VA Disability Benefits For Chronic Conditions In Veterans

VA Disability Benefits For Chronic Conditions In Veterans

Posted On: Aug 09, 2023
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A veteran with a chronic disease stemming from their active duty military service might qualify for VA disability compensation from the Department of Veterans Affairs (VA). Although VA benefits can be transformative for numerous disabled veterans, it's common for a majority of initial claims to face denial.

Denials for VA claims related to chronic medical conditions are commonly encountered. Proving a direct link between military service and a long-term disease is mostly challenging.

The positive aspect is that the VA automatically considers certain chronic conditions to be associated with a former servicemember's time in the military.

Common Chronic Diseases in Veterans

Certain chronic conditions frequently associated with military service stem from injuries, while others arise from vulnerability or disease. Veterans often experience a range of common chronic conditions, such as:

  • Cancer
  • Lou Gehrig's Disease
  • Chronic fatigue syndrome
  • Fibromyalgia
  • Ischemic heart disease
  • Diabetes

How Veterans Can Obtain Disability Benefits For Chronic Conditions

Combat situations don't account for all chronic conditions. Frequently, chronic conditions stem from logistical work or training exercises. Any servicemember who sustains an injury or falls ill during active duty, subsequently leading to chronic pain, may have a valid disability claim through the VA.

To file a claim for disability compensation, applicants need to present medical evidence confirming the presence of a chronic condition. They must also demonstrate a causal event during active-duty service. Ultimately, a veteran must establish a connection between their disability and any event that has occurred.

Establishing a nexus is often the most challenging aspect of the disability claims process for former service members. The origin of a chronic condition is not always evident, making this step less straightforward.

In the event of a denied claim for a chronic condition, a veteran has avenues for appealing their case. Certain appellate options enable a former servicemember to rectify any shortcomings or errors in their initial claim.

The Presumption Of Service Connection

The VA acknowledges that specific chronic conditions are more prone to be linked to military service than others. This list of chronic diseases can be located in 38 United States Code §1101(3), which includes:

  • Lupus
  • Diabetes mellitus
  • Active tuberculosis
  • Gall stones
  • Cirrhosis of the liver
  • Hypertension
  • Sarcoidosis
  • Epilepsies

Common Factors for Denied Chronic Condition Claims

The VA could deny a chronic condition claim for multiple reasons. Any VA-provided denial reason could lead to a successful appeal. A lack of evidence commonly leads to VA denials for chronic condition claims. Keep in mind a former servicemember must demonstrate a connection to an in-service event for a chronic condition to qualify for VA benefits.

This proof can be particularly demanding for chronic conditions that arise well after a veteran's active-duty service concludes or that deteriorate during their time in uniform.

At times, veterans might encounter challenges in confirming their disability status. Certain conditions are not detected or classified easily.

Appealing A Denial

Upon a VA denial of a claim connected to a chronic condition, a veteran has complete rights to initiate an appeal against the denial of their claim.

Veterans' chronic condition claims provide two available appeal options. These alternatives encompass appealing to the Board of Veterans (BVA) or a decision review officer (DRO).

A veteran has the choice to pursue either type of appeal. Additionally, they can appeal an unfavorable DRO decision to the BVA. Opting for a DRO could be advantageous in numerous instances, as it often leads to a quicker resolution than a BVA review.

However, if a veteran faces another denial at the DRO stage, the waiting time for a BVA hearing might be further extended.