Presumptive Service Connection Amyotrophic Lateral Sclerosis.



Read full pages at:
http://edocket.access.gpo.gov/2008/pdf/E8-22083.pdf

PART 3—ADJUDICATION
Subpart A—Pension, Compensation,
and Dependency and Indemnity
Compensation
■ 1. The authority citation for part 3,
subpart A continues to read as follows:
Authority: 38 U.S.C. 501(a), unless
otherwise noted.
■ 2. Add § 3.318 to read as follows:
§ 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, or air 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
By statute (38 U.S.C. 1155),
VA disability ratings are based on
average impairment of earning capacity,
as reflected by evaluation criteria in the
rating schedule, which the Secretary
may revise from time to time ‘‘in
accordance with experience.’’ While
medical information and expertise are
significant factors in revising the list of
rating schedule disabilities and
evaluation criteria, they are not the only
relevant factors that VA must rely upon
in crafting its rating schedule. We must
also consider social and sociological
factors in determining the level of
impaired employability caused by a
particular disability.




Sent: Thursday, October 02, 2008 8:57 PM
To: Dale Hettmansperger; Glen Johnson
Subject: FW: new TBI and ratings regulations






Robert P. Walsh

Two West Michigan Avenue

Suite 301

Battle Creek, Michigan 49017



Telephone (269) 962-9693

Telecopier (269) 962-9592

E-mail: rpwalsh@sbcglobal.net




Sent: Wednesday, September 24, 2008 10:03 AM
To: hammerm2; Margaret Costello; Bob Walsh; Tammy Kudialis
Subject: new TBI and ratings regulations



VA implemented its final rule changes amending the TBI ratings regulations in 38 CFR 4.124a. It appears that the veterans will generally have a higher rating under the new regs.



VA also promulgated new regs adding ALS as a presumptive disease for herbicide exposure in vietnam.



http://edocket.access.gpo.gov/2008/pdf/E8-22083.pdf

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