The Gulf War had many U.S. military individuals deployed to the Middle East during Operations Desert Shield and Desert Storm. From these Operations, many veterans ended up having to face unique health issues due to the exposure to the environmental hazards in these environments. These conditions include burning oil wells, pesticides, and chemical agents, which have been linked to a variety of chronic medical conditions. The VA recognizes the conditions that resulted from this conflict as “presumptive conditions”. In this blog, we will be going over what presumptive conditions are and how to file a VA claim for them.
What Are Presumptive Conditions?
Presumptive conditions are certain medical conditions that the VA automatically relates to the veteran’s service, even without direct evidence linking the condition to specific events during their time in the military. This is important for VA disability claims because VA claims need to prove service connection, which often requires a lot of documentation, so this can make the process easier. Veterans with presumptive conditions do not need direct proof that the condition is related to their military service. Instead, the VA acknowledges that the condition is likely linked to their service.
Legal and Medical Criteria for Establishing Presumptive Conditions
In order for a veteran to determine if their condition is considered a presumptive condition, they must meet certain criteria:
- The veteran must have served in specific geographic areas or was involved in particular operations, like the Gulf War. The VA has certain operations they identified had high risks of exposure to hazardous conditions.
- The veteran must show they have a recognized condition such as chronic fatigue syndrome, fibromyalgia, or other undiagnosed illnesses, which started to develop within a set period after service.
Read More: How to Apply for VA Benefits When You Have Multiple Disabilities
Presumptive Conditions Specific to Gulf War Veterans
Gulf War Syndrome, or Gulf War Illness, is officially recognized by the VA as a collection of symptoms and conditions that many veterans developed after serving in the Gulf War between 1990 and 1991. The exact cause of Gulf War Syndrome is still unknown but is likely due to the toxic environmental exposures the veterans experienced during the war.
Gulf War veterans are likely eligible for VA disability benefits if they have any of these conditions that are common in those who have served in the Gulf War:
- Chronic Fatigue Syndrome
- Fibromyalgia
- Functional Gastrointestinal Disorders
- Undiagnosed Illnesses
Learn More: Does Gulf War Illness Qualify You for VA Benefits?
How to File a VA Claim for Presumptive Conditions
If you are a veteran who believes they fit the criteria for a presumptive condition, you can file a VA claim. Here is a step-by-step guide to how to file a claim for presumptive conditions:
- Gather Documentation: Before you even file your claim, you will want to gather all relevant documentation. This can include service records, medical records, and any treatment records. Sufficient documentation is key for a strong claim.
- File your Claim: The easier way to file a claim is through the VA’s eBenefits portal. You will need to create an account and follow the steps to filing a claim by completing the necessary forms. If you prefer, you can file a paper claim by mailing it to the VA.
- Choose the Right Presumptive Condition: Be sure to identify which presumptive condition or conditions you believe you are suffering from. When describing your symptoms, make sure to be specific and detail how they impact your life. If you have an undiagnosed illness, explain its symptoms and how it affects you.
- VA Review and Decision: After submitting your claim, you will need to be patient while waiting for a response from the VA. It can take anywhere from weeks to months to get a response depending on their workload. The VA may ask for additional requests such as scheduling a Compensation and Pension exam or additional evidence to fully assess your condition.
Secure the Benefits You Deserve
Dealing with complex health challenges can take a toll on your overall quality of life. This is why it is important for veterans who believe they have a presumptive condition to file a claim to get the benefits they are entitled to. If you’re a Gulf War veteran experiencing unexplained symptoms or any of the listed presumptive conditions, don’t wait to take action. Seeking experienced legal help can make a world of difference in securing the benefits you deserve.
At Tabak Law, we’re here to guide you through the process, answer your questions, and advocate for your rights. Contact us today for a consultation to help you get the support you need