Burn Pit Presumptive conditions tied to gulf war exposure are part of the new list of presumptive conditions released by the VA. If you or anyone you know or served with is suffering from these conditions listen up!
Veteran Coaches Jon Luna, Lisa Walker and Darrell McDonald will be diving into the conditions to make sure you have all the info you need on these knew burn pit presumptive conditions.
Effective August 5, 2021, Veterans who served in the Southwest Asia Theater of Operations and are Gulf War Veterans, or served in other regions and developed Asthma, Sinusitis, Rhinitis (or Rhinosinusitis, which is inflammation of the nasal cavity and paranasal sinuses) within 10 years from your separation from active duty service, these respiratory conditions will now be “presumed” to be service-connected.
This new rule opens doors for many veterans who have been unable to service-connect these respiratory conditions until now!
If you need some help with your VA Claim for Burn Pits, join VA Claims Insider Elite TODAY and get started on your VA disability claim for FREE: https://vaclaimsinsider.com/elite-membership/
***Video Timestamps & Resources***
⏩ 00:00 Welcome to VA Claims Insider
⏩ 00:30 Introducing our Veteran Coaches
⏩ 13:00 Get you butt to the Doctor
⏩ 14:20 Southwest Asia Service
⏩ 18:35 Gulf War Syndrome is not a diagnosis
⏩ 24:00 Chronic is the keyword
⏩ 29:00 Know what's on your DD214
⏩ 34:20 Burn Pit Presumptive Effective Date
⏩ 46:30 How to request service records
***VA Disability Rating for Burn Pit Presumptive Conditions & Gulf War Exposure***
How did we get here? The VA found sufficient evidence to conclude that particulate matter pollution is associated with chronic Asthma, Sinusitis, Rhinitis, and Rhinosinusitis for veterans who served in the Southwest Asia Theater of Operations from Aug. 2, 1990 to the present, or in Afghanistan, Uzbekistan, Syria or Djibouti from Sept. 19, 2001 to the present.
“The Southwest Asia Theater of Operations” includes Iraq, Kuwait, Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Sea and the airspace above these locations.
To establish presumptive service connection for Asthma, Sinusitis, and/or Rhinitis (to include Rhinosinusitis) under 38 CFR 3.320 for these Burn Pit Exposure Presumptive Conditions, your evidence of record must show qualifying service at one of the specified duty locations, and manifestation of the qualifying diagnosed chronic disability(ies) within the presumptive period (within 10 years of discharge from active duty service during the dates given above).
With those conditions met, the "Nexus" between the condition and your exposure to particulate matter in the duty location is presumed, and you will be service-connected for that condition.
EXCEPTIONS: Presumptive service connection for these conditions cannot be established if there is affirmative evidence the conditions were caused by another condition or event that occurred between your qualifying service and the onset of the disability. Another exception would be if there is evidence that the condition was caused by the veteran’s own willful misconduct or the abuse of alcohol or drugs.
IMPORTANT: There is no minimum time requirement for the service in the qualifying duty location. As long as your service took place in the Southwest Asia theater of operations from Aug. 2, 1990 to now—or in Afghanistan, Uzbekistan, Syria or Djibouti from Sept. 19, 2001 to now—it doesn’t matter if your service was two weeks, two months or two years.
What does matter is that your condition manifested within 10 years of discharge from active duty service. The limitation of 10 years past your date of active duty discharge means you must have developed the condition during that period. But even if we’re now more than 10 years past your active duty discharge, that doesn’t mean it’s too late to qualify—IF you had a diagnosis during that 10 years.
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