Venereal Diseases And Veterans Disability Benefits
Although the VA used to consider drug abuse willful misconduct that prevented claimants from received veterans disability benefits, the same is not true for venereal diseases. A venereal disease, also known as a Sexually Transmitted Disease (STD), is an illness with a significant probability of transferring from human to human. There are unique rules related to getting veterans disability benefits and contracting an STD. Specifically, the VA does not regard any STD’s willful conduct.
38 C.F.R. Section 3.302(a)(1) holds, “In order to be considered willful misconduct, the act of self-destruction must be intentional.” However, under 38 C.F.R. Section 3.301(c)(1), the regulations go on to state that “the residuals of venereal disease are not considered to be the result of willful misconduct.”
What does 38 C.F.R. Section 3.301(c)(1) mean for you?
If you are a veteran who contracted a venereal disease during service, you may be eligible for veterans disability benefits. STD’s by regulation do not disqualify you from getting disability benefits the same way drug or alcohol use can.
If you or a loved one has applied for veterans disability benefits, the process can be long and tedious. Having an veterans disability attorney by your side who focuses his practice to helping the disabled can significantly improve your chances of winning. For more information on applying for veterans disability benefits, complete our no obligation free consultation form today!