--- title: "Part XIII, Subpart i, Chapter 3, Section C Service Connection (SC) for Mental Conditions for Treatment Purposes Under 38 U.S.C. 1702" document: "M-21-1" section: "Part XIII, Subpart i, Chapter 3, Section C" canonical: "https://veteranai.co/va-regulations/m21-1/xiii.i.3.c-service-connection-sc-for-mental-conditions-for-treatment" source: "https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000173839/M21-1-Part-XIII-Subpart-i-Chapter-3-Section-C-Service-Connection-SC-for-Mental-Conditions-for-Treatment-Purposes-Under-38-USC-1702" updated: "2026-09-07T14:38:09.371779Z" --- Feburary 13, 2020 ### XIII.i.3.C.1.a. SC for Mental Conditions for Treatment Purposes Under 38 U.S.C. 1702 [38 U.S.C. 1702]() creates a presumption of service connection (SC) for the purpose of eligibility for VA treatment for * psychoses based on wartime service, or * any mental condition based on Persian Gulf War service. Claims for medical or psychological treatment are normally determined by the Veterans Health Administration (VHA) without referral to the Veterans Benefits Administration (VBA). However, a medical facility may require information or a determination from VBA **References:** For more information on * determining eligibility for medical care see [M21-1, Part XIII, Subpart i, 3.A](), and * the definition of Persian Gulf War service, see [38 CFR 3.2(i)](). ### XIII.i.3.C.1.b. When VBA Must Decide the Issue of SC Under 38 U.S.C. 1702 VBA must decide the issue of SC for a psychosis or other mental condition under [38 U.S.C. 1702]() when * requested by VHA, or * when a decision maker finds the facts **_support_** the [38 U.S.C. 1702]() criteria in the course of denying SC for compensation purposes for * a psychosis based on wartime service, or * any mental disorder based on Persian Gulf War service. **References:** For more information on * the [38 U.S.C. 1702]() criteria, see M21-1 Part XIII, Subpart i, 3.C.1.c * VHA-requested determinations, see M21-1, Part XIII, Subpart i, 3.C.1.d * rating decision requirements, see M21-1, Part XIII, Subpart i, 3.C.1.e, and * considering issues within scope of a claim, see [M21-1, Part V, Subpart ii, 3.A.2](). ### XIII.i.3.C.1.c. 38 U.S.C. 1702 Criteria for SC for Mental Conditions for Treatment Purposes [38 U.S.C. 1702]() provides that SC is presumed for Department of Veterans Affairs (VA) treatment purposes for a Veteran of * any war period who develops a psychosis, or * the Persian Gulf War who develops any mental illness within * two years after the date of separation (under other than dishonorable conditions) from such service, _and_ * two years after the end of the war period. **Important:** _Both_ criteria must be met for the presumption to arise. The presumption that the qualifying disability was incurred in service for treatment purposes does _not_ apply if * a qualifying mental ilness develops _more_ than two years after the end of the _war period_ , even if the condition develops less than _,_ or at, two years after _discharge_ , or * a qualifying mental illness develops more than two years after _service discharge_ even if that was _during_ wartime or _less than, or at_ , two years thereafter. **Notes:** * It is _not_ necessary for the Veteran to have had 90 days of service to qualify. * Persian Gulf War Veterans who manifest primary diagnoses of substance abuse disorders within the applicable timeframes described above will be entitled to mental health treatment for those disorders under [38 U.S.C. 1702]() even though the laws administered by VA prohibit awards of monetary benefits for conditions of misconduct etiology. **References:** For more information on * the definition of psychosis, see * [38 CFR 3.384](), and * [M21-1, Part V, Subpart iii, 13.1.f](), and * primary disabilities involving willful misconduct, see [M21-1, Part X, Subpart iv, 1.D](). ### XIII.i.3.C.1.d. VHA Requests for 38 U.S.C. 1702 Determinations The table below describes the process when VHA requests a VBA determination of SC under [38 U.S.C. 1702](). | **Stage** | **Description** 1 | VHA submits requests for determination of SC accompanied by * a copy of a completed * [_VA Form 10-10EZ, Application for Health Benefits_](), or * [_VA Form 10-10EZR, Health Benefits Update Form_](), and * [_VA Form 10-10M, Medical Certificate_](), and * any other available professional report submitted with, or developed in conjunction with, the application for hospital or outpatient treatment. 2 | Follow the procedure for processing a request for rating activity action in [M21-1, Part XIII, Subpart i, 3.A](). ### XIII.i.3.C.1.e. Addressing a VHA-requested 38 U.S.C. 1702 Determination in the Rating Decision Use the table below when issuing a rating decision in response to a **_request by VHA_** for a [38 U.S.C. 1702]() determination. | **If t he criteria for SC under 38 U.S.C. 1702 ...** | **Then ...** are met | * the decision should be a separate issue in the rating decision, and * the _Codesheet_ will show the text _Active Psychosis/GW Mental, SC for Treatment Only_. are _**not**_ met | * the decision should be a separate issue in the rating decision and * the _Codesheet_ will show the text _Active Psychosis/GW Mental, NSC-1702. _ **Note:** When addressing a VHA request for a 1702 determination, the issue of SC of a mental disorder for treatment purposes under the provisions of [38 U.S.C. 1702]() **_should_** **_always_** be listed as a separate or stand-alone issue. **Reference:** For more information on addressing the subordinate or inferred issue of [38 U.S.C. 1702]() in the rating decision see M21-1, Part XIII, Subpart i, 3.C.1.f. ### XIII.i.3.C.1.f. Addressing the Subordinate Issue of 38 U.S.C. 1702 in the Rating Decision Use the table below when considering the subordinate issue of SC for treatment purposes under [38 U.S.C. 1702]() based on a denial of SC for compensation purposes for * a psychosis based on wartime service, or * any mental illness based on Persian Gulf War service. | **If the criteria for SC under 38 U.S.C. 1702 ...** | **Then ...** are established | * in the rating decision address the subordinate issue as a separate decision from the decision on the mental conditon, and * ensure the rating _Codesheet_ , shows “ _Active Psychosis/GW Mental--SC for Treatment Only_ ” or equivalent. **Exception:** If a previous decision has awarded entitlement, there is no need to address it again. are _**not**_ established | do not address the matter at all in the rating decision. **Important:** SC for treatment purposes under [38 U.S.C 1702]() is not a subordinate issue and should not be decided in cases for which * [38 U.S.C. 1702]() determination has not been requested by VHA * a bereavement diagnosis is the only diagnosis noted in the mental examination, as this is considered an acute and transitory condition, or * a claim for SC for compensation purposes of a psychosis based on any wartime service or any mental illness based on Persian Gulf War service is denied, _and_ under the facts of record the [38 U.S.C. 1702]() presumption would not arise.