arising subsequent to discharge and not as a result of military service. (See also § 2.1089) ** (Sec. 11, 46 Stat. 995, sec. 27, 48 Stat. 524; 38 U.S.C. 471, 471a)

2.1091 Interpretation of spinal meningitis. Spinal meningitis will be interpreted as cerebrospinal fever, or cerebrospinal meningitis, i. e., the infectious disease due to the meningococcus, affecting primarily the cerebrospinal meninges. It will also be taken to include other primary forms of meningitis, such as primary pneumococcic or streptococcic meningitis, where the cerebrospinal meninges are involved alone or as a part of a generalized pneumococcic or streptococcic septicaemia.*t (Sec. 11, 46 Stat. 995, sec. 28, 48 Stat. 524; 38 U.S.C. 471, 722)

2.1092 Presumption of service connection for spinal meningitis. The presumption of service connection will not be invoked where particular forms of meningitis are secondary to diseases or injuries not themselves service connected, such as (a) the pneumococcic form which is secondary to intercurrent pneumonia endocarditis, or disease or injury of the cranium or its fossae; (b) the pyogenic form, following intercurrent infections elsewhere in the body or occurring as a terminal condition in chronic maladies; (c) the miscellaneous forms, such as the meningitis secondarily supervening in intercurrent typhoid, diphtheria, influenza, etc. Disability from inflammation of the spinal meninges occurring in cerebrospinal syphilis will be rated with the misconduct provision of the law in mind.* (Sec. 11, 46 Stat. 995, sec. 28, 48 Stat. 524; 38 U.S.C. 471, 722)

2.1093 Presumptive service connection for amoebic dysentery. Where it is shown (by a report of physical examination, or acceptable medical or lay affidavits) that a veteran had amoebic dysentery developing a 10 percent degree of disability or more prior to January 1, 1925 in accordance with the Schedule of Disability Ratings, 1925, and extensions thereto, and where it is not shown by clear and unmistakable evidence that such disability was incurred prior to or subsequent to enlistment or acceptance into active military or naval service, a rating will be made that the amoebic dysentery is presumed to have been incurred in service.*t (Sec. 11, 46 Stat. 995, sec. 28, 48 Stat. 524; 38 U.S.C. 471, 722)

2.1094 Neuropsychiatric diseases included. The neuropsychiatric diseases included in the second proviso, section 200, World War Veterans' Act, 1924, as amended, include the following:

(a) Psychoses. Manic-depressive, dementia praecox, paranoid, associated with organic diseases or injuries.

(b) Psychoneuroses and neuroses. Neurasthenia, psychasthenia, hysteria, anxiety neurosis, occupational neurosis, compulsion neurosis, tics.

(c) Vaso-motor and trophic disorders. Raynaud's disease, angioneurotic oedema, erythro-melalgia.

(d) Neurological diseases. Diseases of the cranial and peripheral nerves, diseases of the spinal cord, diseases of the pons, medulla and basal ganglia, diseases of the cerebellum, diseases of the meninges, diseases of the brain (embolism, hemorrhage into the brain, throm

**For statutory and source citations, see note to § 2.1000.

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bosis, hydrocephalus, tumors, abscess, muscular dystrophies and myopathies, chorea, anthetosis, tremors, paralysis agitans, multiple sclerosis).

(e) Endocrinopathies. Diseases of the thyroid gland (except neoplasms, simple enlargements and abscesses), diseases of the parathyroid glands, diseases of the pituitary (hypopituitarism, Froehlich's syndrome, dystrophia adiposogenitalis; hyperpituitarismacromegaly), diseases of the gonads, diseases of the adrenal glands, polyglandular syndromes.

(f) The Epilepsies.** (Sec. 11, 46 Stat. 995, sec. 28, 48 Stat. 524; 38 U.S.C. 471, 722)

SERVICE CONNECTION FOR TUBERCULOUS DISEASES

2.1096 Presumptive service connection for active tuberculosis. Where an active tuberculous disease of 10 percent degree or more in accordance with the Schedule of Disability Ratings, 1925, and extensions thereto, is shown to have developed prior to January 1, 1925, such active tuberculous disease will be considered as incident. to service in accordance with the second proviso of section 200 of the World War Veterans' Act, 1924, as amended, as reenacted under Public, No. 141, 73d Congress; provided, that the claimant had active. military or naval service between April 6, 1917 and November 11, 1918, inclusive, or prior to April 2, 1920 with the United States military forces in Russia. (See § 2.1089) ** (Sec. 11, 46 Stat. 995, sec. 27, 48 Stat. 524; 38 U.S.C. 471, 471a)

2.1097 Evidence necessary to show active pulmonary tuberculosis. The showing of active tuberculosis disease of 10 percent degree or more prior to January 1, 1925, will be contingent upon reports of physical examination, or acceptable medical or lay affidavits, citing the facts that would demonstrate the existence of such condition. Lay affidavits when relevant, competent, and material, will be given due consideration in connection with the other evidence submitted; such affidavits to be acceptable must be confined to statements of fact and not of opinion.*t (Sec. 11, 46 Stat. 995, sec. 28, 48 Stat. 524; 38 U.S.C. 471, 722)

2.1099 Findings establishing a diagnosis of active pulmonary tuberculosis. In all cases in which a determination is to be made of the development of active tuberculosis to a 10 percent degree of disability or more prior to January 1, 1925, as provided in section 200 of the World War Veterans' Act, 1924, as amended, as reenacted by Public, No. 141, 73d Congress, the following standards will be applied: Active pulmonary tuberculosis, diagnosticated by approved methods as outlined in §§ 25.6021, 25.6022, will be held to have preexisted the diagnosis 6 months in minimal (incipient) cases; 9 months in moderately advanced cases; and 12 months in far advanced cases.* (Sec. 11, 46 Stat. 995, sec. 28, 48 Stat. 524; 38 U.S.C. 471, 722)

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**For statutory and source citations, see note to § 2.1000.

MISCELLANEOUS RULES ON SERVICE CONNECTION

2.1100 Natural progress under § 35.011. The provisions of §35.011 (a) (4), relating to a specific finding that the increase in disability is due to the natural progress of a disease will be met by a finding of a constituted rating agency of the Veterans' Administration based upon available evidence of a nature generally acceptable as competent to show that an increase in severity of a disease or injury, or of the disabling effects thereof, or the acceleration in progress of a disease was that normally to be expected by reason of the inherent character of the condition, aside from any extraneous or contributing cause or influence peculiar to military service.*† (Sec. 1, 48 Stat. 8; 38 U.S.C. 701)

2.1101 Proximate results. Disability which is proximately due to or the result of a properly service connected disease or injury is pensionable or compensable, unless such disability is shown to be the result of a non-service connected intervening cause. When service connection is thus established for a secondary condition, the secondary condition will be considered a part of the original condition for all purposes.** (Sec. 3, 48 Stat. 9; 38 U.S.C. 703)

SERVICE CONNECTION FOR DENTAL DISABILITIES

2.1104 Required period of service. Compensation may be awarded for a dental condition under § 35.011, and Public, No. 141, 73d Congress, where active service was performed on or after April 6, 1917, and prior to November 11, 1918, or prior to April 2, 1920, for persons who served with the United States military forces in Russia, or pension (under § 35.011 only) where active service was performed in the Spanish American War, Boxer Rebellion or Philippine Insurrection as defined by §§ 4.2000 (a), 4.2001 (a), 4.2002 (a). For the purposes of § 35.011 the veteran must have been honorably discharged, and under Public, No. 141, 73d Congress, not dishonorably discharged, and the disability must have been incurred in or aggravated by active service during the defined periods and not due to misconduct. However, where incurrence of the disability is shown prior to the beginning date of the war concerned or where the enlistment commenced subsequent to the termination thereof, service connection may be established only in accordance with $ 35.012.** (Sec. 1, 27, 48 Stat. 8, 524; 38 U.S.C. 471a, 701)

2.1105 Service connection. (a) Determinations relative to the origin or aggravation in active service of dental conditions will be in accordance with the requirements of §§ 35.011 (a) (1), 35.012 (a) (1), respectively, and section 28, Public, No. 141, 73d Congress.

(b) When a period of 6 months or over of continuous active service during a war time enlistment which began prior to November 11, 1918, is shown, service connection may be considered as having been established under the World War Veterans' Act, 1924, as amended, reenacted by Public, No. 141, 73d Congress, for any dental disability, except such as were recorded at time of enlistment, existed prior thereto, or otherwise rebutted, shown to have existed within 1

**For statutory and source citations, see note to § 2.1000.

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year of discharge from that period of service. If the claimant was discharged after July 2, 1921, the 1 year period for the establish. ment of such service connection will begin on July 2, 1921. Service connection will not be considered as having been established when the evidence clearly shows that the disabilities or conditions existed or were recorded at the time of enlistment or originated subsequent to discharge from causes not related to service. (Secs. 1, 28, 48 Stat. 8, 524; 38 U.S.C. 701, 722)

2.1106 Evidence to establish service connection. Service connection for dental disabilities will be established by service records, documentary evidence in the form of reports of examinations (dental or physical), affidavits of dentists or physicians, or affidavits of fact from two or more disinterested parties. The disability must be shown to have been incurred in or aggravated by service as provided herein. Affidavits by dentists or physicians must give the claimant's full name, the date he was first examined or treated, the date of subsequent treatments, if any, and contain a complete and detailed statement of the symptoms observed and diagnoses made. The name or number of all defective or missing teeth noted and the character and extent of any pathological condition of the investing tissues observed should be included. If exact dates cannot be given, the expression "on or about," an approximate date, may be considered. Vague expressions, such as "sometime after discharge," or "since discharge, will not be accepted. Affidavits from disinterested parties must show the circumstances under which knowledge of the claimant's disability was obtained and as far as possible describe the symptoms and location of the disability observed.*+

2.1107 Service connection where dental disability is not of pensionable or compensable degree. Determinations relating to the origin or aggravation in active service of dental conditions not of pensionable or compensable degree where claim is made for treatment will be in accordance with §§ 2.1105, 2.1106. However, the statutory presumption provided in section 200 of the World War Veterans' Act, 1924, as amended, as reenacted by Public, No. 141, 73d Congress, as to soundness of condition at the time of entrance into active service will not be applicable in cases of dental conditions not of pensionable or compensable degree.

(a) The furnishing of treatment or prosthesis for non-compensable dental conditions during service will not be considered as aggravation of a dental condition shown to have existed prior to entrance into active service.

(b) Effective principles relating to the establishment of service connection for dental diseases and injuries by reason of their relationship to other associated service connected diseases or injuries will be observed in the adjudication of claims based upon dental conditions where a determination to that effect is properly in order."t (Sec. 11, 46 Stat. 995, sec. 27, 48 Stat. 524; 38 U.S.C. 471, 471a)

2.1108 Adjudication of application for dental treatment. A formal application by or in behalf of a veteran is not required where claim is made for dental treatment only. Whenever an application for dental treatment is received, the application will be forwarded

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**For statutory and source citations, see note to § 2.1000.

by the responsible medical activity to the adjudication officer, field office, or chief, claims division, veterans' claims service, central office, where an official request for active service data will be prepared and forwarded in accordance with existing procedure. When the service data are received, the claim will be considered by the rating board for determination of service connection. The ratings in such cases will be made upon the regular rating sheets and the chief dental officer, or his designate, will be signatory to the rating.*†

2.1109 Period of presumption of service connection for dental disability. The 1-year period of presumption of service connection for a dental disability will begin from the date of discharge, release from active duty, or furlough to the reserves, or July 2, 1921, whichever is the earlier.**

PENSION OR COMPENSATION FOR DISABILITY OR DEATH THE RESULT OF TRAINING, HOSPITALIZATION, OR MEDICAL OR SURGICAL TREATMENT 2.1121 Award action under section 31, Public, No. 141, 73d Congress. (a) Where any veteran suffers or has suffered an injury, or the aggravation of any existing injury as the result of training, hospitalization, or medical or surgical treatment, awarded him under any of the laws granting monetary or other benefits to World War veterans, or as the result of having submitted to examination under authority of the War Risk Insurance Act (38 Stat. 711), as amended, or the World War Veterans' Act, 1924 (43 Stat. 607; 38 U.S.C. Chapter 10), as amended, and not the result of his misconduct, when such injury or aggravation results in additional disability to or the death of such veteran, the benefits of Public, No. 2; Public, No. 78; and Public, No. 141, 73d Congress (48 Stat. 8, 300ff., 518ff.), will be awarded in the same manner as if such disability, aggravation, or death was service connected within the meaning of such laws. The benefits of this section will be in lieu of the benefits, if payable, under the Act entitled "An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes," approved September 7, 1916 (39 Stat. 742; 5 U.S.C. Chapter 15), as amended.

(b) The benefits granted under section 31, Public, No. 141, 73d Congress (48 Stat. 526; 38 U.S.C. 501a), will not be awarded, unless application is made therefor within 2 years after such injury or aggravation was suffered, or such death occurred, or after the passage of Public, No. 141, 73d Congress, whichever is the later date, except that in cases where payments being made as of March 19, 1933 under section 213, World War Veterans' Act, 1924 (43 Stat. 623; 38 U.S.C. 501), as amended, were discontinued as a result of the review pursuant to section 17, Public, No. 2, 73d Congress (48 Stat. 11; 38 U.S.C. 717, 718), a new claim will not be necessary but all cases falling within this category will be reviewed and any payments hereunder will be effective as of March 28, 1934.*t (Sec. 31, 48 Stat. 526; 38 U.S.C. 501a)

CROSS REFERENCE: For rates of pay for disability or death the result of training, hospitalization, or medical or surgical treatment under section 31, Public, No. 141, 73d Congress, see § 3.1245.

**For statutory and source citations, see note to § 2.1000.

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