The use of Agent Orange and similar herbicides in Vietnam exposed many veterans to toxic chemicals. VA has acknowledged that this exposure can cause a number of different diseases. Parkinson’s disease is one of the diseases that Agent Orange exposure causes.
Parkinson’s disease is a disorder of the central nervous system. Men and women that suffer from Parkinson’s disease often experience tremors. They also experience slowness of movement. Doctors can treat Parkinson’s disease with medication, but it is progressive.
Presumption that Parkinson’s disease was caused by Agent Orange exposure
Parkinson’s disease is on the list of conditions that VA presumes are caused by Agent Orange exposure. When you file a claim, VA should determine that your Parkinson’s disease is a service-connected disability. If they do not, then you are probably going to need to file a notice of disagreement to appeal your denial of service connection. If VA grants service connection, they should issue a rating decision giving VA’s opinion on the amount of your disability.
How is the disability rating for Parkinson’s disease calculated?
VA’s rating decision will contain a disability rating. Generally, each condition has a separate diagnostic code, which is a four-digit number and name.
But, if you look in the ratings tables, you will not find Parkinson’s disease listed by that name. Instead, Parkinson’s disease is rated using code 8004 – Paralysis agitans. This diagnostic code assigns a 30% rating, but that is a minimum rating. But, most veterans with Parkinson’s disease should receive a rating higher than the 30% minimum. Because rating Parkinson’s is as complex as the disease itself, I wrote this article that focuses exclusively on Parkinson’s disease ratings.
What if the rating decision is incorrect?
Your rating decision from VA may be wrong. VA might determine that your Parkinson’s disease is not service-connected because there was no event or diagnosis during your time of service. But, direct service-connection (often through an Agent Orange presumption) is only one way to achieve your goal.
There are other means to service-connection that we will talk about in future blogs. If VA has granted service-connection and rated you for Parkinson’s disease, there is a very good chance your rating is too low since there are so many separate sets of symptoms that VA must evaluate as part of this multi-faceted disease.
If you think your rating decision is wrong, you can appeal the decision by filing a notice of disagreement. Also, you can file for an increased rating if your Parkinson’s disease gets worse.
Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. He regularly writes about issues that are important to veterans and their families.
You can subscribe to his Veterans Disability channel on YouTube.
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I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
