Presumptive condition

A presumptive condition is a condition the VA presumes to be connected to service for veterans who meet service requirements written into regulation. Where a presumption applies, the medical link between the condition and service does not have to be proved individually, because the regulation supplies that element. The presumptions, and the service criteria that trigger each one, are listed at 38 CFR 3.307 and 3.309.

A presumption covers one element of a claim and leaves the others in place. The condition still has to be diagnosed, and the service criteria in the regulation, which can involve dates, locations, units, or documented exposures, still have to be established on the record. The VA decides whether both are met in a given case. A presumption can also be rebutted where affirmative evidence shows another cause, a rule set in the same part of the regulation.

A presumption addresses connection to service and says nothing about severity. Severity is evaluated on the medical record like any other condition, so a documented current diagnosis and documented functional limits still carry that half of the claim. Whether a presumption reaches a particular veteran is claims work, decided with an accredited representative or VSO, and representation through a recognized VSO is free.