38 C.F.R. § 17.109

Presumptive eligibility for psychosis and mental illness other than psychosis

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(a) Psychosis. Eligibility for benefits under this part is established by this section for treatment of an active psychosis, and such condition is exempted from copayments under §§ 17.108, 17.110, and 17.111 for any veteran of World War II, the Korean conflict, the Vietnam era, or the Persian Gulf War who developed such psychosis:

(1) Within 2 years after discharge or release from the active military, naval, or air service; and

(2) Before the following date associated with the war or conflict in which he or she served:

(i) World War II: July 26, 1949.

(ii) Korean conflict: February 1, 1957.

(iii) Vietnam era: May 8, 1977.

(iv) Persian Gulf War: The end of the 2-year period beginning on the last day of the Persian Gulf War.

(b) Mental illness (other than psychosis). Eligibility under this part is established by this section for treatment of an active mental illness (other than psychosis), and such condition is exempted from copayments under §§ 17.108, 17.110, and 17.111 for any veteran of the Persian Gulf War who developed such mental illness other than psychosis:

(1) Within 2 years after discharge or release from the active military, naval, or air service; and

(2) Before the end of the 2-year period beginning on the last day of the Persian Gulf War.

(c) No minimum service required. Eligibility for care and waiver of copayments will be established under this section without regard to the veteran's length of active-duty service.

(Authority: 38 U.S.C. 501, 1702, 5303A) [78 FR 28143, May 14, 2013]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2016–2023 · leading case: David A. Hamill v. Denis McDonough (Vet. App. 2023).

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David A. Hamill v. Denis McDonough (Vet. App. 2023). · cites it 3× “(38 CFR 17.109).”69 The explanation for the denials of service connection for each of the other four disabilities was that the records showed no complaint of or treatment for the disability during service.”

10-19 236 (Board of Vet. App. 2016). “Under 38 C.F.R § 17.109 and 38 U.S.C.A. § 1702 (b) , any veteran of the Persian Gulf War who develops an active mental illness (other than psychosis) shall be deemed to have incurred such disability in the active military, naval or air service if the disability is developed…”

13-20 476 (Board of Vet. App. 2016). “§ 1702 (West 2015); 38 C.F.R. § 17.109 (b), 17.37 (2015). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS Service Connection for Variously Diagnosed Psychiatric Disorder Service connection is granted for disability resulting from disease or injury incurred in or aggravated by…”

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