Vietnam War. This would provide assistance to those in need of healthcare after being exposed to toxic chemicals due to their service. Suggested Read: What Are the 23 Illnesses Covered Under the PACT Act? The VA added benefits for areas considered “presumptive locations” that are now opening the door to more Veterans to a presumptive disability provision. But as mentioned before, it’s going to depend on where you were and when you served to receive benefits for your condition. If you are a Veteran of the Vietnam War, it’s important to double-check with the VA for updates. Its list continues to evolve and represents the new allowances of benefits that can help you receive the healthcare you deserve. https://www.youtube.com/watch?v=tJZnnlX5JdI
VA Disability Burn Pit Presumptive Conditions
In addition to the added benefits for Vietnam Veterans, the PACT Act has also expanded benefits for Veterans of both the Gulf War and conflicts post-9/11. Many more cancers such as brain, glioblastoma, head, kidney, melanoma, respiratory, and pancreatic are now considered presumptive conditions. In some cases, these involve exposure to burn pits. In addition, many more presumptive locations now qualify for Veterans of both eras of conflict. For those fighting on or after September 11, 2001, the following locations apply:
- Afghanistan
- Djibouti
- Egypt
- Jordan
- Lebanon
- Syria
- Uzbekistan
- Yemen
This also includes service in the airspace above these locations. Additionally, if you were serving on or after August 2, 1990, in the following locations, you can also qualify for benefits:
- Bahrain
- Iraq
- Kuwait
- Oman
- Qatar
- Saudi Arabia
- Somalia
- The United Arab Emirates (UAE)
Again, service in the airspace above these locations will also help you qualify for benefits.
Is Tinnitus a Presumptive VA Disability?
Tinnitus is an organic disease that affects your nervous system and is considered presumptive SC under 38 CFR 3.309(a). But in order to receive benefits for tinnitus as a presumptive disability, you’re going to need a nexus letter from your healthcare provider to explain the details of your condition in conjunction with your military service. Without a service connection, you will not receive benefits from the VA.
Can the VA Deny a Presumptive Disability?
While a presumptive disability provides you benefits, they may deny you based on a number of parameters. This includes failing to prove that your disability is connected to your service, having a qualifying condition but not serving in the qualifying time or place, or other reasons deemed ineligible by the department. Speaking with your healthcare provider can help you better understand your best course of action. Read Next: How To Apply for VA Disability & What You Need To Know