38 C.F.R. § 3.318
Presumptive service connection for amyotrophic lateral sclerosis
(a) Except as provided in paragraph (b) of this section, the development of amyotrophic lateral sclerosis manifested at any time after discharge or release from active military, naval, air, or space service is sufficient to establish service connection for that disease.
(b) Service connection will not be established under this section:
(1) If there is affirmative evidence that amyotrophic lateral sclerosis was not incurred during or aggravated by active military, naval, or air service;
(2) If there is affirmative evidence that amyotrophic lateral sclerosis is due to the veteran's own willful misconduct; or
(3) If the veteran did not have active, continuous service of 90 days or more.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 2013–2021 · leading case: Kay M. Bowers v. Eric K. Shinseki, 26 Vet. App. 201 (Vet. App. 2013).
Kay M. Bowers v. Eric K. Shinseki, 26 Vet. App. 201 (Vet. App. 2013). “5 This appeal presents the first opportunity for the Court to consider the applicability of the presumption of service connection for amyotrophic lateral sclerosis provided in 38 C.F.R. § 3.318 (2012). 6 As to the issues argued on appeal, the Court will affirm the September 2010…”
Snyder v. McDonough, 1 F.4th 996 (Fed. Cir. 2021). “38 C.F.R. § 3.318 (a), (b). Mr. Snyder undis- putedly does not satisfy one of those preconditions—that the veteran “have active, continuous service of 90 days or more.”
Hansen-Sorensen v. Wilkie, 909 F.3d 1379 (Fed. Cir. 2018). “" 38 C.F.R. § 3.318 (a) (ALS Rule). This appeal concerns whether Mr.”
Bowers v. Shinseki, 748 F.3d 1351 (Fed. Cir. 2014). “Bowers appealed to the Board of Veterans’ Appeals, asserting that he was entitled to presumptive service connection for ALS under 38 C.F.R. § 3.318 . The Board rejected his argument and noted that reserve duty and active duty for training of the type Mr.”
Holbrooks v. Sun Life Assurance Co., 570 F. App'x 831 (10th Cir. 2014). “Pursuant to VA regulation 38 C.F.R. § 3.318 , Dr. Holbrooks’s diagnosis with ALS also entitled him to a monthly disability benefit from the VA.”
Watson v. Wilkie (Fed. Cir. 2020). “The VA granted service connection based on 38 C.F.R. § 3.318 , with a 100 percent evaluation and an effective date of March 8, 2012.”
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