Presumptive Claims for Veterans Disability Compensation

Veterans disability compensation claims under presumptive provisions for service connection tend to be complex, misunderstood, and improperly developed. VA reviewers frequently misapply the presumptions, and medical examinations and opinions obtained by VA often miss the point. It’s important, therefore, that representatives possess high-level knowledge and detailed understanding of the legal landscape applicable to VA disability claims by veterans exposed to the harms of the Persian Gulf, Vietnam War Era, ionizing radiation, those with chronic illnesses, and veterans with specially recognized PTSD stressor events.

This intermediate-to-advanced-level 3.0 CLE hour course is intended for VA-accredited attorneys and non-attorney agents who already have basic knowledge of rules for service connection. The course provides detailed review of recent developments in the law—including the PACT Act—and practical tips, strategies, and tools for developing and arguing persuasive claims and appeals for the most common presumptive issues at the administrative and judicial levels. Attendees will also learn to spot and respond to VA’s most common mistakes in decided presumptive claims.

Learning Objectives:

1. Interpret the new regulatory presumption process and additional duties to provide VA examinations under the PACT Act.

2. Understand the nuanced legal landscape of overlapping presumptions applicable to veterans with service in the Persian Gulf region, and spot VA’s most common mistakes in Persian Gulf claims.

3. Gain deep familiarity with claims based on Agent Orange during the Vietnam War Era and prepare to appeal the most common points of confusion since passage of the PACT Act.

4. Build expertise in presumptions available to servicemembers exposed to contaminated water at Camp Lejeune.

5. Learn the presumptions applicable to claims for ionizing radiation and the evidence needed to succeed on them.

6. Develop the knowledge, research tactics, and responses required to successfully appeal for service connection for chronic diseases.

7. Master the rules allowing for uncorroborated statements of PTSD stressor events.