Why the first year matters
Under 38 CFR § 3.307 and § 3.309, certain chronic conditions that manifest within one year of discharge are presumed service-connected, meaning you don't need to prove a direct link. The VA assumes military service caused them.
Presumptive conditions (within 1 year)
These chronic diseases are presumed service-connected if they manifest to a degree of 10% or more within one year of discharge:
- Arthritis (degenerative, any joint)
- Hypertension (high blood pressure)
- Diabetes mellitus
- Cardiovascular disease
- Peptic ulcers
- Sensorineural hearing loss
- Tinnitus
- Psychoses (certain mental health conditions)
- Calculi of the kidney, bladder, or gallbladder
- Tumors, malignant, of the brain or spinal cord
Effective date advantage
If you file within one year of separation and your claim is granted, your effective date is the day after separation, regardless of when during that year you filed. That can add months of retroactive pay.
What you need
- Current diagnosis from any medical provider (VA, private, or military)
- Evidence the condition manifested within 1 year, medical records, pharmacy records, or lay statements
- DD-214 showing your dates of service and character of discharge
Action steps
- File an Intent to File immediately if you haven't already
- Schedule appointments at a VA medical facility to establish care and document conditions
- Get private medical evaluations for any conditions not yet diagnosed
Important notes
- You do not need to prove a nexus for presumptive conditions, the 1-year timeline does that for you
- You still need a current diagnosis and evidence of symptoms within the year
- This applies to all veterans, combat or not
- Conditions that develop after 1 year can still be claimed but require a nexus letter proving service connection