How an Attorney Can help File a Disability Claim for a Presumptive Condition with the VA

Personal Injury Lawyer

Joining the military can be an ultimate form of service for your country. When you are in the military, there is always a risk of being involved in dangerous situations. What many may not think about is that they could also be put into areas where they are around hazardous chemicals and materials that could lead to long-term illnesses and injuries. In these situations, receiving disability support from the VA should be expected. In some cases, you may be covered as a presumptive condition.

What is a Presumptive Condition?

Overall, a presumptive condition is a disability that the VA will presume occurred due to the veteran’s time spent in the military. Normally, a presumptive condition will be one that is shared with other former military members that have had similar conditions and symptoms. Some common examples of presumptive conditions include disabilities that are as a result of Agent Orange in Vietnam or being exposed to radiation during a prior war.

How to Qualify for a Presumptive Condition?

There are some qualifications that need to be met in order for you to receive this support under presumptive conditions set by the VA. One of the main qualifications that you will need to meet is to prove that you have incurred a certain type of disability, which is impacting your life on a daily basis. You also likely will need to have been an active military member in a variety of campaigns that have taken place all over the world that ultimately led to the disability of other past military members.

If you are struggling with a disability, there are various forms that will need to be filled out to apply for disability benefits. The VA will then review these materials to make a determination about your eligibility.

Why You Should Hire an Attorney

If you have become ill or are struggling with a disability and believe that it is due to being in an unsafe environment during your time in the military, it would always be a good idea to hire an attorney. While the VA does provide disability support and offers presumptive conditions as a way to get disability, it can be complicated to apply for this protection and you may not receive the support you are expecting. When you hire an attorney, they will be able to handle all parts of the process to ensure your claim is filed properly, reviewed by the VA, and that you receive fair disability support. If necessary, they can also provide any support during the appeals process.

If you are going to hire any type of attorney, it is natural to be concerned about the total cost of the legal services. If you are concerned about the cost of a VA lawyer to file a claim, you will be happy to know that you do not necessarily have to pay a retainer or be charged a hefty fee. Instead, the attorney could create a compensation plan that is based on how much money they are able to win on your behalf. A key benefit of this is that you are aligned with the attorney and that they will not be paid unless you get a positive judgment or settlement from the VA.

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