Southwest Asia Presumptions
Veterans who served in this region during the Gulf War may qualify for presumptive service connection
What is Southwest Asia?
This type of service connection applies when a disability is caused by an already service-connected condition.
What is secondary service connection?
This presumption applies to veterans exposed to herbicides in Vietnam.
What is the Agent Orange presumption?
What is the name of the benefit that is warranted when a veteran has the anatomical loss or loss of use of a creative organ.
→ What is SMC(k)?
A veteran reports injuring his ankle during a training exercise in service. He has experienced chronic pain since that time and is now diagnosed with arthritis. A medical opinion links the condition to service.
→ What is a grant of direct service connection?
This type of condition, characterized by a cluster of symptoms without a clear diagnosis, may be presumptively service-connected.
What is an undiagnosed illness?
This case held that pain alone can constitute a disability for VA purposes.
What is Saunders v. Wilkie?
This presumption applies to certain chronic diseases that manifest within one year of discharge.
What is the chronic disease presumption?
These factors include inability to dress, bathe, or protect oneself from hazards.
What are activities of daily living (ADLs)?
A veteran is already service-connected for a shoulder condition rated at 10%. He now reports worsening pain, limited range of motion, and flare-ups that significantly impair function.
→ What is a claim for an increased rating?
This medically unexplained condition includes chronic fatigue syndrome, fibromyalgia, and functional gastrointestinal disorders.
What is a medically unexplained chronic multisymptom illness (MUCMI)
This term refers to activities that expose veterans to toxins and require VA to obtain a medical opinion.
What are Toxic Exposure Risk Activities (TERA)?
This presumption assumes a veteran was in sound condition upon entry unless noted otherwise.
What is the presumption of soundness?
This scenario may entitle a veteran to SMC(s) even when TDIU is already in effect.
→ What is when TDIU is based on one disability and the veteran has additional disabilities rated at 60% or more?
A veteran is service-connected for a knee disability and later develops a back condition due to altered gait. A physician provides a positive nexus opinion.
→ What is secondary service connection?
This law expanded presumptions related to burn pits and toxic exposures for Gulf War and post-9/11 veterans.
What is the PACT Act?
This condition was added as a presumptive disease associated with herbicide exposure in recent years.
What is hypertension?
This type of veteran participated in activities such as atmospheric nuclear testing or Hiroshima/Nagasaki occupation.
What is a radiation-exposed veteran?
This case held that a claim for TDIU is part of an increased rating claim when reasonably raised by the record.
→ What is Rice v. Shinseki?
A veteran is service-connected for PTSD at 30% but now experiences suicidal ideation, near-continuous panic, and inability to maintain employment.
→ What is an increased rating for PTSD?- 70 percent rating
In Gulf War claims, this evidentiary principle allows service connection even when no formal diagnosis explains the veteran’s symptoms.
What is service connection for an undiagnosed illness?
This case held that the absence of contemporaneous medical evidence is not, by itself, a sufficient basis to find lay evidence not credible.
What is Buchanan v. Nicholson?
This regulation governs chronic diseases and allows service connection through continuity of symptomatology.
What is 38 C.F.R. § 3.303(b)?
This condition is not required to establish Aid and Attendance, even though it is often mistakenly believed to be necessary.
→ What is being bedridden?
A Gulf War veteran presents with chronic gastrointestinal symptoms diagnosed as IBS. The condition is recognized as a MUCMI. VA notes that the there is no medical nexus. Should the claim be granted or is more development needed?
The condition is recognized as a MUCMI and is therefore a presumptive grant and no medical nexus is needed.