Als Presumption Published

[ZenArcher]

§ 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, or air service is sufficient to establish service connection for that disease.

(b) Service connection will not be established under this section:

(1) If there is affirmative evidence that amyotrophic lateral sclerosis was not incurred during or aggravated by active military, naval, or air service;

(2) If there is affirmative evidence that amyotrophic lateral sclerosis is due to the veteran's own willful misconduct; or

(3) If the veteran did not have active, continuous service of 90 days or more.

(Authority: 38 U.S.C. 501(a)(1))

[73 FR 54693, Sept. 23, 2008]

Available at: http://ecfr.gpoaccess.gov/cgi/t/text/text-....1.1.4.1.65.125

[Wings]

CFR 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, or air service is sufficient to establish service connection for that disease.

(b) Service connection will not be established under this section:

(1) If there is affirmative evidence that amyotrophic lateral sclerosis was not incurred during or aggravated by active military, naval, or air service;

(2) If there is affirmative evidence that amyotrophic lateral sclerosis is due to the veteran's own willful misconduct; or

(3) If the veteran did not have active, continuous service of 90 days or more.

(Authority: 38 U.S.C. 501(a)(1))

[73 FR 54693, Sept. 23, 2008]

Zen, are you happy with the way this regulation is written? I find it very ambiguous! There too much wiggle room for the VA under (b)(1); it's almost as if they are stating that unless ALS was diagnosed while active duty, then a VA medical opinion could easily rule out inception? And even remotely suggesting that a veteran could cause ALS by willful misconduct --tells me the VA doesn't know jackshit about the disease.

Can you tell us more about the legislation, the rule making process in the Federal Register would have a much broader interpretation of this new law. ~Wings

[ZenArcher]

As it stands if you are diagnosed with ALS and have served 90 days continuous service you are presumed connected. The stipulations added are blanket statements. The same ones exist for Gulf War Syndrome and most other presumptive conditions. The way things have been communicated to us we should have nothing to worry about. Now having said that my claim has been active for over 17 months now and still nothing so we'll see.

[Wings]

As it stands if you are diagnosed with ALS and have served 90 days continuous service you are presumed connected. The stipulations added are blanket statements. The same ones exist for Gulf War Syndrome and most other presumptive conditions. The way things have been communicated to us we should have nothing to worry about. Now having said that my claim has been active for over 17 months now and still nothing so we'll see.

Zen, In the time since you filed claim, the regulations have changed, and are in your favor . . . I sincerely hope that there is a speedy and succesful resolution for yourself and other vets. Thanks for helping others. Keep us posted. ~Wings