The Chronic Presumptives In

[Berta]

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?type=simple;c=ecfr;cc=ecfr;rgn=div8;idno=38;q1=3.309;sid=8810eabd3a17b04d69a91436c1460478;view=text;node=38%3A1.0.1.1.4.1.66.117

I can never seem to find the regs on the Chronic presumptives here.I know they ARE here, I just can never seem to find them.

It pays to mention them again.

I did some volunteer work for my former vet rep years ago and the last claim I handled for him involved me using these regs.

The veteran clearly had manifestations of his claimed SC condition in his inservice medical records but it had not been diagnosed by the mil.He had multiple treatments for VD inservice but as I recall I was able to prove he didnt have VD at all and had ,more than likely, a manifestation of his claimed disability.

I must have read these regs ( 38 CFR 3.309 )a dozen times at least and it took a considerable amount of time to find in his SMRs anything that indicated symptomatology of his disability in addition to the VD entries. He had been to the CAVC twice when I met him and was back again at the BVA.

His rep never even considered the chronic presumptives and over a twelve year period where he managed to keep his claim actively in appeal status- NO ONE even considered what was in his SMRs.

(Not even the 2 lawyers he had)

We presented what I had found in his SMRs with my additional medical research to his private doctor who prepared an IMO at no cost.

The veteran won his claim.

I mentioned the chronic presumptives here today in another forum we have but every time I think about them ,I remember this vet's rep didnt have a single clue on them at all.

They cover all sorts of psychosis as well as physical diseases etc and the list in the above link is quite long.

It pays for every veteran to consider this regulation as one more potential way to gain SC.I was alarmed that his rep didn't give it a single thought (or his lawyers)

[Interested]

Good info but 3.309 must be read with 38 CFR 3.307 http://www.benefits....ART3/S3_307.DOC . The veteran must understand that there are time limits for most of these presumptives. These time limits refer to actual diagnosis of the presumptive condition, or objective records during the presumptive period that show symptoms of the condition. That is, a claim does not have to be filed within these periods, but that the condition was diagnosed or manifested during that period.

Another presumptive is ALS, mentioned in 38 CFR 3.318 http://www.benefits....ART3/S3_318.DOC . While not exactly a presumptive, but close, may be cardiac disease following one or more LE amputations , ref: http://www.benefits....RT3/S3_310.DOC. There may be other gems hidden here and there.

http://ecfr.gpoacces....1.1.4.1.66.117

I can never seem to find the regs on the Chronic presumptives here.I know they ARE here, I just can never seem to find them.

It pays to mention them again.

(snip)

[Berta]

Bumping the Chronic Presumptive link up here-

There are about 50 chronic presumptives and we breifly discussed at SVR today with Dr. Bash and Jon how HTN can tie into cardiovascular-renal disease

“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.) “

Although ALS is not a chronic presumptive, it pays to again remind all that:

“VA Secretary Establishes ALS as a Presumptive Compensable Illness

September 23, 2008 “

http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=1583

There are many types of presumptives such as GW, AO, POW, and Tropical presumptives- but the 'chronic' presumptives should never be overlooked as a potential way to gain service connection.