Former Prisoners of War and VA Disability

For Veterans who have experienced the trauma of being held as a prisoner of war (POW), the aftermath can be extraordinarily challenging. Many former POWs struggle with physical and mental health issues related to their time in captivity. 

The Department of Veterans Affairs (VA) recognizes the unique hardships faced by former POWs and offers disability benefits to help them cope with the long-term effects of their experience. An experienced Massachusetts Veterans disability benefits attorney can help former POWs navigate the VA claims process.

Understanding VA Disability Benefits for Former POWs

VA recognizes the unique hardships faced by former POWs and has established presumptive conditions to streamline the claims process and ensure that these Veterans receive the benefits they deserve. VA provides disability compensation to Veterans who have a current disability that is connected to their military service. 

For former POWs seeking VA disability benefits, presumptive service connection means that certain conditions are automatically considered to be related to their time in captivity if they reach the severity of at least a 10 percent VA disability rating after the Veteran’s discharge from service. Physical and mental conditions covered as presumptive conditions for former prisoners of war include:

Physical Conditions

• Osteoporosis connected to a diagnosis of post-traumatic stress disorder (PTSD)
• Frostbite damage
• Post-traumatic osteoarthritis
• Stroke and related problems resulting from stroke
• Hypertensive vascular disease and related problems
• Helminthiasis
• Peripheral neuropathy (except where connected to an infection)
• Chronic dysentery
• Irritable Bowel Syndrome (IBS)
• Cirrhosis of the liver
• Peptic ulcer

Mental Health Conditions

• Psychosis
• PTSD 
• Anxiety
• Neuropsychiatric conditions
• Persistent Depressive Disorder (or dysthymic disorder) 

The length of time after service during which veterans are entitled to a presumption that these conditions are service-connected varies. For some conditions, such as psychosis and anxiety states, there is no time limit. For others, such as chronic dysentery and irritable bowel syndrome, the condition must manifest within one year of the Veteran’s discharge from service.

Establishing Service Connection for Non-Presumptive Conditions

If a former POW has a disability that is not on the list of presumptive conditions, they can still pursue VA disability benefits. They will need to provide evidence that their current disability is related to their time as a POW. This can be done through medical records, statements from the Veteran and their battle buddies, expert opinions, and more. 

An experienced VA disability benefits attorney can help former POWs gather the necessary evidence to support their claim. They can also help ensure that the claim is filed correctly and all deadlines are met.

The VA Disability Claims Process for Former POWs

To apply for VA disability benefits, former POWs must submit a claim to VA. This can be done by filling out a simple form on VA’s website. The claim should include evidence of the Veteran’s POW status and medical evidence of their current disability. VA will then review the claim and make a decision. 

If VA denies the claim, the Veteran has the right to appeal the decision. The appeals process can be complex and time-consuming, but an experienced VA disability benefits attorney can help guide the Veteran through the process and ensure their rights are protected.

The Importance of Seeking Legal Assistance for a POW Disability Claim

Pursuing VA disability benefits can be a complex and challenging process, especially for former POWs who may be dealing with significant physical and mental health issues. A lawyer with experience handling VA claims can provide guidance and support throughout the process. 

Some of the key benefits of working with an attorney include:

• Experience in VA disability law: VA disability benefits attorneys uniquely understand the laws and regulations governing VA disability benefits. They can help ensure that the Veteran’s claim is properly documented and supported and that all deadlines are met.
• Access to medical experts: An attorney focused on VA claims often works with medical experts who can provide valuable opinions and testimony to support the Veteran’s claim. These experts can help establish the link between the Veteran’s current disability and their time as a POW.
• Assistance with appeals: If the VA denies the Veteran’s claim, an experienced VA claims lawyer can help guide them through the appeals process. They can help ensure that the Veteran’s rights are protected and that they have the best possible chance of success.

Berry Law Works with Former Prisoners of War to File VA Disability Claims

Former POWs have faced unimaginable hardships and sacrifices in service to their country. The VA recognizes the unique challenges faced by these Veterans and offers disability benefits to help them cope with the long-term effects of their experience. By working with an experienced VA disability benefits attorney, former POWs can ensure that their claims are properly documented and supported, and that they receive the benefits they deserve. 

At Berry Law, our team of experienced attorneys is dedicated to helping Veterans obtain the benefits they have earned through their service and sacrifice. Former POWs struggling with a disability related to their time in captivity are encouraged to reach out to our team for a free consultation. Together, we can work to ensure they receive the support and compensation they deserve. Our law firm represents Veterans in all 50 states and is available 24/7. Call 888-883-2483 or fill out our online contact form for a free, confidential consultation.