Whether the Department of Veterans Affairs exceeded its statutory authority in promulgating 38 C.F.R. § 3.318, which provides veterans with presumptive service connection for amyotrophic lateral sclerosis (ALS)

QUESTIONS PRESENTED Section 3.318 of 38 C.F.R. provides veterans with 90 days of active, continuous service with presumptive service connection for amyotrophic lateral sclerosis, or ALS, thereby entitling a veteran who develops ALS to disability benefits from the Department of Veterans Affairs (Department or VA). 38 C.F.R. § 3.318. The presumption is not based on Congressional action, but rather is entirely a “regulatory creation.”