In most cases, when Veterans apply for disability benefits, they must provide extensive documentation to qualify. However, there is a classification called Presumptive Disability Benefits. In these cases, the government has established a specific set of ailments as presumed to have been caused by military service. Disability compensation can be awarded to Veterans whose disability is diagnosed within a certain group. Presumptive Gulf War illnesses fall into this category.
What does this mean and how do you know if you qualify? Let’s take a closer look at how presumptive conditions are defined by the U.S. Department of Veterans Affairs (VA) and what disabilities suffered by Gulf War Veterans may be eligible for presumptive disability benefits.
To qualify for a VA disability rating, your health issue has to be linked to your time in the military. Some conditions don’t appear until later on, so you have to work to prove that your military service directly led to the problem.
However, there are cases where the VA will automatically assume that your service caused the condition. These are called “presumptive conditions.”
A condition becomes presumptive when it’s recognized by laws or regulations. Presumptive Gulf War illnesses were established under 38 CFR 3.317. If you have such a condition, you don’t have to prove that your service caused it. You just need to meet the service requirements outlined for the presumption. This is called a presumptive service connection.
Veterans with presumptive service connections are eligible for disability benefits from the VA.
The PACT Act was instituted in 2022. The full name of the act is the Sergeant First Class Heath Robinson Honoring our Promises to Address Comprehensive Toxics (PACT) Act of 2022 or Honoring our PACT Act of 2022.
The PACT Act of 2022 extends the time when Veterans can sign up for health care benefits. It also acknowledges health issues like certain respiratory illnesses and cancer that might be hard to link to exposure to harmful substances during military service. This is especially true for those who served after September 11, 2001.
This law supports Veterans seeking treatment and diagnosis for their concerns, even if it’s been a while since they were first exposed. It also provides funding for Veterans Affairs officials to research toxic exposure, train VA staff, and offer services to veterans to make sure they get the care they need.
For Gulf War Veterans and also post 9/11 Veterans, presumptive conditions depend on where and when you served. The VA has a detailed list of locations and illnesses that qualify as presumptive in its outline of disability benefits. Here is how they break it down:Â
Service Location: Southwest Asia theater of operations, Afghanistan, Israel, Egypt, Turkey, Syria, or Jordan during the Persian Gulf War
Qualifying Presumptive Conditions: A medically unexplained chronic multisymptom illnesses that exist for six months or more, such as chronic fatigue syndrome, fibromyalgia, or irritable bowel syndrome.
Signs or symptoms of illness, including but not limited to fatigue, muscle pain, headaches, joint pain, neurological symptoms, cardiovascular symptoms, gastrointestinal symptoms, upper or lower respiratory symptoms, and menstrual disorders.
Service Location: Southwest Asia theater of operations or in Afghanistan on or after September 19, 2001.
Qualifying presumptive conditions: An infectious disease that manifests to a degree of 10% or more within 1 year of separation. This may include but is not limited to the following specific conditions: Brucellosis, Nontyphoid Salmonella, West Nile virus, and malaria. Also qualifying are infectious diseases that manifest to a degree of 10% or more any time after separation. These may include things like Mycobacterium tuberculosis, squamous cell carcinomas of the larynx or trachea, adenosquamous carcinoma of the lung, and large cell carcinoma of the lung.
Service Location: Service on or after Sept. 11, 2001, in Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Uzbekistan, or Yemen. Southwest Asia theater of operations – Iraq, Kuwait, Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Sea, and the airspace above these locations – or Somalia, on or after Aug. 2, 1990.
Qualifying presumptive conditions: Specific conditions may include, but are not limited to, brain cancer, gastrointestinal cancer, lymphoma, pancreatic cancer, respiratory cancer, chronic obstructive pulmonary disease (COPD), and pulmonary fibrosis.
The VA has added more than 20 toxic exposure and burn pit presumptive conditions as a result of the PACT Act. Visit the VA website about the PACT Act and your VA disability benefits for a complete list of conditions that now qualify as presumptive.Â
Serving in the Gulf War can also have a significant impact on mental health. The experiences during deployment, exposure to stressful situations, and the challenges faced can affect a Veteran’s well-being. According to the VA, mental health conditions may qualify as presumptive Gulf War illnesses under the category of “undiagnosed illnesses.”
The VA states that undiagnosed illnesses may comprise symptoms that include but are not limited to abnormal weight loss, fatigue, cardiovascular disease, muscle and joint pain, headache, menstrual disorders, neurological and psychological problems, skin conditions, respiratory disorders, and sleep disturbances.
There are mental health services available to support Gulf War Veterans that include counseling, therapy, and access to mental health professionals.
Effective treatments are available for mental health conditions associated with Gulf War service. These include:
Mental health is a crucial aspect of overall well-being, and Gulf War Veterans can apply for disability benefits to help them navigate and overcome mental health challenges.Â
If you haven’t applied for disability benefits for a presumptive condition yet, you can file a new claim online, by mail, in person, or with the assistance of a trained Department of Veterans Affairs expert.
To file online, go to http://www.va.gov/disability/file-disability-claim-form-21-526ez/introduction.Â
For a mail-in claim, fill out VA Form 21-526EZ and send it to: Department of Veterans Affairs Claims Intake Center, P.O. Box 4444, Janesville, Wisconsin, 53547-4444. You can also take a printed copy of VA Form 21-526EZ to your local VA regional office.
If the VA previously rejected your disability claim that might now be reconsidered as presumptive, you can file a supplemental claim. The form for a supplemental claim is VA Form 20-0995. You can find the form and more details at www.va.gov/find-forms/about-form-20-0995/.Â
Seeking assistance from a Veterans’ benefits lawyer can help navigate potential pitfalls and increase the likelihood of success. Your lawyer can help keep track of all the paperwork and the status of your claim to keep things on track. There are filing deadlines to submit your claim. Your attorney will ensure your claim is filed within the specified time frame. Missing deadlines can jeopardize your eligibility.
A Veterans’ benefits lawyer is a strong advocate when a Veteran applies for disability benefits related to their service in the Gulf War. A lawyer with experience in this type of law can help make this journey smoother and more successful. These attorneys know the rules and conditions that automatically connect health issues to Gulf War service. They understand which conditions are presumed to be connected, making it easier for Veterans to get benefits.
Your lawyer can verify that you qualify for benefits based on the specific conditions linked to Gulf War service as outlined by the VA and meet its criteria for application.
Even with a presumptive condition, filing a claim requires evidence. Your lawyer helps gather important documents, like medical and service records, to show that your health issues are connected to your Gulf War service. The process of filing a claim can be like following a complicated map. Your attorney stands ready to guide you through each step, making sure you do everything needed to meet the requirements for benefits.
Experienced Veterans’ benefits attorneys are skilled in presenting the case in a way that gets you the most benefits possible. They know how to argue for the maximum support based on your health issues. If the claim is initially turned down, your attorney can step in to appeal the decision. They can provide more evidence, represent you in hearings, and work to get a positive outcome. This is especially important if there are disagreements or challenges in the claims process.
Laws and rules can change. The legal team at Berry Law stays informed, making sure your claim follows the latest guidelines for the best chance of success.
Filing a claim can be stressful, but having a lawyer by your side gives you a partner in your fight for the benefits you deserve.
Veterans deserve every benefit owed to them. If you’re dealing with disability claims related to presumptive Gulf War illnesses, know that you don’t have to face it alone. At Berry Law, we’re more than a law firm; we’re a team of veterans disability lawyers who understand the challenges you face. With our experience in handling claims like yours, we empower you to fight for the benefits you deserve. We help you navigate the complexities of disability claims, ensure you meet all requirements to qualify for disability benefits, gather essential evidence for your case, and advocate for the maximum benefits you have earned.
Our team is ready to stand by your side, just as you’ve stood for our country. Call our legal team at 888-883-2483 or fill out our online contact form. We represent Veterans in all 50 states and our legal team is available to you 24/7. Your fight is our fight. Let’s secure the benefits you deserve together.
Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter.
