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Compensation News
The Five New Presumptive Illnesses
August 20, 2018
By Jenny Sullivan
USVCP Staff Writer
Veterans with traumatic brain injury (TBI) who are diagnosed with any of five newly added presumptive service-connected ailments will have an easier path to receive additional disability pay under new regulations developed by the Department of Veterans Affairs (VA).
The new regulation impacts some veterans struggling with TBI who also have Parkinson’s disease, certain types of dementia, depression, unprovoked seizures or certain diseases of the hypothalamus and pituitary glands.
The new regulation stems from a report of the National Academy of Sciences, Institute of Medicine (IOM) regarding the association between TBI and the five diagnosable illnesses. The IOM report, Gulf War and Health, Volume 7: Long-Term Consequences of Traumatic Brain Injury, found “sufficient evidence” to link moderate or severe levels of TBI with the five ailments.
The new regulations, printed in the Federal Register, say that if certain veterans with service-connected TBI, who also have one of the five illnesses, then the second illness will also be considered as service-connected for the calculation of VA disability compensation.
Eligibility for expanded benefits will depend upon the severity of the TBI and the time between the injury causing the TBI and the onset of the second illness. However, veterans can still file a claim to establish direct service-connection for these ailments even if they do not meet the time and severity standards in the new regulation.
Veterans who have questions or who wish to file new disability claims may use the eBenefits website, or contact their nearest Veterans Service Officer (VSO).
Servicemembers who are within 180 days of discharge may also file a pre-discharge claim for TBI online.
