So, what is “presumptive diagnosis.”

VA presumes that certain disabilities were caused by military service. This is because of the unique circumstances of a specific Veteran’s military service. If a presumed condition is diagnosed in a Veteran within a certain group, they can be awarded disability compensation. The VA has compiled illnesses and conditions coverable by presumptive service connection. Veterans only need to fit specific conditions the VA has set for presumption known as VA Presumptive List. These presumptions are categorized according to (1) category of disease, (2) activity, and (3) location.

Criteria for Presumptive Diagnosis for Vietnam Veterans.

· Exposed to Agent Orange

· Served in the Republic of Vietnam or on a vessel operating not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia between Jan. 9, 1962 and May 7, 1975

· The disease must manifest to 10% or more within the first year of discharge from duty.

· Veterans exposed to herbicide agents are exempted from the 90-day service rule.

If you have been diagnosed with the following conditions and you are a Vietnam Veteran, you may qualify for a presumptive diagnosis and can be awarded disability benefits.

· AL Amyloidosis

· B-cell leukemia

· Chronic lymphocytic leukemia

· Multiple myeloma

· Type 2 diabetes

· Hodgkin’s disease

· Ischemic heart disease (including but not limited to, coronary artery disease and atherosclerotic cardiovascular disease)

· Non-Hodgkin’s lymphoma

· Parkinson’s disease

· Parkinsonism

· Prostate cancer

· Respiratory cancers

· Soft-tissue sarcoma (not including osteosarcoma, chondrosarcoma, Kaposi’s sarcoma or mesothelioma)

· Bladder cancer

· Hypothyroidism

Things you will need if you think you may qualify for a presumptive diagnosis

· A diagnosis from the above presumptive list

· (Presumption under Location) DD214 must show deployment to the location

· If a condition is on the Presumptive List, it is supposed to automatically be considered service connected. But we know how the VA works and the VA is not in the business of approving disability claims. Therefore, it is the veteran’s job to prove the connection, and a Nexus Letter will greatly strengthen your case.

· Attach a copy of the VA Presumptive List to give hints that you are trying to get rated by presumptive service connection.

Final Thoughts



If you think you qualify for a presumptive diagnosis, please reach out to the providers at Precision Health DPC. The claims process doesn’t have to be stressful. You may be entitled to compensation under the law. There are people who can help you along the way. Let us know how Precision Health DPC can help you with your VA disability claim. Stay tuned for the next blog post where we will discuss presumptive diagnosis for Gulf War Veterans.

References

38 CFR § 3.309 - Disease subject to presumptive service connection. (n.d.). LII / Legal Information Institute. Retrieved April 25, 2022, from https://www.law.cornell.edu/cfr/text/38/3.309