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Principles relating to service connection.

(d) Postservice initial diagnosis of disease. Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. Presumptive periods are not intended to limit service…

Disease subject to presumptive service connection.

§ 3.309. Disease subject to presumptive service connection. (a) Chronic diseases. The following diseases shall be granted service connection although not otherwise established as incurred in or aggravated by service if manifested to a compensable degree within the applicable time limits under §…

Presumptive service connection; peacetime service before January 1, 1947.

§ 3.308. Presumptive service connection; peacetime service before January 1, 1947. (a) Chronic disease. There is no provision for presumptive service connection for chronic disease as distinguished from tropical diseases referred to in paragraph (b) of this section based on peacetime service…

Presumptive service connection for amyotrophic lateral sclerosis.

§ 3.318. Presumptive service connection for amyotrophic lateral sclerosis. (a) Except as provided in paragraph (b) of this section, the development of amyotrophic lateral sclerosis manifested at any time after discharge or release from active military, naval, air, or space service is sufficient…

Presumptive service connection for tuberculous disease; wartime and service on or after January 1, 1947.

§ 3.371. Presumptive service connection for tuberculous disease; wartime and service on or after January 1, 1947. (a) Pulmonary tuberculosis. (1) Evidence of activity on comparative study of X-ray films showing pulmonary tuberculosis within the 3-year presumptive period provided by § 3.307(a)(3)…

Presumptive service connection for chronic, tropical, or prisoner-of-war related disease, disease associated with exposure to certain herbicide agents, or disease associated with exposure to contaminants in the water supply at Camp Lejeune; wartime and service on or after January 1, 1947.

(d) Rebuttal of service incurrence or aggravation. (1) Evidence which may be considered in rebuttal of service incurrence of a disease listed in § 3.309 will be any evidence of a nature usually accepted as competent to indicate the time of existence or inception of disease, and medical judgment…

Presumptive service connection for leukemias, multiple myelomas, myelodysplastic syndromes, and myelofibrosis.

§ 3.320b. Presumptive service connection for leukemias, multiple myelomas, myelodysplastic syndromes, and myelofibrosis. (a) Presumption of exposure. A covered veteran as defined in § 3.320a(c) shall be presumed to have been exposed to certain toxic substances, chemicals, and airborne hazards…

Presumptive service connection for bladder, ureter, and related genitourinary cancers.

§ 3.320a. Presumptive service connection for bladder, ureter, and related genitourinary cancers. (a) Presumption of exposure. A covered veteran as defined in paragraph (c) of this section shall be presumed to have been exposed to certain toxic substances, chemicals, and airborne hazards…

Dependents' educational assistance; certification.

(c) Service connection. For purpose of this section, the term “service-connected disability” encompasses combinations of disabilities of paired organs or extremities treated as if service-connected under the provisions of § 3.383(a) of this part. The standards and criteria for determining…

Service connection.

§ 3.957. Service connection. Service connection for any disability or death granted or continued under title 38 U.S.C., which has been in effect for 10 or more years will not be severed except upon a showing that the original grant was based on fraud or it is clearly shown from military records…

General.

(2) Disability compensation —(i) Direct service connection (§ 3.4(b)). Day following separation from active service or date entitlement arose if claim is received within 1 year after separation from service; otherwise, date of receipt of claim, or date entitlement arose, whichever is later…

Claims based on the effects of tobacco products.

§ 3.300. Claims based on the effects of tobacco products. (a) For claims received by VA after June 9, 1998, a disability or death will not be considered service-connected on the basis that it resulted from injury or disease attributable to the veteran's use of tobacco products during service. For…

Pulmonary tuberculosis shown by X-ray in active service.

§ 3.370. Pulmonary tuberculosis shown by X-ray in active service. (a) Active disease. X-ray evidence alone may be adequate for grant of direct service connection for pulmonary tuberculosis. When under consideration, all available service department films and subsequent films will be secured and…

Direct service connection; wartime and peacetime.

(f) Posttraumatic stress disorder. Service connection for posttraumatic stress disorder requires medical evidence diagnosing the condition in accordance with § 4.125(a) of this chapter; a link, established by medical evidence, between current symptoms and an in-service stressor; and credible…

Direct service connection; peacetime service before January 1, 1947.

§ 3.305. Direct service connection; peacetime service before January 1, 1947. (a) General. The basic considerations relating to service connection are stated in § 3.303. The criteria in this section apply only to disabilities which may have resulted from service other than in a period of war…

Minimum active-duty service requirement.

(d) Exclusions. The provisions of paragraph (b) of this section are not applicable to the following cases: (1) To a person who is discharged or released under 10 U.S.C. 1171 or 1173 (early out or hardship discharge). (2) To a person who is discharged or released from active duty for a disability…

Service connection for mental unsoundness in suicide.

§ 3.302. Service connection for mental unsoundness in suicide. (a) General. (1) In order for suicide to constitute willful misconduct, the act of self-destruction must be intentional. (2) A person of unsound mind is incapable of forming an intent (mens rea, or guilty mind, which is an essential…

Determination of service connection for former members of the Armed Forces of Czechoslovakia or Poland.

§ 3.359. Determination of service connection for former members of the Armed Forces of Czechoslovakia or Poland. Rating boards will determine whether or not the condition for which treatment is claimed by former members of the Armed Forces of Czechoslovakia or Poland under 38 U.S.C. 109(c) is…

Disabilities that are proximately due to, or aggravated by, service-connected disease or injury.

§ 3.310. Disabilities that are proximately due to, or aggravated by, service-connected disease or injury. (a) General. Except as provided in § 3.300(c), disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service…

Effect of change of diagnosis.

§ 4.13. Effect of change of diagnosis. The repercussion upon a current rating of service connection when change is made of a previously assigned diagnosis or etiology must be kept in mind. The aim should be the reconciliation and continuance of the diagnosis or etiology upon which service…