Montemaggi Law - Workers Compensation Attorneys


18 Jun 2010

Did you know that some Veterans are entitled to a presumption that their disability is service-connected?

Posted by Paul J. Antonowicz

If you are disabled veteran, you suffer from certain conditions; you served in certain places; and you meet some other requirements, it may be assumed or presumed that a medical condition and any resulting disability are service-connected. Most recently, veterans of the 1991 Persian Gulf War, Afghanistan and Iraq wars have been given this status for malaria and West Nile virus, brucellosis, campylobacter jejuni, coxiella burnetii, mycobacterium tuberculosis, nontyphoid salmonella, shigella and visceral leishmaniasis.

Former prisoners of war may be entitled to the presumption for psychosis, anxiety conditions, dysthymic disorder, results of frostbite, post-traumatic osteoarthritis, heart disease or hypertensive vascular disease, stroke, avitaminosis, beriberi, chronic dysentery, helminthiasis, malnutrition (including optic atrophy), pellagra, other nutritional deficiencies, irritable bowel syndrome, peptic ulcer disease, peripheral neuropathy, and cirrhosis of the liver.

If you were exposed to Agent Orange in Vietnam between the dates of 1/9/62 and 5/7/75 you may be able to get the presumption for chloracne or other similar disease, porphyria cutanea tarda, some types of soft-tissue sarcoma, Hodgkin's disease, multiple myeloma, respiratory cancers, non-Hodgkin's lymphoma, prostate cancer, acute and subacute peripheral neuropathy, type 2 diabetes, and chronic lymphocytic leukemia.

If you were exposed to ionizing radiation in specific circumstances you could get the presumption for most types of leukemia and many other types of cancer. Additionally, Persian Gulf War veterans are entitled to the presumption for undiagnosed conditions resulting in groups of specific symptoms such as fatigue, headaches and a variety of others.

This is a significant advantage in obtaining veterans disability benefits for service-connected disability. However, you must meet all the requirements for each individual category. There is more information available to download here and here.