The Department of Veterans Affairs (VA) has established critical presumptive rules for certain chronic diseases, designed to ensure veterans receive rightful compensation for disabilities related to their military service. Known as the “chronic disease presumption,” this legal framework can make the difference in gaining approval for a service connection, even if no symptoms were documented during active duty. Understanding how this presumption works, what conditions it covers, and the steps to successfully present a claim can be pivotal for veterans seeking VA disability benefits.
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What Is the VA Chronic Disease Presumption?
The VA maintains a list of about 40 different chronic diseases covered under 38 CFR § 3.309(a). For these specific conditions, if a veteran is diagnosed or begins to manifest symptoms within one year after leaving active duty service, the VA presumes the illness is connected to service, regardless of whether any evidence existed during the veteran’s time in uniform. The rationale is straightforward: if a serious, chronic diagnosis appears so soon after service, it is likely the disease process began during military service, even if it was undiagnosed at the time.