VA presumptive disability

How the VA Presumptive Disability List Works

Important: We updated this article in May 2023 to mention new presumptive conditions authorized under the 2022 PACT Act. Generally, in order to receive Veterans Affairs (VA) disability benefits, you must prove that your time serving in the military led to your disability. But the VA also has a list of presumptive disabilities, meaning you don’t have to prove your military service directly caused your disability.  And while the list doesn’t cover everything some veterans feel it should, rest assured that you can still apply for disability benefits, even if your health issue isn’t shown in the list.

Some disabilities have conditions for service length. For example, you must have served for 90 consecutive days of active service before getting payments for ALS. But for others, there are no conditions. Regardless of whether or not you meet the conditions, getting diagnosed with any of the following diseases helps prove that your disability is service-related, which means you should qualify for benefits.



VA Presumptive Disability List of Included Diseases and Conditions

NEW: 2022 PACT Act Adds 20 More VA Presumptive Disability Conditions

In 2022, President Biden signed the PACT Act into law. That means 20 more health issues now automatically qualify as VA presumptive disability conditions. Here are just a few conditions vets can get benefits for from the VA:

Important: These new VA presumptive disability conditions affect vets exposed to toxic substances during military service. Some toxic exposure examples include Agent Orange, radiation, and burn pits. Read our PACT Act article to see a complete list of new conditions that now qualify for VA disability compensation.

VA Presumptive Disability List Conditions for Prisoners of War

Regardless of how long you were imprisoned, the VA presumes the following disabilities are service-connected if you secure a 10% VA disability rating at any time following military service. They include:

Were you imprisoned for at least 30 days? Then the VA has an even longer list of presumed disabilities that may apply to your case. Most involve nutritional deficiencies that may occur while a vet is held in foreign prisons. They include the following:

VA Presumptive Disability for Certain Chronic Diseases

Veterans with multiple sclerosis, diabetes and arthritis may be presumed to be service-related if the disease becomes at least 10% disabling within the applicable time limit following service. For further details of these diseases, see 38 CFR 3.309. Additionally, the applicable time limits can be found at 38 CFR 3.307.

Amyotrophic Lateral Sclerosis (ALS)

No matter how long ago you served in the military, if you develop ALS, then you qualify for compensation. However, you must have served for at least 90 days in a row of active service. ALS is also known as Lou Gehrig’s disease.

VA Presumptive Disability Conditions for Veterans Exposed to Agent Orange and Other Herbicides

Veterans who served in the Republic of Vietnam who were exposed to Agent Orange as well as other herbicides may qualify for benefits. Agent Orange is an herbicide the US military sprayed in the jungles of Vietnam in order to remove trees and dense tropical foliage that offered cover to the enemy. Veterans exposed to Agent Orange who then developed any of the following diseases fall under the presumed disability category:

Gulf War Veterans with VA Presumptive Disabilities

Veterans who served in the Gulf War may experience chronic health issues from undiagnosed illnesses. If your illness lasts at least 6 months, then the VA counts it as “chronic.” The VA has a list of eligibility requirements here. Examples of this type of illness may include:

The following diseases may also qualify for an automatic service connection, as long as you meet all other eligibility requirements:

  • Brucellosis
  • Coxiella burnetii (i.e., “Q fever”)
  • Malaria
  • Mycobacterium tuberculosis
  • Nontyphoid salmonella
  • Shigella
  • West Nile virus

VA Presumptive Disability Conditions for Veterans Exposed to Radiation

Radiation affects many vets, particularly those who took part in radiation risk activities. The VA considers how much radiation exposure each veteran receives as well as duration, gender and family history, age, and other risk factors. The following diseases should count as service-connected, according to the VA presumptive disability list:

Veterans who served on active duty or resided at Camp Lejeune for at least 30 days between August 1, 1952 and December 31, 1987 may have been exposed to contaminants in the water supply. All vets posted there will receive VA health care. These diseases qualify for benefits, according to the VA presumptive disability list:

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Still have questions about how the VA presumptive disability list applies to your own claim? We have experienced VA-accredited attorneys available to assist you with any questions you may have. In fact, you can sign up for a free phone call to get expert claim help at home.

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Lori Polemenakos is Director of Consumer Content and SEO strategist for LeadingResponse, a legal marketing company. An award-winning journalist, writer and editor based in Dallas, Texas, she's produced articles for major brands such as Match.com, Yahoo!, MSN, AOL, Xfinity, Mail.com, and edited several published books. Since 2016, she's published hundreds of articles about Social Security disability, workers' compensation, veterans' benefits, personal injury, mass tort, auto accident claims, bankruptcy, employment law and other related legal issues.