Claim Raven explanation
What this means
This regulation provides a presumption for amyotrophic lateral sclerosis, or ALS, developing after qualifying active service. It includes a requirement for at least 90 days of continuous active service and specific exceptions.
The rule does not require ALS to appear immediately after discharge. VA still needs evidence of the diagnosis and qualifying service, and it may consider affirmative evidence described in the exceptions.
How this helps your claim
For an ALS claim, focus first on the confirmed diagnosis and service record. If VA denies the presumption, the decision should identify the missing requirement or applicable exception rather than simply pointing to the number of years since service.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Locate the specialist's diagnosis and supporting neurological records.
- Verify at least 90 days of continuous qualifying active service.
- Identify any evidence VA relied on to invoke an exception to the presumption.
Establish the diagnosis and qualifying service separately
ALS can be diagnosed long after military service, so the diagnosis date and service dates serve different purposes under this presumption. The medical evidence establishes the disease, while service documents address the continuous active-service requirement.
If a decision discusses an exception, identify the affirmative evidence it relies on and the exact exception involved. A long gap after discharge should not be casually substituted for the rule's stated requirements. The relevant question is how the diagnosed condition and verified service fit this particular provision.
Does every neurological diagnosis fall under the ALS presumption?
No. This provision is specific to amyotrophic lateral sclerosis. Similar symptoms or another neurological disease do not become ALS because the presumption would be useful. Use the actual diagnosis and consider the rules applicable to that condition without altering medical terminology.
Official regulatory text
38 CFR § 3.318
eCFR snapshot: September 3, 2026. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 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.
(Authority: 38 U.S.C. 501(a)(1))
[73 FR 54693, Sept. 23, 2008, as amended at 87 FR 26126, May 3, 2022]
Related references
- 38 CFR § 4.1: What a VA disability rating measures
- 38 CFR § 3.159: VA duty to assist: records and examinations
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