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Presumptive Conditions and the Military

Presumptive Conditions and the Military

As a military service member, encountering dangers is an expected and regular part of the job. However, exposure to certain containment and unique situations that lead to certain divisibility diagnoses are considered presumptive conditions. To answer what is a presumptive condition in the Military these are conditions that are caused specifically due to military service and due to this, you could be eligible for disability compensation and payment. There are many specific places and times associated with presumptive conditions.

1. Southwest Asia and The Persian Gulf

The timeframe for these locations is from Aug. 2, 1990, to the present for those that served in southwest Asian deployments and deployments in the Persian Gulf from Sept. 11, 2001, to the present. Ailments from these tours of duty are chiefly related to respiratory issues such as chronic bronchitis and various types of cancer such as Lymphoma.

2. The Gulf War

If you served in the Gulf War or any associated theater of operations since August 2nd, 1990 any resulting disability could be eligible for compensation under the law. Chronic conditions such as chronic fatigue syndrome and certain types of lung cancer are just two of the qualifying conditions. However, you may also be entitled to disability if you suffer from multiple symptoms that negatively impact your quality of life but are hard to link to a specific condition. This is typically referred to as Gulf War Syndrome.

3. Camp Lejeune

Camp Lejeune is noted to have had issues with the safety of its water supply going back to the 1940s. But the full scope and danger of this chemical contamination to the camp’s drinking water was not fully known until the early 1980s. Because these veterans and their family members who resided at Camp Lejeune between August 1st, 1953, and December 31st, 1987 could be eligible for disability payments for various types of cancer that could be linked to exposure to water contamination. Notably, grounds also exist for a general water contamination claim even if you have not developed a presumptive condition.

4. Other Ailments

  • Lou Gehrig’s Disease (Amyotrophic Lateral Sclerosis): development of ALS can be considered a presumptive condition provided you have served at least 90 consecutive days of military service.
  • Agent Orange: exposure to agent orange has been linked to various cancers, heart ailments, high blood pressure, Parkinson’s, and other ailments. Exposure chiefly occurred during periods of the 1960s and as late as 1980. Areas include Vietnam, Laos, Thailand, Cambodia, American Samoa, Guam, and the Johnston Atoll.
  • Any ailments caused by exposure to radiation or work in areas where such a hazard could occur.
  • Chronic tropical ailments.
  • POWs who have developed disabilities, including psychological issues including, but not limited to PTSD, anxiety, and psychosis.

Final Thoughts

If you have developed health issues due to your time in military service, you could be entitled to a disability combination. The list of ailments and locations is long and compensation through the VA is always changing. To both receive proper compensation and stay up-to-date on needed changes, you need proper legal representation to ensure you receive all the care you are eligible for.

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