Yes, the VA can deny a presumptive disability claim, even if you have a recognized condition. However, this is an incredibly rare occurrence. Our Attorney Shannon Brewer notes that this has only happened once or twice in her 15-year career. While presumptive conditions make it easier for veterans to establish a service connection, you still need to meet certain criteria to be approved.
Here’s why a claim for a presumptive condition might be denied:
- Insufficient Proof of Service Requirements: The VA may deny your claim if you can’t show evidence that you served in the required locations or during the specific timeframes tied to the presumptive condition.
- Lack of Proper Documentation: Even for presumptive conditions, veterans must provide documentation that aligns with VA standards, including proof of diagnosis and any service records needed to validate exposure.
- Inadequate Evidence Linking the Condition: If the VA finds that your evidence does not adequately link your service to the presumptive condition, your claim can be rejected.
- Undeniable Proof Something Else Caused the Condition: The VA may also deny your presumptive condition if there is undeniable evidence showing something else caused the condition.
While presumptive conditions simplify the process, they do not guarantee approval. It’s important to provide comprehensive evidence and meet all service requirements to strengthen your claim. If denied, you have the option to appeal and submit additional supporting information. Has VA denied you? Get a free evaluation here.
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Cassandra, an Accredited Agent and claims advocate for Matthew Hill & Shelly Mark’s teams, reviewed the information provided in this post.
