In this video Marc Whitehead, an Accredited Veterans Disability Attorney, discusses how former prisoners of war can win their Veterans Disability claim.
The Veterans claims for those that are kept as prisoners of war are giving 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 a 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 benefits.
As with other types of veterans claims, the veteran must provide medical evidence proving the current condition is at least 10% disabling. But one additional step in these cases requires proof that the Veteran did in fact spend 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 the previous times of war.
Hiring a qualified veterans advocate to help gather the required evidence and documentation is always a good strategy.
Which diseases make former Prisoners of War eligible for the use of Service Connection by Legal Presumption?
The VA’s list of medical conditions that are accepted to prove a Service Connection through Legal Presumption for former prisoners of war is always changing. For some diseases eligibility is determined by the length of time the Veteran was in captivity.
The VA has ruled that former prisoners of war must have endured at least 30 days of captivity for a range of diseases including:
Chronic Dysentery
Malnutrition
Irritable Bowel Syndrome
Conditions including psychosis, any anxiety disorder, and most heart disease, stroke, hypertensive vascular disease, post traumatic osteoporosis, osteoarthritis and frost bite do not require any minimum amount of time in captivity, just proof that they were 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.
The VA frequently changes the disability requirements for these diseases. Be sure to consult with a qualified disability lawyer in order to get the latest information. Also remember that prisoners of war are eligible for many other types of veterans benefits, such as priority medical treatment, full dental benefits, and no co-payment policy for all prescriptions.
For former prisoners of war, successfully arguing disability claims can be a way to get a small amount of restitution.
