ALS -our most unique Presumptive

[Berta]

ALS presumptive.

My church prays for a relative of our Pastor . I don’t know if the relative is a veteran, but do know they have ALS.I will find out today if the relative is a vet and then advise the Pastor of the VA benefits that he might not be aware of.

In any event when Secretary Peake added ALS to the presumptive list- it was a very unique criteria.Maybe a good time to mention the regulations again.

“However, effective September 23, 2008, VA issued a regulation establishing presumptive service connection for ALS.  See 38 C.F.R. § 3.318; see also 73 Fed. Reg. 54691 (Sept. 23, 2008).  This regulation provides that the development of ALS manifested at any time after discharge or release from active military, naval, or air service is sufficient to establish service connection for that disease if the veteran had active, continuous service of 90 days or more.  38 C.F.R. § 3.318.”

https://www.va.gov/vetapp16/files3/1625597.txt

The rating criteria for ALS changed significantly in January 2010:

 

“Thereafter, the RO issued a July 2011 rating decision granting an increase to 80 percent for the service-connected ALS.  Subsequent to that rating decision, there was a change in the diagnostic criteria with respect to ALS, such that a 100 percent rating is mandatory for ALS.  The effective date of the change in the regulation is January 19, 2012.  A March 2012 rating decision increased the Veteran's evaluation for ALS to 100 percent effective January 19, 2012, based on that change.  A May 2012 rating decision confirmed and continued that rating.”

https://www.va.gov/vetapp17/files8/1750476.txt

 

100% is the mandatory rating for ALS in any affected veteran, regardless of when and where they served…if the meet the 90 day continuous service requirement.

 

Edited March 27, 2018 by Berta
added more