Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Presumptives - Arthritis

Rate this question


Vync

Question

  • Content Curator/HadIt.com Elder

The 'presumptives' page here on Hadit indicates that if a Veteran is diagnosed with arthritis within one year after discharge, then it is considered a presumptive condition.

If someone was diagnosed with arthritis while in the service, do they still need to be diagnosed with arthritis again within one year after discharge in order for the presumptive to apply?

"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.

 

Link to comment
Share on other sites

  • Answers 3
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

3 answers to this question

Recommended Posts

The 'presumptives' page here on Hadit indicates that if a Veteran is diagnosed with arthritis within one year after discharge, then it is considered a presumptive condition.

If someone was diagnosed with arthritis while in the service, do they still need to be diagnosed with arthritis again within one year after discharge in order for the presumptive to apply?

I have always understood that if something is noted in your SMR and you have continued treatment after it is Service Connected. I don't believe a time period would apply under this situation.

Link to comment
Share on other sites

  • Content Curator/HadIt.com Elder

Vync,

Check out 38 CFR 3.309

http://edocket.acces.../38cfr3.309.htm

Aha... It's right here. Thanks!

Sec. 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 Sec. 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 Sec. 3.307 are also satisfied.

"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.

 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use