M21-1 Manual  /  Part VIII, Subpart iii, Chapter 1

Service Connection (SC) for Tropical Diseases

M21-1, Part VIII, Subpart iii, Chapter 1

Overview

In This Chapter

This chapter contains the topic “SC for Tropical Diseases.”


1. SC for Tropical Diseases


Introduction

This topic contains information on developing claims for SC for chronic or tropical diseases, including
  • considering
    • SC for a tropical disease, and
    • presumptive SC
    • establishing presumptive SC for tropical diseases, and
    • action to take if a chronic or tropical disease was
      • treated in service, and
      • not treated in service.

Change Date

July 29, 2021

VIII.iii.1.1.a. Considering SC for a Tropical Disease

When deciding any claim for service connection (SC) for a tropical disease included in 38 CFR 3.309(b), it is also necessary to consider SC based on
  • manifestation of the claimed disease during service, and
  • a presumption that the disease, which was first manifested following discharge from service, is nevertheless related to service.

VIII.iii.1.1.b. Considering Presumptive SC

Once a substantially complete claim is of record, the following conditions apply:
  • the possibility of entitlement to presumptive SC exists when the Veteran alleges inception within the limiting periods contained in
  • the Veteran does not need to establish that the disease in question was definitely diagnosed within the presumptive period, and
  • the evidence should show that manifestations of the condition, disabling to the degree of at least 10 percent, became apparent prior to the expiration of the presumptive period shown in 38 CFR 3.307.

VIII.iii.1.1.c. Establishing Presumptive SC for Tropical Diseases

Use the table below to determine the service requirements the Veteran must meet before VA may establish presumptive SC for tropical diseases listed in in 38 CFR 3.309(b).
If the Veteran served during …Then …
peacetime before January 1, 1947the Veteran must have had active continuous service for six months or more under 38 CFR 3.308(b).
peacetime on or after January 1, 1947, or wartimethe Veteran must have had active, continuous service of 90 days or more under 38 CFR 3.307.
Note: In claims based on a period of active duty for training (ADT), there is no presumption of SC for tropical diseases under 38 CFR 3.309(b) (see Smith (Valerie Y.) v. Shinseki, 24 Vet.App. 40, 44 (2010)) unless SC has been established for a disability based on the period of ADT, as described in M21-1, Part III, Subpart i, 1.A.2.i.

VIII.iii.1.1.d. Action to Take if a Tropical Disease Was Treated in Service

Follow the instructions in the table below when service records show the Veteran was treated for a tropical disease.
If the Veteran ...Then ...
files a substantially complete claim for the conditionrefer the case to the rating activity.
did not file a claim for the conditionsolicit a claim.
References: For more information on

VIII.iii.1.1.e. Action to Take if a Tropical Disease Was Not Treated in Service

Even though certain tropical diseases were not treated during service, SC may still be established on a presumptive basis under the provisions ofReference: For more information on the diseases for which SC may be established on a presumptive basis and the service requirements that must be met, see 38 CFR 3.307.

Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part VIII, Subpart iii, Chapter 1 (U.S. government work, reproduced for reference). Browse all sections →