Time Since Separation (Chronic Diseases)
It has been recognized that some disabilities take some time to manifest themselves after the Veteran has separated. If the Veteran served at least 90 days of continuous Active Duty service and is diagnosed with any of these diseases within the time frames AND the severity warranted at least a 10% evaluation (WITHIN the time frame), they will be granted presumptive service-connection.
IMPORTANT NOTES:
There is a common misconception that any disease/disability diagnosed within a year of separation will get presumptive service-connection. This is NOT true! ONLY the conditions listed below are considered presumptive! As per 38 CFR § 3.307a.
This is NOT to say that a Veteran cannot get those diseases/disabilities service-connected, they simply will not be automatically granted.
National Guard and Reservists who have served for at least 90 days are NOT automatically eligible for these presumptives! If the applicable period of service is considered Active Duty Training (ADT)* or Inactive Duty Training (IADT) then the Veteran can get presumptive consideration ONLY IF the VA grants service-connection for a disability/disease linked directly to that period of ADT/IADT!
*Title 32 service can be considered ADT.
One Year
Cardiovascular-renal disease, including Hypertension. (This term applies to combination involvement of the type of arteriosclerosis, nephritis, and organic heart disease, and since hypertension is an early symptom long preceding the development of those diseases in their more obvious forms);
Endocarditis (This term covers ALL forms of valvular heart disease);
Tumors, malignant, of the brain, spinal cord, or peripheral nerves;
Ulcers, peptic (gastric or duodenal) (A proper diagnosis of gastric or duodenal ulcer (peptic ulcer) is to be considered established if it represents a medically sound interpretation of sufficient clinical findings warranting such diagnosis and provides an adequate basis for a differential diagnosis from other conditions with like symptomatology; in short, where the preponderance of evidence indicates gastric or duodenal ulcer (peptic ulcer). Whenever possible, of course, laboratory findings should be used in corroboration of the clinical data.
*This includes but is not limited to:
Three Years
Seven Years
Life of the Veteran
Frequently Asked Question
-
Sometimes the VBA makes a mistake or they are missing evidence that would indicate you are an eligible Veteran with a diagnosed condition. If this happens, it is strongly recommended that you seek out the assistance of a VSO to help you file an Appeal.
Additionally,
If there is documentation that after the Veteran's separation there was a supervening condition or event that was more than likely the etiology of the disease, the Veteran may be denied service-connection.
References
38 CFR § 3.309 - Disease subject to presumptive service connection
38 CFR § 3.318 - Presumptive service connection for amyotrophic lateral sclerosis
M21-1, Part III.i.1.A.2.i. Considering Presumptive SC Based on ADT and IADT
M21-1, Part V.iii.12.A.1.d. Other Organic Diseases of the Nervous System Under 38 CFR 3.309(a)
M21-1, Part VIII, Subpart iv, Chapter 5 - Service Connection (SC) for Chronic Diseases