Is Parkinson’s Disease a VA Presumptive Condition?

CCK Law: Our Vital Role in Veterans Law

Yes, Parkinson’s disease can be a presumptive condition for veterans who suffered a severe enough traumatic brain injury (TBI) or were exposed to certain toxic chemicals like Agent Orange or those formerly found in the waters at Camp Lejeune.

If you have developed Parkinson’s and are wondering whether you qualify for presumptive service connection from the Department of Veterans Affairs (VA), this article will guide you through the essentials you need to know to determine your eligibility.

Key points of this article include:

• A presumptive disability is one that VA automatically assumes is connected to a veteran’s military service, depending on where and when they served.
• Parkinson’s disease can often qualify as a presumptive disability, if the veteran suffered certain toxic exposures or injuries to the brain during their service.
• Even if a veteran qualifies for a Parkinson’s VA presumption, they will still have to present an official diagnosis to VA, as well as records proving the eligibility of their military service.

What Is a Presumptive VA Disability?

A presumption or presumptive disability is a condition that VA will automatically recognize as connected to a veteran’s military service, as long as the veteran served in a qualifying time and place.

Typically, to prove service connection and earn disability compensation for a condition, a veteran must establish three key pieces of evidence to VA:

• An official diagnosis of a condition,
• A service-related event or exposure that might have caused the condition, and
• A medical nexus opinion that connects the veteran’s diagnosis with the service-related event.

A presumption essentially eliminates the need for a medical nexus, if veterans can show qualifying service that triggers the presumption. This makes it much easier for veterans to prove service connection and earn disability compensation.

Often, presumptions are put into effect due to widespread contamination or toxic exposure that endangers the long-term health of service members. For instance, thousands of veterans came into contact with the herbicide Agent Orange during the Vietnam War, which was later discovered to produce adverse health effects in those exposed to it.

By establishing presumptions for diseases that frequently resulted from Agent Orange, VA made it easier for these exposed veterans to prove service connection, as long as they served in qualifying times and places that would have reasonably exposed them to the herbicide.

Looking to earn service connection for Parkinson’s disease? Watch CCK Law’s Samuel Pihan and Nicholas Briggs cover the options available for veterans with Parkinson’s:

Play

When Is Parkinson’s Disease a VA Presumptive Disability?

Parkinson’s disease can be a VA presumptive disability for veterans who were exposed to Agent Orange or certain contaminants in the water at Camp Lejeune, or who suffered a traumatic brain injury (TBI) during their service.

Parkinson’s and Agent Orange

Veterans exposed to the herbicide Agent Orange who went on to develop Parkinson’s may be able to earn presumptive service connection for this condition.

Under the PACT Act, veterans who served in the following locations and times may be eligible for a Parkinson’s disease presumption:

• The Republic of Vietnam from January 9, 1962, to May 7, 1975 (including Brown Water and Blue Water Navy veterans)
• Thailand, at any U.S. or Thai base from January 9, 1962, to June 30, 1976, without regard to the veteran’s MOS or where on base they were located
• Laos from December 1, 1965, to September 30, 1969
• Cambodia, specifically at Mimot or Krek, Kampong Cham Province from April 16, 1969, to April 30, 1969
• Guam or American Samoa or in the territorial waters thereof from January 9, 1962, to July 30, 1980
• Johnston Atoll or a ship that called at Johnston Atoll from January 1, 1972, to September 30, 1977
• On or near the Korean demilitarized zone (DMZ) between September 1, 1967, and August 31, 1971
• Active duty and reservist personnel who had regular contact with C-123 aircraft between 1969 and 1986

Congress has also added Parkinson’s-like symptoms to VA’s list of presumptive conditions for Agent Orange exposure. While this condition shares some symptoms with Parkinson’s disease, it is a distinct disorder with several possible causes, including chemical exposure.

Parkinson’s Disease and Camp Lejeune Water Exposure

VA does recognize Parkinson’s disease as a potential result of exposure to contaminated water at Camp Lejeune.

From August 1953 to December 1987, volatile organic compounds (VOCs) contaminated the groundwater at Camp Lejeune, a military training facility in North Carolina. Those living on the base were exposed to toxins like trichloroethylene (TCE) when using the local water to bathe or drink.

To qualify for VA presumptions related to Camp Lejeune exposure, veterans must have served at the camp for 30 or more cumulative days during the period of August 1, 1953, to December 31, 1987.

If veterans meet this qualification and later developed Parkinson’s disease, they may be eligible for a VA presumption for their condition.

Want a full breakdown on VA benefits for Camp Lejeune contamination? Watch CCK Law Partners Christian McTarnaghan and Christine Clemens discuss what veterans need to know:

Play

Is Parkinson’s Disease a Presumptive Condition for Traumatic Brain Injury (TBI)?

Yes, if a veteran suffered a moderate or severe traumatic brain injury (TBI) during their military service and went on to develop Parkinson’s disease, their Parkinson’s may qualify for a VA presumption.

VA measures the initial severity of a TBI based on symptoms like loss of consciousness and amnesia, with possible rankings of mild, moderate, or severe. To qualify for VA presumptions for Parkinson’s disease related to TBI, the veteran’s TBI must have been ranked as moderate or severe.

If the veteran’s TBI was serious enough, it does not matter how long it might have taken for the veteran to develop Parkinson’s, and they should still qualify for a VA presumption.

What Evidence Should I Submit to VA for a Presumptive Parkinson’s Claim?

For a presumptive claim for Parkinson’s, veterans should submit evidence to VA that proves both their diagnosis and their eligibility for presumptive service connection. Some examples of evidence that could help accomplish this include:

• Medical records containing the veteran’s Parkinson’s diagnosis, as well as any other relevant conditions (e.g., evidence of a service-connected TBI).
• Service records detailing where and when the veteran was deployed, so that VA can acknowledge the eligibility of the veteran’s service for a presumption.

For presumptive claims, it may not be necessary for the veteran to submit a medical nexus opinion or evidence of an in-service event, since the presumption itself will account for one or both of these elements of service connection.

Did VA Deny Your Parkinson’s Claim? Contact CCK Law

Frequently Asked Questions

Does VA’s presumption for Parkinson’s disease cover all veterans, or only those from specific eras?

VA’s Parkinson’s presumptions are limited to veterans who meet specific service criteria. For instance:

• Agent Orange presumptions apply to veterans who served in qualifying locations and times that may have exposed them to the herbicide Agent Orange.
• The Camp Lejeune presumption applies to those who served at the base for at least 30 cumulative days between August 1, 1953, and December 31, 1987.
• The TBI-based presumption is not era-specific but requires that the veteran suffered a moderate or severe TBI during service.

Veterans who do not fall into one of these categories may still pursue direct service connection for their Parkinson’s.

Can I receive VA disability benefits for Parkinson’s disease if I do not qualify for a presumption?

Yes, you may be able to. Even if a veteran does not qualify for presumptive service connection, they may still be able to establish direct service connection for Parkinson’s disease.

This can be accomplished by submitting the following to VA:

• An official diagnosis of Parkinson’s,
• Evidence of an in-service event or exposure that may have caused Parkinson’s, and
• A medical nexus opinion, which is a statement from a medical professional linking the veteran’s diagnosis to the in-service event.

Veterans may also be eligible for secondary service connection if their Parkinson’s disease was caused or aggravated by another condition that is already service connected.

How does VA rate Parkinson’s disease for disability compensation purposes?

VA rates Parkinson’s disease under 38 CFR § 4.124a, Diagnostic Code 8004, with a minimum disability rating of 30 percent.

However, VA may also evaluate a veteran’s Parkinson’s based on individual symptoms like difficulty swallowing, speech problems, tremors, and more. After these individual symptoms are accounted for, VA will combine these ratings using VA math, and if the resultant rating is higher than 30 percent, then that will be the Parkinson’s rating they receive.

On the other hand, if the combined rating of these symptoms is lower than 30 percent, the veteran will keep their 30 percent minimum rating for Parkinson’s.

For more information, check out CCK Law’s dedicated article on Parkinson’s disease: Parkinson’s Disease and VA Disability Compensation

What is the difference between Parkinson’s disease and Parkinson’s-like symptoms for VA purposes?

When it comes to eligibility for Agent Orange presumptions, VA treats Parkinson’s disease and Parkinson’s-like symptoms as two distinct conditions. This helps make it possible for Agent Orange-exposed veterans to receive a presumption for Parkinson’s-like symptoms even if their condition does not meet the clinical criteria for a full Parkinson’s disease diagnosis.

When it comes to ratings, VA typically rates Parkinson’s disease under Diagnostic Code 8004, which carries a minimum rating of 30 percent. VA may also rate Parkinson’s-like symptoms using this same framework.

However, in both cases, VA will typically focus on any additional symptoms and rate them individually, with the resulting combined rating often serving as the veteran’s official rating for the disability.

Can dependents or surviving family members of veterans with Parkinson’s disease receive VA benefits?

Potentially, yes. Surviving spouses, dependent children, and dependent parents of veterans who died from a service-connected condition like Parkinson’s disease may be eligible for Dependency and Indemnity Compensation (DIC), which is paid out on a monthly basis to survivors.

Additionally, veterans with severe Parkinson’s who require daily assistance may qualify for Special Monthly Compensation (SMC) for Aid and Attendance, which can provide additional financial support for both the veteran and their household.