It’s now easier for veterans with amyotrophic lateral sclerosis (ALS – also known as Lou Gerhig’s disease) to receive VA disability compensation.
The VA has recently issued new regulations that establish a *presumption of service connection for veterans who are diagnosed with ALS anytime after their separation from active military service.
ALS is a neuromuscular disease that affects up to 30,000 people in the U.S. It often progresses very quickly and is almost always fatal. ALS causes degeneration of nerve cells in the brain and spinal cord that leads to muscle weakness, muscle atrophy and spontaneous muscle activity. Currently, the cause of ALS is unknown and there is no effective treatment.
The National Academy of Sciences’ Institute of Medicine (IOM) studied ALS in veterans and found that they suffer from ALS in higher numbers than in the general population. Based on the IOM’s 2006 report, the VA determined that because ALS progresses so rapidly, there may not be time for veterans to obtain the medical evidence that would normally be needed to prove that their ALS is related to their military service. To save precious time, the VA will presume service-connection for veterans who have had at least 90 days of active service and who are diagnosed with ALS anytime after their separation from service.
BUT – THERE IS A CATCH. The presumption will automatically be applied to claims that are filed after September 23, 2008 (the date of the new regulations), or that are pending at the VA, the U.S. Court of Appeals for Veterans Claims or the U.S. Court of Appeals for the Federal Circuit as of that date. This means that if the VA denied a claim for service connection for ALS before September 23, 2008, the VA will not reconsider that claim automatically. The veteran will have to notify the VA about the previous denial of benefits and request that the VA consider the claim under the new regulation.