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6.2. Presumption of In-service Occurrence
Congress has specified a number of conditions the diagnosis of which within certain periods after discharge from service gives rise to a statutory presumption of incurrence in service. 38 U.S.C. § 1112(a)(1); Collamore v. Derwinski, 2 Vet. App. 541, 543 (1992). These presumptions include:
- a chronic or tropical disease developing a 10% or more degree of disability within 1 year
- active tuberculosis developing a 10% or more degree of disability within 3 years
- Hansen's disease developing a 10% or more degree of disability within 3 years
- multiple sclerosis developing a 10% or more degree of disability within 7 years
38 U.S.C. § 1112(a). There is also a broad presumption for prisoners of war detained for not less than 30 days. 38 U.S.C. § 1112(b).
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