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Am I Reading And Understanding This Right

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Gridsmasher11

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Berta or some of the oldtimers, am I reading and understanding this right...I didn't include the complete list from 3.309 just as far as Diabetes Mellitus which is the one concerned about.......The way I am comprehending this is that if this chronic disease (diabetes) appears within established time limit after service or as established by VA..........In my case I have been diagnosed with diabetes, am a Gulf War vet and according to what I am understanding here my diabetes is considered a presumptive disease if it manifests at 10% or more.......

Thanks for all helpfull input ahead of time....Grid

Authority: 38 U.S.C. 1116(a)(4)) (ii) The diseases listed at §3.309(e) shall have become manifest to a degree of 10 percent or more at any time after service, except that chloracne or other acneform disease consistent with chloracne, porphyria cutanea tarda, and acute and subacute peripheral neuropathy shall have become manifest to a degree of 10 percent or more within a year after the last date on which the veteran was exposed to an herbicide agent during active military, naval, or air service.

§ 3.309 Disease subject to presumptive service connection.

a) Chronic diseases. The following diseases shall be granted service connection although not otherwise established as incurred in or aggravated by service if manifested to a compensable degree within the applicable time limits under §3.307 following service in a period of war or following peacetime service on or after January 1, 1947, provided the rebuttable presumption provisions of §3.307 are also satisfied.

Anemia, primary.

Arteriosclerosis.

Arthritis.

Atrophy, progressive muscular.

Brain hemorrhage.

Brain thrombosis.

Bronchiectasis.

Calculi of the kidney, bladder, or gallbladder.

Cardiovascular-renal disease, including hypertension. (This term applies to combination involvement of the type of arteriosclerosis, nephritis, and organic heart disease, and since hypertension is an early symptom long preceding the development of those diseases in their more obvious forms, a disabling hypertension within the 1-year period will be given the same benefit of service connection as any of the chronic diseases listed.)

Cirrhosis of the liver.

Coccidioidomycosis.

Diabetes mellitus

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  • Content Curator/HadIt.com Elder

Here's a snippet from §3.307 regarding the timeframes for chronic diseases

www.warms.vba.va.gov/regs/38CFR/BOOKB/PART3/S3_307.DOC

§3.307 (a) (2) Separation from service. For the purpose of paragraph (a)(3) and (4) of this section the date of separation from wartime service will be the date of discharge or release during a war period, or if service continued after the war, the end of the war period. In claims based on service on or after January 1, 1947, the date of separation will be the date of discharge or release from the period of service on which the claim is based.

§3.307 (a) (3) Chronic disease

The disease must have become manifest to a degree of 10 percent or more within 1 year (for Hansen’s disease (leprosy) and tuberculosis, within 3 years; multiple sclerosis, within 7 years) from the date of separation from service as specified in paragraph (a)(2) of this section

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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To answer your question yes! You new guys that are getting out also get 5 years healthcare I believe and also if you can get a consult into dental you get some care there.

Good luck to you and thank you for your service!!

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