How to Prove Toxic Exposure in Your VA Disability Claim

Now more than ever, VA disability benefits are available for those living with disabilities due to exposure to toxic materials during their time in the military. For years, these individuals were left out of the VA claims process, but recent legislative changes with the VA now simplify the process for toxic exposure disability claims.

In many cases, the strongest evidence available to a veteran is a nexus letter authored by a licensed medical professional. These documents can provide an expert opinion on how a person’s disability is linked to their exposure to toxic chemicals during the course of their military career. At Elite Medical Review Associates, we can help you secure a strong nexus letter that improves your chances of securing benefits.

The Dangerous Effects of Toxic Exposure

There is a long history of service members suffering adverse health consequences due to exposure to dangerous materials on military bases or in the field. In some cases, this exposure could have occurred over the course of many years. One of the most notable examples is the groundwater at Camp Lejeune, which was so contaminated that it led to cancer diagnoses in veterans over the span of decades.

Other examples of toxic exposure happen in and around combat. Veterans stationed in Afghanistan or Iraq have developed severe respiratory issues after working within close proximity to enormous burn pits full of hazardous materials. Many Vietnam veterans still live with serious health issues due to exposure to Agent Orange. In these cases, benefits through the VA may be an option.

How to Qualify for Veterans’ Disability Benefits

The VA offers benefits to veterans who have been exposed to toxic substances while serving on active duty. The problem is that linking a disabling disease to that exposure can be difficult. After all, other external factors might also lead to the same diagnosis. For a claim to be successful, a veteran must prove the following:

·         They have been diagnosed with a disability

·         They were exposed to toxic waste during active duty

·         This exposure led to their disabling condition

Establishing Your Diagnosis

In order for you to be entitled to VA disability benefits due to toxic exposure in the military, you will need to first have a current diagnosis from a licensed physician. Even if you have documentary proof that you were present near burn pits during your time in the military, benefits will only be available to you if you have been diagnosed with a disabling illness or injury.

This diagnosis must be made by a licensed doctor. It must also be current, meaning that you are presently afflicted with the illness in question. Without medical proof of your condition, you will not be able to recover financial compensation through the VA.

There are a wide range of illnesses that have been linked to toxic exposures in the military. Some of the most common examples include the following:

·         Brain cancer

·         Rhinitis

·         Chronic obstructive pulmonary disease (COPD)

·         Sinusitis

·         Pancreatic cancer

·         Lymphoma

·         Melanoma

·         Asthma

·         Chronic bronchitis

·         Neck cancer

·         Glioblastoma

·         Gastrointestinal cancer

Any of these conditions could serve as the basis for a viable VA disability claim.

Nexus Letters Can Be Invaluable

A nexus letter can be the most important piece of evidence offered in your VA disability claim. It serves as an independent medical opinion that can carry substantial weight with the decision makers within the VA. It is also potentially your best evidence for proving the third element of a successful VA disability claim related to toxic exposure: the connection between the exposure during your military service and your current disability.

One of the most complex aspects of a disability claim involves proving to the VA that your condition is linked to your service. This is less of an issue when you are dealing with a broken bone that resulted from a combat injury or training exercise. Compared to those acute injuries, it can be much more challenging to establish the cause of an illness, especially when the symptoms only became clear years later.

A nexus letter is a document authored by a doctor or other medical professional and forwarded to the VA as part of your claim. This letter should highlight your medical records related to your established diagnosis. They also generally include references to medical journals or research that help establish a link to your condition.

The most important part of these letters is the conclusion. The medical professional authoring it on your behalf should reach a final conclusion that it is as likely as not that your condition occurred due to toxic exposure in the military.

When is a Service Connection Presumed?

There are times when, according to federal law, the VA will presume that your condition is related to your time in the military. This presumption is important, as it simplifies the process of proving your claim. A presumptive connection means that you may not need a nexus letter at all. Instead, you will only need to prove that you served in certain geographical locations at specific times while also suffering from one or more distinct disabilities. Some of those situations include working in proximity to burn pits during the war in Iraq, working at Camp Lejeune during the 30-year period where the drinking water was contaminated, or in a handful of other circumstances where the federal government has acknowledged the military was exposed to toxic materials.

Contact Elite Medical Review Associates Right Away

If you are considering a disability claim, you could benefit from a strong nexus letter. The team at Elite Medical Review Associates can help review your options and identify the best possible medical professional to help with your claim. Contact us today to learn more.