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Compensation

Diseases Within One-Year Post-Service

VA presumes service connection for certain diseases even though they were not present during military service. Some of these diseases in which presumptive service connection may be granted include hypertension, arthritis, diabetes mellitus, and peptic ulcers. A complete list of diseases is in Title 38, Code of Federal Regulation, 3.309(a). 

The post-service disease must be at a compensable degree (i.e., 10% or more disabling) within one year after the date of separation from service, with certain exceptions. The regulation that governs eligible service dates for diseases that occur within one year after separation from service is in Title 38, Code of Federal Regulation, 3.307(a)(2) and (a)(3).

Eligibility Requirements

  • You must be a Veteran who was discharged under conditions other than dishonorable.
  • You must have a disease that is at least 10% disabling within one year after separation from service
  • The disease must be among those listed in Title 38, Code of Federal Regulation, 3.309(a)

Exception: The requirement that the disease must have appeared within one year of separation from service does not apply to the following:

  • Hansen's Disease must have appeared within three years after separation.
  • Tuberculosis must have appeared within three years after separation.
  • Multiple sclerosis must have appeared within seven years after separation.
  • Amyotrophic Lateral Sclerosis (ALS), also known as Lou Gehrig's Diease any time after separation from service

Evidence Requirements

  • The evidence must show that the disease is at least 10 percent disabling. (An example is you're taking medication for hypertension.)
  • The evidence must show the disease appeared within the time limits shown above.

How to Apply

For more information on how to apply and for tips on making sure your claim is ready to be processed by VA, visit our How to Apply page.

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