This document provides information about establishing service-connected disability claims through the Department of Veterans Affairs (VA). It defines key terms like veteran status, presumptive conditions, and Gulf War Syndrome. The document outlines the five elements required to establish a service-connected disability claim and different legal theories that can be used. It also discusses the process for filing a claim, appealing adverse decisions, and different hearing options available. Presumptive conditions for Vietnam and Gulf War veterans exposed to Agent Orange and environmental hazards are highlighted.

1. Presumptive Conditions …
… Agent Orange, Gulf War, PTSD

2. Empty Agent Orange Barrels

3. Who is a Veteran?
 A Veteran:
 Served in the active military
 Released from service “under conditions
other than dishonorable”

4. What is Service Connected
Disability Compensation?
 Money paid to veterans who are disabled by
an injury or illness that was incurred or
aggravated during active military service.
These disabilities are considered to be
service connected.
 Amount of compensation is determined by
the VA Regional Office based on the level of
disability of the veteran referred to as a
“Rating”.

5. Establishing a Claim for Service
Connected Disability Compensation
Five Elements to Establish a S/C Disability Claim:
(1) Veteran Status
Discharged under conditions other than dishonorable
(2) Existence of a current disability
Medical diagnosis of a current disability by anyone
qualified & trained to offer a diagnosis including nurse
practitioner, doctor, psychiatrist, psychologist,
chiropractor, social worker and professional counselor.
[generally, statements from veterans will to satisfy this
requirement]

6. Establishing a Claim for Service
Connected Disability Compensation
(3) Connection between service and the current disability
Medical evidence (or in certain circumstances lay evidence)
of in-service incurrence or aggravation of a disease or injury
that is not the result of the veterans own willful misconduct
alcohol or drug abuse AND Medical evidence of a link or
nexus between the in-service incurrence or aggravation (of
a disability that existed before service but was aggravated in
service) and the current disability.
Standard – “as likely as not” that the disability is caused
by the in service even
Examples: cancer diagnosed during service; injured leg
during parachuting exercise; gun shot wound during
combat; car accident while on leave

7. Establishing a Claim for Service
Connected Disability Compensation
There are five different legal theories that can be used to show that a
disability is linked to service:
1. Direct: injury or death during service
2. Secondary service connected: when a disability is the result of
another service connected disability [i.e. service connected anxiety
condition causes hypertension]
3. Presumptive: veterans with certain diseases are presumptively
service connected [i.e. Exposure to herbicides while serving in
Vietnam; conditions related to being a POW]
4. Aggravated: noted pre-existing condition or disease is aggravated
during service
5. Medical Malpractice – injury or death sustained at a VA Hospital/
Medical Center

8. Establishing a Claim for Service
Connected Disability Compensation
(4) Degree of disability
Assessment by a VA rating officer
based on average impairment of
earning capacity
(5) Effective date
Date from which claim will be paid;
file claim immediately to preserve the
earliest possible effective date

9. Establishing a Claim for Service
Connected Disability Compensation
 No compensation if the injury has
healed
 No compensation for pre-existing or
congenital disorders
 Pain is not a disability

10. Special Rules for Combat Veterans
Trying to Prove Service Connection
 Because detailed recordkeeping is not possible in combat situations lay
statements can be accepted as proof that a disability occurred (or was
aggravated) in combat
 The statements must be consistent with the circumstances, conditions
or hardships of the veterans service
 Combat veterans can use their own statements, buddy statements or
statements of family members or others
 Must still show that you suffer from a current condition and that the
condition is linked to the incident in service
 Possession of certain award and decorations or mention of such
awards or decoration in a vets military personnel records usually
indicates combat involvement

11. What is a Presumptive Condition?
 A presumptive condition is a health condition that the VA
has already decided is linked to a particular environmental
hazard or period of service with exposure to environmental
hazards. This means that if you have qualifying military
service and a presumptive condition, you don’t have to
prove your condition is service-connected. Usually, to get
disability compensation, you have to prove service-
connection, meaning your condition began during, was
caused by, or was made worse by your military service. But
if you’re suffering from a presumptive condition, you only
need to prove you have the required military service. Then,
your condition is automatically considered service-
connected.

12. Presumptive Service Connection Claims
 Vietnam War Veterans
 Agent Orange Exposure
 Served in Vietnam between January 9, 1962 and May 7, 1975
 Develop a condition identified as a presumptive A/O disease:
 Diabetes mellitus
 Hodgkin’s disease
 Non-hodgkin’s lymphoma
 Prostate cancer
 Respiratory cancers
 Multiple myeloma
 Chloracne
 B-Cell Leukemias
 Parkinson’s Disease
 Ischemic Heart Disease

13. Presumptive Service Connection Claims
 Persian Gulf War Veterans
 Gulf War Syndrome
Unexplained fatigue
Skin problems
Headache
Muscle pain
Gastrointestional symptoms
Abnormal weight loss

14. New Regulation for PTSD Claims
Effective July 13, 2010
 A veteran will be able to establish the occurrence of an in-service
stressor through his or her testimony provided that:
1. The veteran is diagnosed with PTSD and
2. VA (or VA contracted) psychiatrist or psychologist confirms
that the claimed stressor is adequate to support a PTSD
diagnosis and
3. the veterans symptoms are related to the claimed stressor
and
4. the claimed stressor is related to “fear of hostile military or
terrorist activity”, is consistent with the places, types and
circumstances of the veteran’s service and the record provides
no clear and convincing evidence to the contrary.

15. PTSD and Gulf War, Iraq,
Afghanistan
 Marines:
 Combat Action Ribbon
 Army:
 Combat Infantryman’s Badge

16. When and How Does a Veteran
File a Claim for Benefits?
 A claim for benefits may be filed at anytime using VA Form 21-526 ,
Application for VA Compensation/Pension:
 At the local VA Regional Office (VARO)
 With a Veterans Service Officer
 At a VA Medical facility with a Veterans Service Organization
 On-line at www.va.gov
 Once the claim is filed the VA has a duty to assist the veteran in
proving the claim by obtaining medical records, military personnel file,
compensation & pension examination ***YOU are your best
ADVOCATE!***
 VA designed to be a non-adversarial veteran friendly system
 Takes an average of 6-18 months to receive Initial Rating Decision
from VA

17. Not Satisfied with the VA Decision?
 VA decision may be appealed by filing a Notice of
Disagreement (NOD) within 1 year of the date that
VA mailed the original decision denying the claim.
 After VA receives NOD it will create a Statement of the
Case (SOC) which is a detailed explanation of the
evidence and laws and regulations used in deciding the
claim. It takes roughly 7 months to receive SOC.
 The SOC is mailed to the claimant along with VA Form 9
Substantive Appeal Form to the Board of Veterans
Appeals. Appeal to the Board of Veterans Appeals (BVA)
must be made within 60 days of receipt of the SOC or
within the remainder of the 1 year period from the date
of mailing of the NOD to the VARO, whichever period
ends later.

18. Two Types of VA Administrative Hearings
1. Decision Review Officer (DRO) hearing
 Request in NOD or w/in 60 days of VA Notice of Right to Review
 All evidence is reviewed anew
 Non adversarial informal hearing
 Veteran can submit additional new evidence at hearing
 DRO denial proceeds to BVA
2. Board of Veterans Appeals hearing
 BVA hearing can be conducted in DC where the Board is located; by video
conference with vet at local VARO & Board in DC (quickest way is video
conferencing); at local VA office with Travel Board
 Non adversarial informal hearings
 Roughly 2.5 years from the time the NOD is filed for case to be certified to
Board and another 2.5 years for the Board to decide the case
 BVA decision is the last step in the administrative process
 BVA can remand the claim back to VARO for further development, grant the
claim or deny the claim
 If BVA denies the claim the vet may:
 Re-open claim at the VARO with new and material evidence
 File motion with BVA asking for review based on clear & unmistakable error
 Appeal final Board decision to the U.S. Court of Appeals for Veterans
Claims within 120 days (strongly advised to seek legal
representation)

19. Al Tetrault exiting C-123
Easter Sunday, 1966
www.vets101.org

20. Empty Agent Orange Barrels
www.vets101.org