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Can I file a claim even though the issue is not documented in my medical records?

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Knees-n-Da Breez

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Hello My fellow service members,

I was a member of the the 82nd Abn Div years ago. I often complained about my knees since leaving and even filed a claim about it. The claim was denied because there was no proof that the military caused it. I never complained about it then or went to sick call because in my unit, going to sick call was frowned upon (young and dumb). The situation with my knees has gotten worse. Is this a battle worth fighting? If so, what should I do? Thanks!

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  • HadIt.com Elder

 This brings back some old memory's  for me, & what is weird  to me, I did two tours in Nam and took an early out from President Nixon  operation troop withdraw phase down program, before I sign up for the second Nam tour, I was scheduled/orders to report to Fort Benning for jump school, I never got to go, I  ETS out of Nam to Ft Hord California (Oakland out processing center)

why I had orders for jump school  I'll never know? although my company commander was 82nd Airborne  

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My 2 cents, unless you have continuity of symptoms with supporting medical records, an FDC would probably end up as a Reg A$$ Claim.

All claims large or small, are worth pursuing. Your 50%, right, a 10% Bilateral would bump you to 60. Run the numbers with your current SC's, could get you in the area of a 65 round up to 70.

Semper Fi

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On 2/27/2017 at 8:31 AM, Gastone said:

My 2 cents, unless you have continuity of symptoms with supporting medical records, an FDC would probably end up as a Reg A$$ Claim.

All claims large or small, are worth pursuing. Your 50%, right, a 10% Bilateral would bump you to 60. Run the numbers with your current SC's, could get you in the area of a 65 round up to 70.

Semper Fi

There's no difference whatsoever in FDC v Regular claim. Claims are worked by their 'Date of Claim' in NWQ, or when a tracked item suspense is up. The VA is going to tell you differently, but that's the way claims are worked.

When ordering an exam from the VA, there is a place to input 'Fully developed claim', and that inserts FDC verbiage into the exam- Unknown whether this actually has any effect on the C&P clinic scheduling the exam.

Again, it bears repeating, I've heard multiple times from VA officials they are considering LE injuries and a parachutist's badge informally presumptive.

I'm going to ask one if there's anything in writing, or to put something in writing- Even if it's an email.

and we all know MOST of us don't report things that occurred, obviously we should have, but here's not the place to keep beating people up about it.

In any case, Berta's post is spot-on (as usual), and I'm not sure why anyone would write anything counter ...

1.File.

include a xerox of:

2. your DD-214 w/ 'parachutist's badge' circled

3. your orders and/or 2-1 with assignment to an airborne unit circled

4. Jump record

5. decisions Berta's referenced

6. Concise statement referencing the evidence as it's fits Berta's decisions, kinda written in 'for dummies' format.

 

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Mike, I've had a 2 or 3 Reg A$$ claims prior to the FDC Program and 5 FDC's since 2014. All my FDC's have been C & P'd within 2 mos and Award & or Denial Decision letters received within 6 mos of filing the Claim.

You may or may not be right regarding "no Difference" in VA Rating Dept Development and processing of all claims.  I don't believe non-FDC claims are being decided within 6 mos, at least based on Vet's I talk to and see here on Hadit.

Semper Fi

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