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Veterans Administration Adds Conditions to List of Presumptive Diseases for Disability Benefits Eligibility

The Veterans Administration has announced several additional conditions that have been added to the list of presumptive diseases resulting in eligibility for VA disability benefits. Veterans who served in Vietnam and have been diagnosed with bladder cancer, hypothyroidism, or Parkinsonism will no longer have to prove exposure to Agent Orange or a relation between exposure and their disease.

New Conditions on the List of Presumptive Diseases for Veterans

Simply having the disease and having served in the country (or specific location) where Agent Orange was used is sufficient to prove service-related disability. Parkinson’s disease was previously approved as a presumptively service-connected disability, but now this approval extends to atypical Parkinsonism, which encompasses a broader array of conditions characterized by Parkinson’s-like symptoms but without the loss of nerve cells in the brain that denotes classic Parkinson’s disease. This will allow expedited processing and approval of disability compensation benefits for veterans with these conditions.

Eligibility for VA Disability Benefits

The VA is also undertaking rulemaking to add respiratory conditions such as asthma, sinusitis, and rhinitis to the list of disabilities presumptively associated with service in Southwest Asia, Afghanistan, and Uzbekistan during the Persian Gulf War and after 9/11. The parameters of this presumptive eligibility are yet to be determined, but the VA is focusing on respiratory conditions associated with particulate matter pollution. Until the new rules are finalized, Gulf War and post 9/11 veterans can continue to pursue compensation claims with evidence of exposure and service connection. These claims will be reviewed and expedited once presumptive eligibility is approved.

©2021 Norris McLaughlin P.A., All Rights ReservedNational Law Review, Volume XI, Number 167
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About this Author

Shana Siegel Elder Law Attorney at Norris McLaughlin in New Jersey
Member

Shana Siegel concentrates her practice in the area of elder law, focusing on representing seniors, individuals with special needs, and their families in connection with life care planning, public benefits, trust and estate planning, and long-term care advocacy.

As one of the few Certified Elder Law Attorneys (CELA) in northern New Jersey to be certified by the National Elder Law Foundation (NELF), Shana has extensive experience in probate and estate administration, asset preservation, supplemental and special needs trusts, planning for disability, guardianship...

(908) 252-4253
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