38 cfr 3 309

    • [PDF File]Title 38, Part 4 Schedule for Rating Disabilities

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      C-57–3 GENERAL INSTRUCTIONS Custom Federal Regulations Service ™ Supplemental Materials for Book C Code of Federal Regulations Title 38, Part 4 Schedule for Rating Disabilities Veterans Benefits Administration Supplement No. 57 5 December 2017 Covering the period of Federal Register issues through December 1, 2017


    • [PDF File]VA Disability Attorneys | Veterans Benefits and Damages ...

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      The 38 CFR 3.307(a) presumption of a nexus between a 38 CFR 3.309(e) disability and established in-service exposure to an herbicide agent can be rebutted by evidence that the disability was not caused by the exposure. The standard in 38 CFR 3.307(d) is affirmative evidence to the contrary. The


    • Veterans Benefits Programs for U.S. Nuclear Test ...

      Several public laws, as codified in 38 CFR 3.309, authorize VA to grant compensation for 22 types of cancers to confirmed participants. To establish eligibility under this law, veterans must contact VA to open a claim, and provide documentation (identified by VA) to VA to support the claim. Upon receipt, VA will submit a request to


    • [PDF File]IN THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

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      presumptive of herbicides pursuant to 38 CFR §3.309(e). 2. On November 7th, 1994, Petitioner was denied for both claims. (2) 3. On December 7th, 1994 Petitioner dutifully filed a timely NOD with new and material evidence showing two years of service on the land mass of not only the


    • [PDF File]TRAINING FOR VSO LESSON FIFTEEN UNDIAGNOSED ILLNESS CLAIMS

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      applicability of the elements of 38 CFR 3.309 as they pertain to presumptive disabilities considered under routine claims, and does not connote any special consideration or provision of the law concerning Gulf War veterans.) Training for VSO Lesson 23 Undiagnosed Illness Claims Trainee Handout


    • [PDF File]DEPARTMENT OF VETERANS AFFAIRS 8320-01 federalregister.gov ...

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      38 CFR 3.309 identifies diseases subject to presumptive service connection where certain circumstances of . military service are otherwise met. This section pertains to establishing service connection; it does not involve the evaluation of any specified disability. The current


    • [PDF File]UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

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      Reply Brief (Br.) at 3-4. The appellant does not specifically discuss Walker, 708 F.3d at 1340, which clarified that continuity of symptomatology may be used to establish linkage to service only for the list of chronic conditions in 38 C.F.R. § 3.309(a), but maintains that, although tinnitus is not expressly included in the regulation's list, a


    • [PDF File]38 CFR 3.309 Agent Orange Presumptive Conditions

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      Orange exposure as outlined in 38 CFR 3.309 (e). (List is attached) If a veteran was exposed to an herbicide agent during active military, naval, or air service, the following diseases shall be service-connected if the requirements of § 3.307(a)(6) are met even though there is no record of such disease during


    • [PDF File]Continuity of Treatment

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      • 38 CFR § 3.309(a) – chronic disabilities • 38 CFR § 3.307 – presumptive period . Other organic diseases of the nervous system: Glaucoma Sensorineural hearing loss Carpal tunnel syndrome Migraine headaches


    • [PDF File]Rating

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      and coronary arterybypass graft (PL 116-23, 38 CFR 3.307, 38 CFR 3.309, 38 CFR 3.400) By way of history, you were previouslydeniedservice connectionfor ischemic heart disease on a VA rating decision dated February 20, 2003, as there was no evidence of herbicide exposure. Since that time additional legislation has been passed allowingVA to ...


    • [PDF File]Department of Veterans Affairs §3 - VBDR

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      §3.309 38 CFR Ch. I (7–1–04 Edition) Sclerosis, multiple. Syringomyelia. Thromboangiitis obliterans (Buerger’s dis-ease). Tuberculosis, active. Tumors, malignant, or of the brain or spinal cord or peripheral nerves. Ulcers, peptic (gastric or duodenal) (A proper diagnosis of gastric or duodenal ulcer (pep-



    • [PDF File]Agent Orange-Related Claims Trainee Handouts

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      provisions of 38 CFR 3.307 and 3.309 to apply to a claim for service connection. In the absence of conceded or confirmed “exposure”, claims for S/C for those disabilities can only be considered on a direct basis (i.e., incurred in or aggravated by service and shown in SMR’s or diagnosed to a compensable degree within one year of discharge).


    • [PDF File]VA Compensation: Mental Health

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      38 CFR 3.309(a), a . psychosis is any of the following disorders: • Brief Psychotic Disorder • Delusional Disorder • Psychotic Disorder Due to General Medical Condition • Psychotic Disorder Not Otherwise Specified • Schizoaffective Disorder • Schizophrenia • Schizophreniform Disorder • Shared Psychotic Disorder, and


    • [PDF File]GENERAL DRC

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      o 38 CFR 3.309(a) o 38 CFR 3.309(e), where the Veteran has documented proof of service in the Republic of Vietnam (RVN) o 38 CFR 3.317 for fibromyalgia, chronic fatigue syndrome, and/or a functional gastrointestinal disorder, and/or o 38 CFR 3.318 for amyotrophic lateral sclerosis (ALS). posttraumatic stress disorder (PTSD) (unless in -


    • [PDF File]DMA Medical Opinions Course

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      38 CFR 3.308 Principles relating to service connection, 38 CFR 3.308 (2014). 38 CFR 3.309 Disease subject to presumptive service connection, 38 CFR 3.309 (2014). 38 CFR 3.309(c) Diseases specific as to former prisoners of war, 38 CFR 3.309(c) (2014). 38 CFR 3.310(a) General, 38 CFR 3.310(a) (2014) DMA Medical Opinions Page 95


    • [PDF File]Title 38, Part 3 Adjudication - Veterans Affairs

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      3.306-1 to 3.308-1 3.306-1 to 3.308-1 §3.307 3.309-7 to 3.309-8 3.309-7 to 3.309-10 §3.309 Do not file this supplement until you confirm that all prior supplements have been filed Be sure to complete the Supplement Filing Record (page B-5) when you have finished filing this material.


    • [PDF File]TITLE 11-04-2019 Title 38 38 CFR - TN

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      CHAMPVA, Medicare 17.271(b) Change of Law-Effective Date of Award 3.114 Character of Discharge 3.12 Charges for Copies of Records 1.526 Checks-Returned and Cancelled 3.1003 Child Support (Compensation counted as income) 5301 Children 3.57 3.403 3.503 501/5110 Children 10.38 10.39 10.40. Children, Adopted 10.42 Children, Claim by Guardian 10.43 Children, Mental or Physical Defect 10.39


    • [PDF File]Blue Water Navy Vietnam Veterans Act 2019 Law Extends ...

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      may be eligible for presumptive service connection under 38 CFR 3.309(e). A Veteran may be entitled to service connection on a direct basis under 38 CFR 3.303, if herbicide exposure is established and scientific or medical evidence shows that the claimed condition is medically associated with the exposure. How do I file a claim for disability


    • [PDF File]Diseases Subject to Presumptive Service Connection

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      Veteran (38 CFR 3.309(d)) For purposes of this section the term radiation-exposed veteran means either a veteran who, while serving on active duty, or an individual who while a member of a reserve component of the Armed Forces during a period of active duty for training or inactive duty training, participated in a radiation-risk activity.


    • [PDF File]Blue Water Navy Frequently Asked Questions (As of 10/29 ...

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      1 This list of conditions is eligible for presumptive service connection under 38 CFR 3.309(e); however, a Veteran may be entitled to service connection on a direct basis under 38 CFR 3.303, if herbicide exposure is established and scientific or medical evidence establishes that the claimed condition is medically associated with dioxin exposures.


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