By Larry Dandridge
This is the first article in a series of six articles on VA Disability Compensation, and specifically “How to file for VA Service-Connected Disability Compensation for a Burn Pit Disability Condition.”
Before I get into the specifics of filing for service connection for Burn Pit-caused or worsened disabilities, veterans need to understand the complicated VA Disability Compensation System and the difference between “presumptive” and non-presumptive conditions.
The VA wants veterans to file for all their service-connected disabilities and not just those caused by burn pits. Service-connected disabilities (conditions) that are caused by, further exacerbated by, or secondary to wounds, injuries, illnesses, traumas, Hazardous Material exposure injuries/illnesses, events, environmental factors (smoke, radiation, etc.), scars, or VA medical malpractice should be claimed.
This series will provide veterans and their family members with:
· An introduction to VA Disability Compensation.
· The five types of Service Connection
· Eligibility criteria for VA-Disability Compensation.
· Presumptive conditions.
· Non-presumptive service-connected conditions.
· The PACT ACT’s changes to VA benefits and eligibility.
· The tremendous value of a VA disability rating.
· The definition of a zero percent rating.
· Other benefits that service-connected disability ratings open the door to.
· Places and people to contact for help with claims.
· Why this author recommends veterans “initially” seek help from a VA-accredited VSO (rather than a VBA employee, a VA-accredited Attorney, or Claims Agent).
· Additional benefits that come with a VA disability rating.
· VA Dependency and Indemnity Compensation and other benefits affected by a veteran’s VA-recognized disabilities.
· VA web page and YouTube sources of information.
· Gulf War Era and Post-9/11 Veteran Eligibility and what burn pit and other toxic exposure conditions are now presumptive (Cancers and Non-cancer Illnesses).
· How does a veteran know if they have a presumptive exposure to burn pits?
· Eight steps to take to file a claim with the VA for burn pit service-connected disabilities.
· Past The Island News articles on service-connected disability claims, Disability Benefits Questionnaires (DBQs), and Compensation and Pension (C&P) Exams.
Introduction to VA Disability Compensation
A service-connected condition means an illness or injury that was caused by, or got worse because of, your active military service, no matter when or where you served.
The five types of Service Connection
There are five ways to establish service connection. They include:
1. Direct service-connection: The veteran must show that he or she currently suffers from a disability (condition) that began in service. Veterans can generally demonstrate this through evidence such as service medical records.
2. Service connection through aggravation: A veteran can be awarded service connection for preexisting conditions noted on his or her military entrance examination that were aggravated (worsened) during active military service.
3. Presumptive Service-connection: Veterans must show that either the disability was diagnosed during the presumptive period (Vietnam War, OIF, OEF, Desert Storm, etc.) or that the symptoms of the disability manifested during that time, even if the diagnosis did not come until years later. A medical opinion (Nexus Letter) from a doctor stating that the symptoms during the presumptive period were manifestations of the disability is essential, especially when combined with the lay evidence (Lay Witness Statements) from friends, family, chaplains, battle buddies, and others stating they observed those symptoms during that time period.
4. Secondary Service-connection: A veteran must show that a service-connected disability causes an additional disability or aggravates a non-service-connected disability. For example, a traumatic brain injury (TBI) causes migraine headaches, or a spinal L1 and L2 fracture causes a scoliosis, osteoarthritis, spondylolisthesis, and stenosis.
5. Service connection for injuries caused by VA health care: The veteran must show that there has been an injury or aggravation to an injury caused by a VA hospitalization, VA medical surgery or treatment, a VA exam, or a VA vocational rehabilitation.
Eligibility criteria for VA Disability Compensation
According to the VA web page, “Eligibility for VA Disability Benefits,” https://www.va.gov/disability/eligibility/, veterans may be eligible for VA disability benefits or compensation if they meet both requirements below:
· The veteran has a current illness or injury (known as a condition) that affects the veteran’s mind or body, and
· The veteran served on active duty, active duty for training, or inactive duty training.
And at least one of these must be true:
· The veteran got sick or injured while serving in the military and can link this condition to their illness or injury (called an in-service disability claim); or
· The veteran had an illness or injury before they joined the military, and serving made it worse (called a pre-service disability claim); or
· The veteran has a disability related to their active-duty service that did not appear until after the veteran ended their service (called a post-service disability claim).
Presumptive conditions
The VA web page, “Eligibility for VA Disability Benefits” at https://www.va.gov/disability/eligibility/ defines “presumptive conditions” as: “For some conditions, the VA automatically assumes (or ‘presumes’) that the veteran’s service caused their condition. The VA calls these presumptive conditions. If a veteran has a presumptive condition, they do not need to prove that their service caused the condition. The veteran only needs to meet the service requirements for presumption. Categories of presumptive conditions include:
· A chronic (long-lasting) illness that appears within one year after discharge. Eligible conditions include high blood pressure (hypertension), arthritis, diabetes, or peptic ulcers. Learn more at the VA web page “Disabilities that Appear Within 1 Year After Discharge” at https://bit.ly/4oyKv0m.
· An illness caused by contact with contaminants (toxic chemicals) and other hazardous materials (HAZMAT). Learn more at the VA web page “Exposure to Hazardous Chemicals and Materials” at https://bit.ly/4pMzERn. The types of exposure include Agent Orange, Asbestos, Birth defects like spina bifida, Burn pits and other specific environmental hazards, Mustard gas or Lewisite, Camp Lejune contaminated drinking water, Gulf War illnesses in Afghanistan, Gulf War illness in SW Asia, Project 112 or Project SHAD, and Radiation exposure. And as many as 60,000 veterans who volunteered for medical research for the U.S. biological and chemical programs between 1942 and 1975 can get medical care through the U.S. Army if they volunteered for this research and have an injury or illness directly caused by their participation.
Learn more at the following VA web pages:
1. Agent Orange exposure – https://bit.ly/4pdDsex.
2. Asbestos exposure – https://bit.ly/3Y3AwVQ.
3. Agent Orange/spina bifida – https://bit.ly/3Ki0jqd.
4. Specific environmental hazards – https://bit.ly/4ryhxQS.
5. Mustard gas/Lewisite exposure – https://bit.ly/44BiVbv.
6. Camp Lejeune water contamination – https://bit.ly/48glG4t.
7. Gulf War illness/SW Asia – https://bit.ly/4aoewMH.
8. Gulf War illness/Afghanistan – https://bit.ly/48e7Nnd.
9. Project 112/SHAD exposure – https://bit.ly/48tbrIV.
10. Radiation exposure — https://bit.ly/49RrK4t.
Continued next week.
Larry Dandridge is a Vietnam War wounded warrior, disabled veteran, ex-Enlisted Infantryman, ex-Warrant Officer Pilot, and retired Lt. Colonel. He is a past Veterans Service Officer, a Patient Adviser at the RHJ VA Hospital, the Fisher House Charleston Goodwill Ambassador, and the VP for Veteran Affairs for the local Army Association Chapter. Larry is also the author of the award-winning book Blades of Thunder and a contributing freelance writer with the Island News. Contact him at LDandridge@earthlink.net or 843-276-7164.
