Chronic disease 1-year presumption (38 CFR § 3.309)

Key concept. Under 38 CFR § 3.309(a), certain chronic diseases that manifest to a compensable degree (typically 10% or more) WITHIN ONE YEAR of separation from active service are PRESUMPTIVELY service-connected. This is separate from all the special-exposure presumptions and applies to all veterans.

Conditions covered (partial list)

• Arthritis
• Diabetes mellitus
• Hypertension (high blood pressure)
• Multiple sclerosis
• Cardiovascular disease
• Hemorrhagic disorders
• Peptic ulcers
• Psychosis
• Specified cancers
• Endocrine disorders
• Many others — see 38 CFR § 3.309(a) for the full list

Strategy

If you’ve been out of service less than a year and you’ve just been diagnosed with one of these, this is a high-priority claim. The presumption shortcuts the nexus element entirely. Combine with the 1-year-post-discharge effective date rule for maximum back pay.

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