Fully Developed Claim Info

[meghp0405]

asknod, has got this thing all figured out, the VA is attempting to make the outhouse smell a little cleaner with the same resources, that's all.

[harleyman]

You only get the retro if this is an initial claim and you have been out of service more than one year when you file the formal claim. Plus there are other interesting restrictions. If you are out less than one year, just file your claim and get your general medical exam and complain about all the conditions you were treated for during service. That way the conditions are documented within one year of your discharge.

If you wait to file your initial claim until one year has passed to try to get retro money, you will only get exams for conditions that are considered chronic and that you can show/prove you were treated for while in service. No one year presumptive will apply to your claim.

If it were me, I would just file the claim as soon as I can especially if it has been less than one year since I was discharged or retired.

[free_spirit_etc]

Harleyman,

That is something I never understood about my husband's claim. He filed his claim with the VA several months before he retired. He listed a shoulder injury on the initial claim. I would assume that he also mentioned it on his discharge physical, since he was filing a claim for it. But it is hard to tell because the discharge physical is missing from his file. When he got his C&P exams, they found that his shoulder was injured, but they said since it wasn't in his SMRs they didn't have any evidence it started in the service. The C&P exams were 7 months after he retired. It just seems like with 28 years in the service, and the fact that my husband brought it up before he retired, it would have been service connected.

[harleyman]

Harleyman,

That is something I never understood about my husband's claim. He filed his claim with the VA several months before he retired. Then, I am assuing ths was a BDD claim, the effective date for his claimed conditions would be the day after he was discharged / retired.

He listed a shoulder injury on the initial claim. The claim he filed prior to discharge? Did he get is discharge exam befor or after he filed the claim filed for compensation?

I would assume that he also mentioned it on his discharge physical, since he was filing a claim for it. But it is hard to tell because the discharge physical is missing from his file. Do yo hav a complete copy of the records from VA, a copy of the VA claims file?

When he got his C&P exams, they found that his shoulder was injured, but they said since it wasn't in his SMRs they didn't have any evidence it started in the service. DID they take x-rays? X-rays will show degeneration and bore spurs and evidence of arthritis? You might need to get x-rays, and a private medical exam with opinion (DR. BASH) is an expert in Bord Certified in Medical Radiology, I recommend him in these situations.

The C&P exams were 7 months after he retired. It just seems like with 28 years in the service, and the fact that my husband brought it up before he retired, it would have been service connected. Without the exit exam and without the STRs showing some treatment for the shoulder conditions, there is no evidence to support service conection. Remember, you have to have an event in service,(thats were DR.BASH can give an expert opinion, byhis stating the x-rays show arthritis, and then he can provide the link (opinion), that the arthritic shoulder must have been injured sometime in he last 28 years, is the precurser to the shoulder condition the Veteran is suffering from since discharge.

If you canf ind the discharge exam and show it prio to discharge, you miht be able tofind reference to the shoulder in the STRs somewhere. But if there is nothing in STRS and yu don't have the exam showing shoulder condition, it is going t be tough to get it service connected.

Get copies of the VA cfile and go through everything and tab all your husband's conditons. You might find more conditions he was treated for while in service that he can claim,sometimes Veteran's are so used to living with certain disabilities, the forgot that at one time before their time spent in service they didn't have that problem before their military service. - Harleyman

Edited September 9, 2013 by harleyman

[free_spirit_etc]

Thanks for all your answers Harleyman. If I recall, the xrays did show arthritis, but they did not find any treatment in the service. I do have a copy of the C-file, but we have never been able to get a copy of his discharge physical. The record shows one was done, but the VA says they don't have a copy and the National Records Center says the VA has all the medical records. It just seemed like if you had reported the injury to the VA before you even retired, that you could show that you did have the injury before you left the service.

As my husband is deceased most of the conditions are now kind of a moot point. I am sorry for not making that clear. It was just puzzling to look through the file and see things like that.