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Illnesses Occurring One Year After Discharge: Can I Get VA Benefits?

While serving in the military, the intensity of the day-to-day can sometimes affect your health in a way that impacts you long after you have left the service. Should you find that you begin developing an illness after you discharge (receiving your DD Form 214), navigating your eligibility for disability benefits through the Department of Veterans Affairs (VA) can be daunting. There are conditions that are automatically considered to be military service-related, but others may require an established connection supported by evidence. So what happens when you have an illness that manifests itself more than a year after you left the service?

Veterans Affairs Disability Compensation

The VA provides disability benefits to Veterans who have received service-related injuries/illnesses. To qualify, you must meet specific VA guidelines. If a condition develops after you are discharged from service, it is crucial to understand the VA’s guidelines. Commonly, the VA offers compensation for conditions diagnosed within one year after discharge. These conditions are called presumptive conditions. Many common illnesses that occur within this window may include arthritis, diabetes, hypertension, peptic ulcers, etc.

Not all conditions are presumed to be service-related. If a condition is developed after that first year post-discharge, you may potentially still qualify for VA benefits, but must prove the link between the condition and your service.

Illness Eligibility Requirements After A Year

In order to be eligible for disability compensation that covers your illness more than a year after discharge, consider these aspects before filing:

  • Service Connection – The VA requires that you demonstrate your illness is service-related. For conditions that are not presumptive, the VA requires evidence linking the illness to your time in service.
  • Disability Rating – Conditions/illnesses must meet the minimum 10% disabling threshold for the VA’s guidelines for compensation. The VA rates disabilities on a scale of 0-100%, in increments of 10, which may even include conditions that do not significantly impact your daily life. These may still qualify for benefits at a lower rating.
  • Medical Evidence – Filing for a claim for a non-presumptive illness requires medical evidence to back the claim. Provide a doctor’s report or medical diagnosis that confirms the condition is related to your service and not due to other factors.

Conditions Exceeding 1-Year Limitations

Most conditions must be within one year of discharge to be presumed service-connected, but there are some notable exceptions. Certain illnesses, such as multiple sclerosis, amyotrophic lateral sclerosis, and tuberculosis may be eligible for benefits if they appear years after service. The VA has specific guidelines that recognize conditions that develop later than one year after discharge.

Additionally, conditions like Hansen’s disease, if diagnosed within three years after discharge, can qualify. As for multiple sclerosis, the VA only restricts claims after seven years, as it takes time for the gradual development of such diseases.

Is My Illness Eligible For VA Benefits After Discharge?

The VA claims process can be challenging, especially with a condition that appears after the presumptive timeframe. Securing your right to support is crucial, regardless of whether your condition meets the timeframe or requires additional evidence. A VA-accredited attorney can assist you in collecting the needed medical evidence for your claim, giving it a good chance for approval.

Legal representation will not speed up the approval process, but it can prevent mistakes in claims that could lead to denials. If you are unsure about your eligibility or want assistance filing, take advantage of Fight4Vets’ free consultations. We can help you understand your rights and the claim process, giving you confidence moving forward.

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