38 CFRUpdated
Regulation text

§ 3.305Direct service connection; peacetime service before January 1, 1947.

The full text of this section from 38 CFR. Check the official source for the controlling version before you rely on it.

View official source

Looking for something else?

Full text of § 3.305295 words

(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 before January 1, 1947.

(b)

Presumption of soundness. A peacetime veteran who has had active, continuous service of 6 months or more will be considered to have been in sound condition when examined, accepted and enrolled for service, except as to defects, infirmities or disorders noted at the time thereof, or where evidence or medical judgment, as distinguished from medical fact and principles, establishes that an injury or disease preexisted service. Any evidence acceptable as competent to indicate the time of existence or inception of the condition may be considered. Determinations based on medical judgment will take cognizance of the time of inception or manifestation of disease or injury following entrance into service, as shown by proper service authorities in service records, entries or reports. Such records will be accorded reasonable weight in consideration of other evidence and sound medical reasoning. Opinions may be solicited from Department of Veterans Affairs medical authorities when considered necessary.

(c)

Campaigns and expeditions. In considering claims of veterans who engaged in combat during campaigns or expeditions satisfactory lay or other evidence of incurrence or aggravation in such combat of an injury or disease, if consistent with the circumstances, conditions or hardships of such service will be accepted as sufficient proof of service connection, even when there is no official record of incurrence or aggravation. Service connection for such injury or disease may be rebutted by clear and convincing evidence to the contrary.

[26 FR 1580, Feb. 24, 1961, as amended at 28 FR 3088, Mar. 29, 1963; 39 FR 34530, Sept. 26, 1974]

End of § 3.305

This text is a rendering of § 3.305. The official version is the one that governs your claim.

View official source
What next

Using this section

A regulation only helps if you point at it. Here is how to put this one to work.

  1. Cite it by number

    Write § 3.305 into your statement and quote the sentence you are relying on. A rater reading a claim that names the rule spends less time guessing what you meant.

  2. Find the rest of the rule

    Sections cross-reference each other constantly. Search 38 CFR and M-21-1 for any reference this one sends you to.

  3. Check the percentages

    Procedure is one half of a claim; the rating criteria are the other. Browse the rating schedule for the diagnostic code that covers your condition.

See what this means for your claim.

Six reads your file against the rules that actually apply to it and tells you what the VA is still missing.

Start for freeBrowse all VA regulations