The veterans claims for those who were kept as prisoners-of-war are given special consideration. Since it is virtually impossible for former prisoners-of-war to provide medical evidence from the time of their captivity, certain disabilities are assumed by the VA to be connected to this period of their service. The veteran is not required to provide any nexus of evidence, and there is no presumptive period – the current disability may have presented at any time after the former prisoner-of-war was discharged.
Claimants are required to provide some medical evidence before becoming eligible to receive veterans benefits. As with other types of veterans claims, the veteran must provide medical evidence proving that the current condition is at least 10% disabling. But one additional hurdle in these cases requires proof that the veteran spent time as a prisoner-of-war. The claimant will need to provide documentation that the period of captivity was comparable to the POW circumstances during previous times of war. Hiring a qualified veterans advocate to help with providing this documentation is always a good strategy.
Which Diseases Make Former Prisoners-of-War Eligible to Use the Service Connection by Legal Presumption for Veterans Claims?
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The VA’s list of the conditions that are eligible for the service connection by legal presumption for former prisoners-of-war is always changing. For some diseases, eligibility is determined by the length of the veteran’s time in captivity. The VA has ruled a former prisoner-of-war must have endured at least 30 days of captivity for a range of diseases including chronic dysentery, avitaminosis, malnutrition, irritable bowel syndrome, and many other disabilities.
Conditions including psychosis, any anxiety disorder, most heart diseases, stroke, hypertensive vascular diseases, post traumatic osteoporosis and osteoarthritis, and in some cases frostbite do NOT require any minimum amount of time in captivity – merely that the veteran have been a prisoner-of-war for some period. The service connection by legal presumption can therefore be easily used to argue veterans claims for former prisoners-of-war with these disabilities.
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The VA frequently changes the eligibility requirements for these diseases, so be sure to consult a qualified veterans disability claims lawyer to get the latest information. Also, remember that former prisoners-of-war are eligible for many other types of veterans benefits, such as priority medical treatment, full dental benefits, and a no co-payment policy for all prescriptions. For former prisoners-of-war, successfully arguing veterans claims can be a way to get a small amount of restitution for the terrible hardships endured during combat.
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For more information on VA claims visit our website or contact Texas Veterans Disability Attorney Marc Whitehead for your free consultation. Be sure to download a copy of our free e-book.
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