What does this all mean?
Typically, to prove service connection, you need to produce evidence that shows an in-service event is at least as likely as not related to a current disability. Without legal presumption, the veteran must provide evidence to connect the in-service event to your current disability. If you meet this certain criterion the legal presumption is a little different, it says that you do not need to provide proof of that connection.
How does the new presumption affect your claim?
For those veterans that have been diagnosed with any of the below conditions, and have served in the given areas, their conditions will be presumed related to those exposures.
Burn Pit Requirements
If you are a veteran who served in any of the following areas on or after August 2, 1990:
Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Somalia, or United Arab Emirates
or in any of the following areas on or after September 11, 2001:
Afghanistan Djibouti, Egypt, Jordan, Lebanon, Syria, Uzbekistan, or Yemen
The legislature recently removed the need for veterans and their survivors to prove service connection if they are diagnosed with one of 23 specific conditions.
This list includes 12 types of cancers (brain cancer, gastrointestinal cancer, glioblastoma, head cancer of any type, kidney cancer, lymphatic cancer of any type, lymphoma of any type, melanoma, neck cancer, pancreatic cancer, reproductive cancer, raspatory cancer) as well as 12 raspatory related conditions (asthma, chronic bronchitis, COPD, rhinitis, sinusitis, constrictive bronchiolitis, emphysema, granulomatous disease, interstitial lung disease, pleuritis, pulmonary fibrosis, and sarcoidosis).
Survivors of veterans who died due to one of these conditions may now also be eligible for benefits.
Agent Orange Requirements:
If you are a veteran that served in any of the following areas between January 9, 1962, and May 7, 1975:
Republic of Vietnam, U.S. military vessel operating in the waterways of Vietnam, on perimeter duty of a U.S. military installation in Thailand or Royal Thai Military Base, Korean DMZ, were involved in the transportation, testing, storing, or any other use of agent orange,
Or served on Lockbourne Air Force base between 1969-1986, Westover Air Force Base between 1972-1982 or Pittsburgh International Airport from 1972-1982
And most recently added under this act, Laos from 1965-1969, Cambodia from 1969, Guam from 1962-1980 or Johnston Attoll from 1972-1977
The legislature has removed the need for veterans and their survivors to prove service connection for if they are diagnosed with one of 19 specific conditions.
This list includes 8 types of cancers (bladder cancer, leukemia, Hodgkin’s disease, multiple myeloma, non-Hodgkin’s lymphoma, prostate cancer, raspatory cancers, and soft tissue sarcomas) as well as 11 other conditions (al amyloidosis, chloracne, diabetes, hypothyroidism, ischemic heart disease, Parkinson’s, Parkinsonism, peripheral neuropathy, porphyria cutanea tarda, high blood pressure, and monoclonal gammopathy).
Survivors of veterans who died due to one of these conditions may now also be eligible for benefits.
How do I file a claim for the presumptive?
If it is your first-time claiming service connection for one of the above conditions use VA Form 21-526EZ.
If you have been previously denied service connection for any of the above conditions use VA Form 20-0995 to initiate the supplemental claim process.
If you need assistance, please reach out to our office at 317-348-1800.